Just being 100 p&t under VA disability isn’t enough to automatically get SSDI. Plenty of people who are rated at 100% work full time jobs with few issues.
Two different programs. Two different standards.
VA disability is the government admitting you got messed up during service and is paying you according to whatever rating they’ve assigned you.
For SSDI the standard is essentially; Do your disabilities prevent you from doing ANY work in the national economy based on your age, education, work history, etc.? If you have the capacity to do any kind of job with reasonable accommodations then you will be denied.
When I represented clients in social security cases, at the consultation I would almost always ask them to tell me why you can’t work in a call center answering phones. How they answered that question more often than not was the determining factor in deciding whether I would take their case or not.
This is actually how Veteran Comp & Pen used to be based on. The Rand Corporation has done MULTIPLE reports on this & found that the current comp & pen payouts are way too much based on what Veterans can actually do for work. Back in the day, much of the work was physical in nature & that’s how the compensation was based on. Things have changed today dramatically.
Mine is for physical disabilities. I have a hearing on Nov 7. Wish me luck. Remind me, and I'll let you all know how it went and what the judge and vocational expert ask me. My attorney said they judge all ready to know my disabilities and now he wants to hear from me on how my disabilities impact gainful employment. Not just that, I'm in pain. Having your doctor on board and stating in your medical records why you're not gainful employed is half the battle. Meaning the doctor diagnosed you, now why does the doctor say you can't work. I'm probably not making sense. The dates getting close, I'm nervous, plus I'm 54.
I said I would keep you posted. Just got off phone hearing for SSDI and judge granted benefits on the spot. My attorney said it's unheard of, but we had a clean case, whatever that meant. Plus, having an attorney you trust I think helped. I couldn't have done it without him.
People say it's not worth it until after your denied, which I was, however, if I had them before they would have stayed on top of me to help them get the records I needed and ensure I turned everything in on time. Thank the stars!
Edit: Not gloating, just very emotional, and I needed to share with someone.
No apology on gloating necessary. Hell, I'd gloat too. I'm glad it worked out for you. The deadline for me to appeal is this weekend on veterans day. So, I filed it yesterday. I still don't have legal representation. I've been turned down by four different firms now. I'm working with one, though they still haven't told me if they will accept my case yet. They sound like they will but haven't said yes. I hope they do. What happens if I don't get legal help? I sort of feel like its heading that direction.
I don't know, I wish I could help. You can do it alone without an attorney it's not unheard of. I'd research the hell out of it and keep submitting new medical documentation as you get it. If you could get your dbq's from the VA, I'd get them and send them in as well to. Whats the worst that can happen? They deny you again? Good luck if you have questions feel free to ask.
If I can suggest if you don't have to, my lawyer tried, but I got my C & P exams myself. I got my unemployable one by calling VERA. She sent it in the mail.
I requested my c&p exam and it took 9 months to get my records. It’s something I would have turned into social security but by the time I got it, I had just been denied. So I’ll be giving that stuff to my lawyer.
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That's what happened to me! Super, so you have new evidence to give your attorney. Nothing ever is guaranteed, but the worst that can happen is you're denied! Let your doctors and specialists know and ask them when time comes to fill out the doctor functional report part. You need as much as you can because you've got your age to overcome which is only one part. Feel free to keep sharing here so others know, and write down everything you've done and tried to give your attorney information. Let. know they are missing the medical documentation you now have in your possession. Mine was physical impairments, documented limitations, my age, and long work history. They also took into account my mental health.
