100% P&T with IU / SSDI?

Outty5000 said:
How does the VA determine if you are permanent and total is there anyway for me to tell by looking at my proposal letter? I am 100% VA proposed. I am anxious to know if I qualify for chapter 35 benefits for my daughter.
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The big, multi-page VA letter you should have rec'd will say things like:

Permanent and Total

Chapter 35 Education

No further exams are currently scheduled

If you did not receive that multi-page document, I'd give the 1-800 VA a call to get a copy.

You can also ask the phone VA Rep to see if they also show you at 100% P&T.

Also, you can ask for them to send you a VA benefits handbook.

If you go to the va dot gov website, you can also find out how the distinction is made between permanent and temporary, etc.

nwlivewire
 
Outty5000 said:
How does the VA determine if you are permanent and total is there anyway for me to tell by looking at my proposal letter? I am 100% VA proposed. I am anxious to know if I qualify for chapter 35 benefits for my daughter.
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My proposed ratings actually said I qualified for Ch 35 benefits due to being P&T. It doesn't sound like they rated you P&T for some reason, but ya never know, they might change it to P&T for your final rating.
 
Hawkeye99 said:
My proposed ratings actually said I qualified for Ch 35 benefits due to being P&T. It doesn't sound like they rated you P&T for some reason, but ya never know, they might change it to P&T for your final rating.
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I might add that I was initially given a 90% IU rating - if I recall correctly.

However, it finalized to 100% P&T as there was a math error on one of my issues (wrong percentage given and then corrected).

nwlivewire
 
Outty 5000,
To answer your question below:

"How does the VA determine if you are permanent and total is there anyway for me to tell by looking at my proposal letter? I am 100% VA proposed. I am anxious to know if I qualify for chapter 35 benefits for my daughter."

The proposed 100% and DEA verbose is buried in your rating proposed documents. Read it over one more time and look for language below. It's hard to find but it's on there:

***We are proposing that your total combined rating for unfitting and claimed service-connected disabilities is 100%. We do not add the individual percentages of each condition to determine your combined rating. We use a combined rating table that considers the effect from the most serious to the least serious disabilities.

****For purposes of entitlement to Department of Veterans Affairs (VA) benefits, it is proposed to grant basic eligibility to Dependents' Educational Assistance.

Remember this is a proposed ratings, but 99% of the time it sticks. When you get your final ratings after discharge, I was advised to always check if there is a P&T next to 100%. If it's not listed, then write back to DVA to get that added. Also do not say it is for DEA purposes as a reason , put down you were proposed at 100 P&T and a copy of your proposed ratings as supporting documents.

I'm still waiting on my VA final award letter as well. Ill let you know how mine goes

Good luck

T-man
 
T-man said:
Outty 5000,
To answer your question below:

"How does the VA determine if you are permanent and total is there anyway for me to tell by looking at my proposal letter? I am 100% VA proposed. I am anxious to know if I qualify for chapter 35 benefits for my daughter."

The proposed 100% and DEA verbose is buried in your rating proposed documents. Read it over one more time and look for language below. It's hard to find but it's on there:

***We are proposing that your total combined rating for unfitting and claimed service-connected disabilities is 100%. We do not add the individual percentages of each condition to determine your combined rating. We use a combined rating table that considers the effect from the most serious to the least serious disabilities.

****For purposes of entitlement to Department of Veterans Affairs (VA) benefits, it is proposed to grant basic eligibility to Dependents' Educational Assistance.

Remember this is a proposed ratings, but 99% of the time it sticks. When you get your final ratings after discharge, I was advised to always check if there is a P&T next to 100%. If it's not listed, then write back to DVA to get that added. Also do not say it is for DEA purposes as a reason , put down you were proposed at 100 P&T and a copy of your proposed ratings as supporting documents.

I'm still waiting on my VA final award letter as well. Ill let you know how mine goes

Good luck

T-man
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Thanks...I do not see this language in my letter. I will check with the VA/MSC on Tuesday morning.
 
FYI, my lawyer told me some good news and bad news. Apparently the SSA docs all agree that I am totally disabled, however, SSA is saying that they cannot pay me disability benefits while receiving pay from military (only after mil pay stops and VA disability kicks in). I've been medically retired since 29 Oct 2014.

From what I have read before, SSA can, in fact, pay disability benefits while receiving mil pay. Does anyone know what the truth is or if the SSDI regs/policies changed recently?
 
Hawkeye99 said:
FYI, my lawyer told me some good news and bad news. Apparently the SSA docs all agree that I am totally disabled, however, SSA is saying that they cannot pay me disability benefits while receiving pay from military (only after mil pay stops and VA disability kicks in). I've been medically retired since 29 Oct 2014.

From what I have read before, SSA can, in fact, pay disability benefits while receiving mil pay. Does anyone know what the truth is or if the SSDI regs/policies changed recently?
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I'm no expert, but I think that you (or your attorney) need to speak to the person at your SSA office that handles Wounded Warrior cases. My memory is a bit foggy now, but I know that there is a difference in the programs. One is based on income and assets, the other is not (which is where the ww program lies).
 
