SSDI

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Rory
Posted
Posted

AlwasyRt, you are correct on what you said but with a little difference. In order for my employer to separate me for the disability I ask for Reasonable Accommodation  ( I am on) if that does not assist me in maintaining viable employment (I am having issues) with out causing an undue hardship for either me or the Agency. Then the HR with help from EEOC look to place me in a new job/classification which I can operate within my Disability. ( that is my next step) at the same time I am required to apply for disability through HR ( typical time frame is 9-12 mo). If not placed then I am removed from federal service for medical, I will need to take that information to the VA showing my service connected disability is preventing me from employment. Now all required paperwork is in motion. The SSDI will be denied due to making more than 1230 (ish) a month for the past 12 months but the work disability will be 60% of my monthly gross for the first year them 40% forward, then the VA should  (key word) convert me to unemployable. Leaving me 12 months to follow up with the SS.

I am currently the Labor Union President where I work, I have assisted a number of people with this exact process, I was always hoping I would never have to go through it myself because of the lag (red tape) time frame but now it seems my issues are dictating that I need to go through it.

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AlwaysRt
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Posted
1 hour ago, Rory said:

The SSDI will be denied due to making more than 1230 (ish) a month for the past 12 months

If you are removed from active service your earned income will be zero (disability income is not counted - except for Supplemental SSI claims.) 

 

2 hours ago, Rory said:

then the VA should  (key word) convert me to unemployable

not automatic, you have to file a claim, but it is logical that your claim would be approved.

Some things are not logical though. I know a few people who are VA 100% IU at the P&T level (Permanent and Total) but were denied SSDI. While VA disability is calculated completely different than SSDI, VA IU (Individual Unemployability) and SSDI should be basically the same (are you prevented from finding gainful employment in your field due to your disability).

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Rory
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That is where I am at now with the Dept of the Army where I work as a 16T. If they cannot place me in a position that meets my "core" duties then I possibly will be let go for inability to preform.

 

The SSDI looks at your last 12 months of income not from date of separation. I currently make just north of 30 an hr. so I exceed the monthly min to obtain at first removal. The kicker is if I achieve dissy from my employer atyou current pay the initial 60% is income that will be used as a factor for SSDI.  So I may be unable to file until 24 months plus from date of 1st payment at the 60%. 

Because so many different planets need to align just right timing is key and solid factual knowledge is the best coarse I have in my favor. That is why I had asked if SSDI could be paid while there, if not I would still apply and get some candles and a Nino and start to pray.

Currently with deductions with the VA and possible 40% base line from employer as best figured I am looking at 2700 a month and 1200 would be taxable ( low balling myself). So I am trying to budget 1800-2000 as a fair and reliable income for a monthird while there.

Any thoughts? If any other angles I do not see please advise.

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AlwaysRt
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3 hours ago, Rory said:

Currently with deductions with the VA and possible 40% base line from employer as best figured I am looking at 2700 a month and 1200 would be taxable ( low balling myself). So I am trying to budget 1800-2000 as a fair and reliable income for a monthird while there.

Any thoughts? If any other angles I do not see please advise.

I am a bit confused with your numbers. You said you are currently rated 90% VA are married with 2 children. That is $2,067 per month tax free which is just over the high side of the budget you are looking at all by itself. Plus your FERS disability check of $1,200? Why would that be taxable? Getting moved to FERS disability puts you at a good chance of VA IU 100% rating which in your case would be $3,268/month tax free, plus FERS disability, plus a shot at SSDI. 

For your budget, my wife and I do not have kids (so far) and we spend p60,000 (about $1,300 at the current exchange rate) per month on the high side, including visa extensions for me and an average p25,000 for rent and utilities (many quote a budget that as home owners does not include rent). Looks to me like you should be good to go.