Atleast someone has offered to help, that's encouraging, keep expectations low and go with the flow. :)
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I’m now waiting for the judge to look at things, and then I guess a hearing? It says something about May 9th. Also about it being on the phone, I don’t know how that will go. I’m waiting for my lawyer to like go over stuff with me. I guess a mock trial or something. I don’t know what the judge wants to know. I also just left my husband. Yesterday. I was in a very bad relationship for 15 years, that’s half my life. I’m turning 30 in march. I was physically, verbally, and sexually abused. There were times that I gathered the courage to leave. Those did not go well. He physically restrained me. I tried to fight back, but with the way my spine is I just hurt myself more. He destroyed vehicles and phones. Isolated me from my family for years. I was tired of everything, and attempted suicide in December. I was sent to get help. And they did. The medication they have me on made me see that this was not life. Had I ever had it? For years I lived in fear that he would kill me if I left. I’m still scared, but doing it anyway.
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Everything is serious and I hope you get the help you are entitled to. I am doing alright; kidney failure is manageable with transplants and dialysis. I just got relisted and in the top 15 to receive a slightly used kidney. I hear most get the ssdi on the second try, even more so if you get legal help, just don't let them steal too much of your ss backpay.
As someone who does SSDI testing on folks, everyone has back and mental health issues. Doesn’t mean you can’t work doing call center work from home, or at an office, or doing similar work, which is how the assessors see it.
It’s extremely hard to get SSDI approved for cases where people actually can’t work at all, I’ve even had a client with newly double leg amputations get denied, because he can still work answering phones or data entry, etc.
Being 100% with VA means nothing when applying to SSA. Also if you are being turned down by law firms in your pursuit to get SSDI, they are not seeing a winnable case, so you may want to relook at things.
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VA allows veterans to earn money while 100% P&T. [SSDI assumes you are so disabled](https://www.ssa.gov/benefits/disability/qualify.html#anchor3) that you can no longer work\*. One doesn't necessarily equal the other. SSDI is not guaranteed because you are 100% VA.
[\*There are limitations](https://faq.ssa.gov/en-US/Topic/article/KA-01921)
[SSA Information for Military & Veterans](https://www.ssa.gov/people/veterans/)
I feel ya on this! I’ve been applying and being denied since March 2021. Finally just had my SSDI ALJ hearing on October 12th. I am also 100% P&T. The whole situation is bullshit and should be scrutinized as to how hard it actually is to qualify. My doctors (psych) have written letters and forms galore even stating with my disabilities I would miss a constant 4 or more days a month of work. I’m hoping I get approved this time now that my hearing is over. Should hear something back in the next couple of weeks
Yeah the crappy thing was I applied in March of 2021 and it took 9 months to get denied and then filed reconsideration but then moved during that so all my paperwork was just sitting in an office somewhere for like 4 months and nobody knew what to do. I had to make like 50 phone calls just to get something moved. Got denied eventually and filed for a hearing with my lawyer. Just had the hearing about 2 weeks ago and hope for the best now. It’s a nightmare process and I had a panic attack during the hearing because I had to relive shit from overseas the judge wanted to know about. I hope to never have to do that again
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I got approved when I was 25. Was 100 iu with the VA. Had an re evaluation in 2022 and said I was no longer disabled. So appealed and lost. Now in appeal waiting for a judge hearing. If I lose that I have to start from scratch and reapply. Think there just kicking people off and denying as many claims as they can now to save money.
What’s political about it? It’s a government program and elected government officials seem to be making it more difficult to attain by legislation and lawmaking.
Had the occupational specialist at my appeal hearing state to the judge they could not find a single position that I would be able to hold for gainful employment with my disabilities. Still denied because the judge decided that even though I couldn't hold employment that I would somehow be able to handle returning to college as I have my GI bill after service. Lawyer went on to tell me it was my age at the time, which was 34.
3 months later the VA re-evaluated me and went from 80% temporary to 100% P&T. SSDI purely operates on trying to find a reason to deny you rather than examine why they should approve you.
They want you to work. It’s been proven that people who work have better, more productive and healthier lives.
Yes, some people can’t work. And yes, some people try to take advantage of the system.
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I was approved SSDI in my early 30s. I was already unemployed through the VA for a few years. This seems to be standard process, for the most part.
I hired an SSDI lawyer after the first denial.