You probably already know of this page, but I just looked it up and noted that it says 'Starting March, 2014' and specifically states 100% P&T as being eligible. This is different from when we went through the SSDI process while he was still AD in 2013. I don't know what exactly changed, but it seems something did.

http://www.ssa.gov/people/veterans/#ht=1

In any case, I'm sure you know there are plenty of people here that receive DOD, VA AND SSDI. My husband is one of them, so I know for a fact that DoD retirement pay is not a basis for being ineligible for SSDI.
 
Copy, thanks. I'm only receiving VA, no retired mil pay since under 20 years.
From what I've read here before, the mil pay doesn't matter as long as the member was unable to do substantial work (i.e. duties required by AFSC, MOS, etc.). I'm not sure what the rules are and/or what SSA is looking for as far as what "substantial work" is.
 
Hawkeye99 said:
Copy, thanks. I'm only receiving VA, no retired mil pay since under 20 years.
From what I've read here before, the mil pay doesn't matter as long as the member was unable to do substantial work (i.e. duties required by AFSC, MOS, etc.). I'm not sure what the rules are and/or what SSA is looking for as far as what "substantial work" is.
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You've got to double check to be sure that they are using the WW channel. Unless there is something *really* unusual about your case, that is the most likely problem. I know that we didn't get approved until we went to the SSA office to meet with a caseworker because the online application still wasn't treated as ww even though we clearly submitted it as such. We didn't use a lawyer and were approved just based on that face to face application with the SSA cw. I'm not sure why you've opted for a lawyer, but even with a lawyer it might behoove you to make an appointment to talk with SSA at your local office.
 
triedandfailed said:
You've got to double check to be sure that they are using the WW channel. Unless there is something *really* unusual about your case, that is the most likely problem. I know that we didn't get approved until we went to the SSA office to meet with a caseworker because the online application still wasn't treated as ww even though we clearly submitted it as such. We didn't use a lawyer and were approved just based on that face to face application with the SSA cw. I'm not sure why you've opted for a lawyer, but even with a lawyer it might behoove you to make an appointment to talk with SSA at your local office.
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Well, I was initially denied without a lawyer, so I got one. If SSA rules that they will not pay ssdi before retirement/VA kicked in, not only will I be out backpay, but the lawyer will probably not get paid much if anything. At least, he now has motivation to get this figured out, lol.

I think they are processing it under the WW, because I've put it on everything involved along the way and my appeal hearing was scheduled a lot quicker than others (according to the lawyer). I guess, I will find out at the hearing. It is scheduled for 29 April.
 
Well, that's only a couple of weeks. I know, that's like forever when you want to know already!!! But, it's not that long, really. Do you happen to have any correspondence from SSA that you could give exact quotes from so that someone can wrap their mind around what their actual statements are?

Like, your denial letter - what reason did they give for denial and was that reasoning wrong or did you just not have enough evidence?
 
I want to say: I am not likely to have many if any answers for you, but I don't mind talking it through with you. I know that helps me to focus on what is actually transpiring rather than being all over the place thinking of every possible thing that MIGHT happen :)
 
Is it possible that what they are saying is that they won't pay until your VA claim is finalized?

Is your SSDI claim based solely on your SC condition? Did they do their own exams or just review your VA medical file?(I'm just presuming you went through IDES because of the retirement date)
 
This is the reason they gave me for denial: "We have determined that your condition is not severe enough to keep you from working."

Not sure how/why they changed their minds, but I'm glad they did. Or at least that is what my lawyer is telling me. Hope he is correct!

According to my lawyer, someone with SSA told him that they can't pay bennies until milpay has stopped. My lawyer disagreed with them, but he says he is going to do some more research. I'm hoping it was just someone mis-speaking and it is less severe. The hearing is only 8 days away, so I'm just going to play it out and I'll know a lot more soon.
 
triedandfailed said:
Is it possible that what they are saying is that they won't pay until your VA claim is finalized?

Is your SSDI claim based solely on your SC condition? Did they do their own exams or just review your VA medical file?(I'm just presuming you went through IDES because of the retirement date)
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Oh, forgot. It is based a few different SC conditions. SSA didn't do any exams, went off of my records. SSA claimed that they did not receive the records I sent them, even though my case mgr told me she received them. Apparently, they accepted them when my lawyer sent them. Funny how that works...
 
If you are P&T, IU would be a step backward. VA and SS have different standards. The law for both the VA and SS standards are online. I suggest you read the law and think about the law as you apply. MY "Wounded Warrior" application was completed in 88 days.
 
Hawkeye99 said:
This is the reason they gave me for denial: "We have determined that your condition is not severe enough to keep you from working."

Not sure how/why they changed their minds, but I'm glad they did. Or at least that is what my lawyer is telling me. Hope he is correct!

According to my lawyer, someone with SSA told him that they can't pay bennies until milpay has stopped. My lawyer disagreed with them, but he says he is going to do some more research. I'm hoping it was just someone mis-speaking and it is less severe. The hearing is only 8 days away, so I'm just going to play it out and I'll know a lot more soon.
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Below is the CFR addressing concurrent military pay and SSDI pay. Receipt of military pay is not an immediate bar to receiving SSDI benefits. It is treated similarly to shelter pay. The main factor is not receipt of pay, but reason for pay; i.e. being paid while no longer working in your MOS, etc. or still working in your military capacity (substantial gainful activity).
http://www.ssa.gov/OP_Home/cfr20/404/404-1574.htm
 
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