Unlocking the Complexities of SSDI & VA Disability with AI Legalese Decoder
- May 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Seeking Insight on SSDI and VA Disability
So this is my first time reaching out for advice and information online. I’ve been researching SSDI and VA disability through various communities and forums to better understand my specific situation. I would greatly appreciate any advice or insights that anyone can offer.
It appears that SSDI primarily focuses on proving the inability to maintain substantial gainful employment. In my case, I have a 70% VA disability rating with a Total Disability Individual Unemployability (TDIU) attachment, which ultimately grants me a 100% disability rating due to being deemed unemployable. This status was awarded to me in June of 2022, and I have not been able to work since. I submitted my application for SSDI in November of 2023, and I am currently at step 3 with progress at 41%.
I am curious about the potential timeline for approval and whether there are any similar stories of veterans in comparable situations. I have been a part of the workforce since I was 16 and have accumulated enough credits to apply at the age of 29, residing in Maryland.
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I am 39. I have both SSDI and Va
I was awarded both about 10-12 years ago.
The only advantage you get being VA 100 is that you get expirit e service.
I was denied twice. I was awarded SSDI once a judge saw me. That’s because I came to the court room looking like I just got hit by a train. Wasn’t a good time then.
But they look at all injuries differently. Just because you have 100% VA TDIU doesn’t mean SSDI will look at it the same.
For instance, you could have 70% sleep apnea. 50% migraines. You could possibly get TDIU with just those two.
But SSA still sees it as you are able to work. Just depends on what triggers the headaches and also you can maintain your sleep apnea with a CPAP machine.
100 disabled vet. Submitted application April 2021. Denied Oct 2022. Appealed. Denied Sep 2023. Oct 2023 submitted for law judge. Had hearing last month. Couple month wait supposedly for any decision. Its going to take a while with them being overstaffed and everything.
As an ARMY Vet, I salute your service — Mission First, People Always!
I’m 0% Rated but, get SSDI. My SSDI app was approved at Step 3, just over 4 months from first submitting it online for kidney disease in 2020.
Unless a person’s alleged condition(s) meets **all** the eligibility requirements for an immediate approval at Step 3 of the 5 Step Disability Determination Process, the applicant’s Disability case will be heavily influenced by their assessed **Functional Abilities** to Work. If the application goes that route through to completion of Steps 4 & 5, the timeline to get a decision is about 10 to 12 months. See the [SSA flowchart on this page](https://www.ssa.gov/policy/docs/rsnotes/rsn2013-01.html) and note that 5 of 7 possible outcomes result in a Denial.
To get SSDI (Disability) one has to meet / exceed the Condition’s Listing’s [requirements](https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm) and or, medically prove that their fundamental, core level of **Functional Abilities** prevent them from doing SGA — earning $1550 month. In practice, what this means is that although a person may have a medically verifiable Condition(s), unless their **Functional Abilities** are severely compromised by it, Disability will not be awarded.
At the SSA, **Functional Abilities** are the abilities to: sit, stand, see, hear, carry, speak, have mobility, persist, understand, make & execute a decision, remember, concentrate, follow instructions, communicate socially and adapt / cope among other things including, having weight bearing and range-of-motion abilities, extremity movement abilities and general psych health functionality. Why those specific abilities? Because at Work’s fundamental core level, those are the abilities needed to do it, regardless of the job being done.
So, even though a Condition may inhibit some **Functional Abilities**, when combined with the medical records, the alleged condition’s severity, treatment, prognosis and the condition’s already generally known limiting aspects, when additional factors such as the applicant’s age, education, work history and job skills are factored in, the resulting Residual Functional Capacity Report, the RFC, will likely conclude the applicant has the **Functional Ability** to do SGA (make $1550 a month) despite the Condition(s) and thus, Disability will not be awarded. In fact, only about 30% of all SSDI applications are approved.
Contributing to this is likely the applicant’s own statements on their 10 Page Written Case for Disability, the Adult Function Report, Form SSA 3373 BK as that form was all about **Functional Abilities**. For more on that, see the [Comment posted here](https://www.reddit.com/r/SSDI/comments/1chtviq/comment/l262os3/).