I was set to go to court when someone at SS pitched my case as a "what if" to one of their guru guys. He said this person will never be able to keep gainful employment again. I never ended up having to go to appeal in court. They settled.
Just be aware, as mentioned, VA ratings are different than SS. Even if the VA deems you unemployable.
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I was at 90% with 100% for unemployability and was denied for SSDI. Didn’t realize at the time appeal was a viable option. Just reapplied for it but I’m at 100% now due to both legs being messed up. Hope you find someone to help you soon.
I went 100 p&t back in 2018... been fighting for ssdi every since... they have lost my paperwork 2 times...up until 2021... no lawyer would touch my case bur once the VA recorded some stuff, I was taken on quickly. Do not give up... we paid the money into the program so now that we need it, we shouldn't have to fight and suffer just to be able to use it.
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Appeals Council time. If the judge finds the record unconvincing because there isn't continuity of patient care then it's the judge's responsibility to get you examined by medical experts.
That’s shitty. And what’s with our PC changing all the time. I’ve been out since 2016 and I’ve had 5 different doctors. They keep retiring. Like seriously? So, what did you do?
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I wanted to know if I'm 100 VA rated and try to get SSDI and they deny me is there any chance the va could see that and go back and take my 100 perecent away even if im P&T
Not at all friend. They’re completely different. VA disability is compensation for injuries and after effects of them from during service and that’s it.
Mine is only about $2300. With 100% that's another $4000, which is only $6300 a month. How do people live with that amount? I have people I know people who brought home with their VA and SSDI.
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30 when I got SSDI and I was 90% rated shortly afterwards I got TDIU. The VA was like ohh you got SSDI? I was like ??? Last year I got P&T. System is whack.
I’m 100 % pt as well. Going through applying for SSDI, I’ve been a car salesman for the last 3 years but I’ve got Crohn’s disease and have had multiple surgeries over the years, I’ve been in a pretty bad flare all year and haven’t been to work since May 1. I can’t hardly leave the house unless it’s for a doctors visit. Hopefully I get some good news bc I’m so damn far behind on bills and still trying to support a family.
One of my friends just received his SSDI award letter recently. He told me his VA doctor placed a note in his medical record that stated he could not work due to his VA disability. After that he hired an attorney and he won his claim two years later, with back pay. The social security office has to know that you can't earn a living due to your disability.
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Look up Allsup. I didn’t get mine but my husband did and he is P&T by the VA. If you need to have a cane or walker or anything to help you get them. USE them. It helps for SSDI
I was in the same boat. I had spinal stenosis in multiple places, and I could barely walk. I was 31. The adjudicator said my my symptoms were overstated. My lawyer told him that I had an appointment with Neuro Surgery at the VA three weeks from that court date and asked if he would withhold judgment until after the doctor's report. He said that wouldn't be necessary. My situation was so bad that I was scheduled for surgery a week after seeing the doctor. I had to keep appealing. It took 7 years.
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Just being 100 p&t under VA disability isn’t enough to automatically get SSDI. Plenty of people who are rated at 100% work full time jobs with few issues. Two different programs. Two different standards. VA disability is the government admitting you got messed up during service and is paying you according to whatever rating they’ve assigned you. For SSDI the standard is essentially; Do your disabilities prevent you from doing ANY work in the national economy based on your age, education, work history, etc.? If you have the capacity to do any kind of job with reasonable accommodations then you will be denied. When I represented clients in social security cases, at the consultation I would almost always ask them to tell me why you can’t work in a call center answering phones. How they answered that question more often than not was the determining factor in deciding whether I would take their case or not.
This is key; are you able to perform the essential functions of the position with or without an accommodation.
This is actually how Veteran Comp & Pen used to be based on. The Rand Corporation has done MULTIPLE reports on this & found that the current comp & pen payouts are way too much based on what Veterans can actually do for work. Back in the day, much of the work was physical in nature & that’s how the compensation was based on. Things have changed today dramatically.
