Got it! Thanks again for everything. Hopefully I can assist someone else in my situation.
One other thing the lady told me was something about “non-medical” and “medical” in that my medical records still have to be ordered and reviewed and possibly see their Doctors...Even “after” the judge were to rule in my favor? I thought as a WW that didn’t apply? This whole thing here has been nothing but a mess. Hoping to turn in around.
Indeed, no worries; you are quite welcome!
Good deal; I am certain he/she will truly appreciate any assistance if they have a similar situation.
Yes, a definite total mess unfortunately since a local SSA Field Office isn't familiar with the SSA Publication Number 05-10030 "Disability Benefits For Wounded Warriors" dated on January 2018 as attached! Also, I am attaching the SSA Publication Number 05-10041 "SSA - The Appeals Process" dated on January 2018 for your historical well-informed knowledge to be continually armed with sound insightful information.
In retrospect, an individual claimant will have to qualify
medically via the State office of Disability Determination Services (DDS) for Social Security Administration (SSA) disability benefits, but they will also have to meet the
non-medical qualifications (e.g., SSA program requirements) when applying for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
As such, one of the most important non-medical requirements needed to qualify for SSDI is that the individual claimant possess the appropriate number of work credits. The number of work credits an individual claimant need depends on their age as follows:
- Disabled before 24 years old: A claimant need six credits (1.5 years of work) in the three years prior to their disability
- Disabled between 24 and 30: A claimant need credits for half of the amount of time between when they turned 21 and when they became disabled. For example, if they’re 27, six years have passed since they turned 21 so they need work credits for three years; that's a total of 12 credits
- Disabled at 31 or older: A claimant need at least 20 credits over the last 10 years before their disability. For example, if they’re 43, they would need five years of work (that's 20 credits). The individual will often hear people say they need to have worked five of the last ten years also
Moreover, the non-medical requirements for SSDI and SSI generally have to do with income in the sense that a claimant cannot have earned income in excess of a limit known as SGA. SGA stands for substantial gainful activity and it basically means that while a person can work and file for (or receive) disability benefits, they cannot earn
over a certain limit each month.
Currently, for 2018, the SGA amount is $1180.00. Please keep in mind that the aforementioned SGA amount is a gross monthly earned income before taxes. Albeit, the SGA income amount is waved for Wounded Warriors serving in the U.S. Armed Forces; it's annotated in SSA Publication Number 05-10030 as "We count the actual work activity and not the amount of pay you receive, or your military duty status."
Whether or not an individual claimant is insured via the non-medical qualifications and able to receive SSDI (assuming that they also pass the medical requirements for disability via the State DDS) is determined at the start of the SSA disability claim process since the local SSA Field Office will need to know which program (e.g., SSDI or SSI) the individual's claim should be routed.
In short due to the very apparent error in the initial processing of your SSDI claim as a Wounded Warrior, I am hoping that the new local SSA Field Office in Texas will initiate another "reconsideration" appeal restarting at the lowest level
instead of forwarding your SSDI non-medical denial to the next appeal level with a "hearing by an administrative law judge" at that particular point in time.
With that all said, take care and please continue to proceed onwards until a favorable resolution is finally achieved via the SSA appeals process (if warranted)!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
