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Your age and TDIU

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Carl the Engineer

Question

Ok, I pretty much got SSDI understood regards age, etc. but, 

If one has a service connected disability(s) that prevents them from doing thier current job or what he did before for his entire life and of course is not working,  What ages are considered, if any.

Is age 20?

Is age 50?

And how about 55?  Me, next year.

Really not for me because I currently dont meet the requirements and I am employed.  However, may be unqualified for work in a year or too because of a couple different medical maledies.  Just looking for examples were age mattered.

Thanks,

Hamslice

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I will be 60 next month, have 70% SC rating effective Jan. 2015, additionally ratings from two state agencies saying it is permanent.  

         - am I exempt from further VA ratings exams?
         - can I apply for 100% TDIU at 65 and is this assumed to be automatic at that age

I am currently employed as temp computer contractor which could end at any time and have to assume that this will be the last job I will get in this field.  I read on this forum that it was best to continue going to see the VA psych so that you would not turn up on the radar as a target for a scheduled P & C exam but stopped because he was doing things like keeping me waiting 50 minutes for a one hour appointment and then limiting it to a quick and pointless 10 minutes.  

 

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I got TDIU P&T at age 50, I am 63 now.

service connected at 50%before that. for hearing loss

The MH Doc's this year noted I had a diagnose for depression back in 1998..so I'm working on that if I get approved for ptsd/depression  and see when they may give me a EED? probably from when I first filed for the PTSD/Depression?  if I get awarded?

 

...Buck

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  • Founder

This GAO report discusses possible age determinations for Unemployability

GAO identified various options for revising eligibility requirements and the structure of the Individual Unemployability benefit.

Six options focus on eligibility requirements, such as considering additional criteria when determining unemployability and applying an age cap of 65. The seventh option would change the benefit structure by reducing payments as beneficiaries earn income in excess of the poverty threshold.

 

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This GAO report discusses possible age determinations for Unemployability

GAO identified various options for revising eligibility requirements and the structure of the Individual Unemployability benefit.

Six options focus on eligibility requirements, such as considering additional criteria when determining unemployability and applying an age cap of 65. The seventh option would change the benefit structure by reducing payments as beneficiaries earn income in excess of the poverty threshold.

 

Get it while you can.  Maybe you will be grandfathered if and when they change the rules.....

Cant go back after they change the rules.

Rule changers!!!

Hamslice

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So, as of now in 50% Scheduler Rated.

My Lawyer's Case Manager swears up down left and right that i will receive 70%Sched, 100TDIU and T&P

I am only 33 years old.

Here's some info:

I have been out for 16 years.

Grand total of earnings BEFORE TAXES, $116K

Averaged out by 16 years, 7,625.50 a year. Only 4 of those 16 years in total did i breach the Poverty Line.

2 years were 0, you know, while i was homeless

I have attended and droped out of College 2x

I have Vocational Skill training as a Phlebotomist 2

I unfortunately also have drug and assault charges, misdemeanors yes, but hospitals wont even give a "criminal" a interview.

So we shall see, Age is not something they are Currently using as a basis for TDIU, but always remember! Every claim no matter what percent should have a "Infered" claim to TDIU, in both Chapters  A) AND B) of the regulations concerning TDIU, so ALWAYS file a NOD upon receiving your Bennies Award Letter!!!

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Keep your eyes pealed for the old "Sedentary Work," Hook.

It's fairly common knowledge that any type of Felony conviction and some misdemeanors, limits the type of employment that a person qualifies for. I trust your Attorney has obtained Credentialed Employment Specialists reports, indicating that your SC condition alone, not your Felony Convictions, precludes you from doing "ANY" type of Sedentary employment that would provide a weekly income of about $238.00.

Being unemployed or underemployed won't get the IU. Take another look at the VA Regs regarding eligibility to file for IU. Do you qualify currently to file for IU, with a 50% SC?

Semper Fi

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