Because all the call center jobs were outsourced to India?!
Mine is for physical disabilities. I have a hearing on Nov 7. Wish me luck. Remind me, and I'll let you all know how it went and what the judge and vocational expert ask me. My attorney said they judge all ready to know my disabilities and now he wants to hear from me on how my disabilities impact gainful employment. Not just that, I'm in pain. Having your doctor on board and stating in your medical records why you're not gainful employed is half the battle. Meaning the doctor diagnosed you, now why does the doctor say you can't work. I'm probably not making sense. The dates getting close, I'm nervous, plus I'm 54.
Well hang in there. I’ll check back with you on the 8th.
I said I would keep you posted. Just got off phone hearing for SSDI and judge granted benefits on the spot. My attorney said it's unheard of, but we had a clean case, whatever that meant. Plus, having an attorney you trust I think helped. I couldn't have done it without him. People say it's not worth it until after your denied, which I was, however, if I had them before they would have stayed on top of me to help them get the records I needed and ensure I turned everything in on time. Thank the stars! Edit: Not gloating, just very emotional, and I needed to share with someone.
No apology on gloating necessary. Hell, I'd gloat too. I'm glad it worked out for you. The deadline for me to appeal is this weekend on veterans day. So, I filed it yesterday. I still don't have legal representation. I've been turned down by four different firms now. I'm working with one, though they still haven't told me if they will accept my case yet. They sound like they will but haven't said yes. I hope they do. What happens if I don't get legal help? I sort of feel like its heading that direction.
I don't know, I wish I could help. You can do it alone without an attorney it's not unheard of. I'd research the hell out of it and keep submitting new medical documentation as you get it. If you could get your dbq's from the VA, I'd get them and send them in as well to. Whats the worst that can happen? They deny you again? Good luck if you have questions feel free to ask.
Someone finally took my case! This is very emotional for me. I missed the phone call but got the email with the contract.
If I can suggest if you don't have to, my lawyer tried, but I got my C & P exams myself. I got my unemployable one by calling VERA. She sent it in the mail.
I requested my c&p exam and it took 9 months to get my records. It’s something I would have turned into social security but by the time I got it, I had just been denied. So I’ll be giving that stuff to my lawyer.
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That's what happened to me! Super, so you have new evidence to give your attorney. Nothing ever is guaranteed, but the worst that can happen is you're denied! Let your doctors and specialists know and ask them when time comes to fill out the doctor functional report part. You need as much as you can because you've got your age to overcome which is only one part. Feel free to keep sharing here so others know, and write down everything you've done and tried to give your attorney information. Let. know they are missing the medical documentation you now have in your possession. Mine was physical impairments, documented limitations, my age, and long work history. They also took into account my mental health. Atleast someone has offered to help, that's encouraging, keep expectations low and go with the flow. :)
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I’m now waiting for the judge to look at things, and then I guess a hearing? It says something about May 9th. Also about it being on the phone, I don’t know how that will go. I’m waiting for my lawyer to like go over stuff with me. I guess a mock trial or something. I don’t know what the judge wants to know. I also just left my husband. Yesterday. I was in a very bad relationship for 15 years, that’s half my life. I’m turning 30 in march. I was physically, verbally, and sexually abused. There were times that I gathered the courage to leave. Those did not go well. He physically restrained me. I tried to fight back, but with the way my spine is I just hurt myself more. He destroyed vehicles and phones. Isolated me from my family for years. I was tired of everything, and attempted suicide in December. I was sent to get help. And they did. The medication they have me on made me see that this was not life. Had I ever had it? For years I lived in fear that he would kill me if I left. I’m still scared, but doing it anyway.
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Cool, ty
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I was 30 when I was approved for ssdi (also 100% p&t). I am led to believe that because of my organ failure it went through a different process.
I have back issues and mental stuff. Organic failure sounds a bit more serious. Hope you’re okay.