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Rory
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I want to clarify when put out the Military bought out my last 4 years now I am paying back the buy out taking me down to 1580 from 2000 plus.... the disability from the DOD is considered a retirement benefits and is taxable from what I have read and spoken to people who are receiving. So a if I get IU DFAS will recalculate to the pay off, so I leave it at a minimum of my current 1580 and add in the 1200 for the 40% from the job. So I am shorting my numbers to make darn sure I can clear enough so i am able to make the move

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Nephi
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Posted (edited)
17 hours ago, Rory said:

I am 90 % disabled from the Military and currently a Government employee but my service connected disability is having several effects on my current employment. From what the HR office has said and I have researched. I would be moved to 100% VA, 40% of my annual gross from my current employer and eligible for SSGT Disability which at my current pay is just over 1200 USA. Bringing my possible net monthly between 4000-5000 USD. As best as I can figure but I will not be dissatisfied with anything over 2800 USD. That is why I am asking, I want to make sure I can extract as much as possible to sustain an easy life for my family.  I am 41yo. and would greatly appreciate any advice anyone could offer. Particularly in school tuition in the Talamban area of Cebu my son is 10 and daughter is 2.

Although the Social Security offices there at home are good, they deal primarily with people that are in the States and that are remaining there. Often times that puts you at a disadvantage in getting needed information for living outside the US. For that reason, email Social Security at the US Embassy in Manila. They deal with this and other issues on a daily basis and will have all the info as well as other suggestions etc. I have delt with them here in the islands for several years and have nothing but the highest praise for their workers.

 

Nephi

Edited by Nephi
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Rory
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Posted

NEPHI,

 I will be able to file for the SSDI there once I am there? How is the process, lengthy of course but how many obstacles are on the course?

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Nephi
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Posted
4 hours ago, Rory said:

NEPHI,

 I will be able to file for the SSDI there once I am there? How is the process, lengthy of course but how many obstacles are on the course?

These are things I do not have an answer to and you need factual information. Again, the best course of action is to email the embassy at the link I provided. They should have the answers you need.

I do know that SSDI is receivable while living here. However I don't know if they will direct deposit to a local Philippine bank like SS or if you must maintain a US bank account. Be sure to get accurate information from the right government source. Answers provided here or in any expat site are opinion and may not be fact. It pays to be sure to avoid financial suicide.

 

Regards

Nephi

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chris49
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Posted
19 hours ago, Rory said:

NEPHI,

 I will be able to file for the SSDI there once I am there? How is the process, lengthy of course but how many obstacles are on the course?

No don't do that. It is lengthy and there's only one VA office in the Philippines. With a clinic. They do not take emergencies and there is up to 6 months wait for an appointment. I will point you in a minute to the Veteran's in Philippines FB site where you can ask those questions.

A vet has died of end stage diabetes and renal failure while waiting for an appointment. He probably would have died anyway, but there's a pretty big outcry about it here. This guy had been denied disability way back and just couldn't get his claim attended to here.

Try this one. I am an Aussie but I am a USAF Vet (try to figure that one out)

https://www.facebook.com/groups/usmilitarypinoy/

If you join this site you put up your questions there. It's for US Vets only so the Moderator (Kent Farnham) will approve your request initially.

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  • 3 weeks later...
WordsandMusic
Posted
Posted
On August 15, 2016 at 11:47 PM, AlwaysRt said:

These are 3 completely separate things which have absolutely nothing to do with each other. The HR department has as much pull with the VA and Social Security as the 7-11 clerk down the street. I see your best bet to get where you want to be is:

1)Get help from HR getting FERS disability http://www.fers-disability-retirement.com/opm-disability-retirement/

2)Use that as a reason to concurrently file for SSDI

3)and as a reason also to apply for VA Individual Unemployability http://www.benefits.va.gov/COMPENSATION/claims-special-individual_unemployability.asp

The amount of FERS benefit depends on items specific to you like years worked and pay. HR can tell you what this benefit would be as well as how long before the benefit will start (much sooner that the other two).

SSDI success may be increased with getting a Social Security Attorney (usually as a percentage of your back pay when finally approved, no money out of pocket). Will probably take over a year for a decision. SSDI benefit is specific to your earnings, SSA will tell you the amount you qualify for.

VA success may be improved with the assistance of a service organization service officer (VFW or DAV for example). Not sure what the current decision timeframe is, time varies depending on VA region also. You have two routes to take here, trying to get your percentage upgraded to 100%, trying for Individual Unemployability upgrade to 100%. Unless something has changed to justify being raised to 100%, using being disability retired to get IU seems a better chance of success. Current 100% rate, married with 2 children is about $3,268/month

You are right on all accounts. Great Advice. Been there done that.

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