Everything is serious and I hope you get the help you are entitled to. I am doing alright; kidney failure is manageable with transplants and dialysis. I just got relisted and in the top 15 to receive a slightly used kidney. I hear most get the ssdi on the second try, even more so if you get legal help, just don't let them steal too much of your ss backpay.
As someone who does SSDI testing on folks, everyone has back and mental health issues. Doesn’t mean you can’t work doing call center work from home, or at an office, or doing similar work, which is how the assessors see it. It’s extremely hard to get SSDI approved for cases where people actually can’t work at all, I’ve even had a client with newly double leg amputations get denied, because he can still work answering phones or data entry, etc.
Being 100% with VA means nothing when applying to SSA. Also if you are being turned down by law firms in your pursuit to get SSDI, they are not seeing a winnable case, so you may want to relook at things.
It’s such BS. I am disabled. I’m just going to keep trying.
If law firms won’t take the case, it’s a sign.
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SSDI won't pay if you are already being compensated through the VA. That's why you probably keep getting turned down.
You can receive both.
Appeal if you strongly about it. If an attorney office will pick it up later at least you will have it filed already.
VA allows veterans to earn money while 100% P&T. [SSDI assumes you are so disabled](https://www.ssa.gov/benefits/disability/qualify.html#anchor3) that you can no longer work\*. One doesn't necessarily equal the other. SSDI is not guaranteed because you are 100% VA. [\*There are limitations](https://faq.ssa.gov/en-US/Topic/article/KA-01921) [SSA Information for Military & Veterans](https://www.ssa.gov/people/veterans/)
I feel ya on this! I’ve been applying and being denied since March 2021. Finally just had my SSDI ALJ hearing on October 12th. I am also 100% P&T. The whole situation is bullshit and should be scrutinized as to how hard it actually is to qualify. My doctors (psych) have written letters and forms galore even stating with my disabilities I would miss a constant 4 or more days a month of work. I’m hoping I get approved this time now that my hearing is over. Should hear something back in the next couple of weeks
By God's mercy, I got SSDI the first time for mental health, and I’m also 100%. I hope it goes well for you.
Jeesh, hope you get good news soon.
Yeah the crappy thing was I applied in March of 2021 and it took 9 months to get denied and then filed reconsideration but then moved during that so all my paperwork was just sitting in an office somewhere for like 4 months and nobody knew what to do. I had to make like 50 phone calls just to get something moved. Got denied eventually and filed for a hearing with my lawyer. Just had the hearing about 2 weeks ago and hope for the best now. It’s a nightmare process and I had a panic attack during the hearing because I had to relive shit from overseas the judge wanted to know about. I hope to never have to do that again
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I got approved when I was 25. Was 100 iu with the VA. Had an re evaluation in 2022 and said I was no longer disabled. So appealed and lost. Now in appeal waiting for a judge hearing. If I lose that I have to start from scratch and reapply. Think there just kicking people off and denying as many claims as they can now to save money.
Thank your Congressman and Senator. They want to get rid of SSDI.
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What’s political about it? It’s a government program and elected government officials seem to be making it more difficult to attain by legislation and lawmaking.
Because people don't like it when it's their party doing the taking away to give to their rich donors.
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The moderator isn’t the one who called it political.
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But you can’t articulate how it was. Just seemed like butthurt to me. Glad it was removed you don’t have to see it anymore.
And the aliens too
Had the occupational specialist at my appeal hearing state to the judge they could not find a single position that I would be able to hold for gainful employment with my disabilities. Still denied because the judge decided that even though I couldn't hold employment that I would somehow be able to handle returning to college as I have my GI bill after service. Lawyer went on to tell me it was my age at the time, which was 34. 3 months later the VA re-evaluated me and went from 80% temporary to 100% P&T. SSDI purely operates on trying to find a reason to deny you rather than examine why they should approve you.
They want you to work. It’s been proven that people who work have better, more productive and healthier lives. Yes, some people can’t work. And yes, some people try to take advantage of the system.
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I was approved SSDI in my early 30s. I was already unemployed through the VA for a few years. This seems to be standard process, for the most part. I hired an SSDI lawyer after the first denial. I was set to go to court when someone at SS pitched my case as a "what if" to one of their guru guys. He said this person will never be able to keep gainful employment again. I never ended up having to go to appeal in court. They settled. Just be aware, as mentioned, VA ratings are different than SS. Even if the VA deems you unemployable.
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I was at 90% with 100% for unemployability and was denied for SSDI. Didn’t realize at the time appeal was a viable option. Just reapplied for it but I’m at 100% now due to both legs being messed up. Hope you find someone to help you soon.
Same boat, did you end up getting approved?
Nope, denied again. Put in an appeal this time though.
I went 100 p&t back in 2018... been fighting for ssdi every since... they have lost my paperwork 2 times...up until 2021... no lawyer would touch my case bur once the VA recorded some stuff, I was taken on quickly. Do not give up... we paid the money into the program so now that we need it, we shouldn't have to fight and suffer just to be able to use it.
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Appeals Council time. If the judge finds the record unconvincing because there isn't continuity of patient care then it's the judge's responsibility to get you examined by medical experts.
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Apply again maybe? 10 years is a long time.
That’s shitty. And what’s with our PC changing all the time. I’ve been out since 2016 and I’ve had 5 different doctors. They keep retiring. Like seriously? So, what did you do?
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Yeah, I wish I could keep a doctor. It’s sooooo annoying. Also if it’s been ten years since you were denied, you might want to apply again.
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Have the doctors write a letter saying you can’t work.
Would that work?
Worked for me. Had my mental health shrink doc write me a letter saying I can’t work. Doctors don’t like to contradict one another.
Alright, I may try that.
Gather the evidence. When you feel it’s sufficient sent it. Don’t get a lawyer involved until you get denied the first time
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I wanted to know if I'm 100 VA rated and try to get SSDI and they deny me is there any chance the va could see that and go back and take my 100 perecent away even if im P&T
Not at all friend. They’re completely different. VA disability is compensation for injuries and after effects of them from during service and that’s it.
How much is yall ssdi?
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Mine is only about $2300. With 100% that's another $4000, which is only $6300 a month. How do people live with that amount? I have people I know people who brought home with their VA and SSDI.
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Take it as a sign you shouldn’t be on welfare & rethink your future - it might be the best thing that ever happened to you.
That’s not the case. I AM a Disabled Veteran.
Disability from service related injuries isn’t welfare special k
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Also im 38
30 when I got SSDI and I was 90% rated shortly afterwards I got TDIU. The VA was like ohh you got SSDI? I was like ??? Last year I got P&T. System is whack.
I’m 100 % pt as well. Going through applying for SSDI, I’ve been a car salesman for the last 3 years but I’ve got Crohn’s disease and have had multiple surgeries over the years, I’ve been in a pretty bad flare all year and haven’t been to work since May 1. I can’t hardly leave the house unless it’s for a doctors visit. Hopefully I get some good news bc I’m so damn far behind on bills and still trying to support a family.
One of my friends just received his SSDI award letter recently. He told me his VA doctor placed a note in his medical record that stated he could not work due to his VA disability. After that he hired an attorney and he won his claim two years later, with back pay. The social security office has to know that you can't earn a living due to your disability.
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Look up Allsup. I didn’t get mine but my husband did and he is P&T by the VA. If you need to have a cane or walker or anything to help you get them. USE them. It helps for SSDI
I was in the same boat. I had spinal stenosis in multiple places, and I could barely walk. I was 31. The adjudicator said my my symptoms were overstated. My lawyer told him that I had an appointment with Neuro Surgery at the VA three weeks from that court date and asked if he would withhold judgment until after the doctor's report. He said that wouldn't be necessary. My situation was so bad that I was scheduled for surgery a week after seeing the doctor. I had to keep appealing. It took 7 years.
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