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TDIU and SSDI

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Bmanmax

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I will explain what happen to me while on P&T TDIU. I applied for SSDI and had to go to the judge for a ruling. Before entering the court room, I asked lady working the desk if TDIU rating be used in a SSDI claim. I was told no because VA has a different system then them. I was ready to argue that my VA rating of P&T TDIU should be used as medical evidence to determine if my combined disabilities are sever enough to qualify me for SSDI. I also was going to argue that VA Doctors do not determine if you are too disabled to work because VA have a separate system to evaluate who is unemployable due to combined SC disability called TDIU.

Having no lawyer, I went before the judge to argue my case. The judge starting asking about my medications so I explained what my life was like without them and what it was like with them. After the 2nd medication of 5 he stopped me saying he heard enough and ruled totally in favor of my SSDI claim. In his ruling he stated that no one disability qualifies me but my combined disabilities do qualify me. Just before leaving the court room. I explained how I believed that my P&T TDIU should be use to help qualify me for SSDI in my combined disability case. In his ruling he use it as supporting evidence to help justify my SSDI claim. This means that he agreed that VA has a separate system to determine if someone cannot work due to service connected disabilities and VA Doctors do not determine if someone cannot work because of said rating system. P&T TDIU can help with your SSDI claim if you have no doctor's letter saying you cannot work. I hope this information can help others get SSDI they paid for. Keep in mind every case is different and I am not a lawyer. Taking our case before an appellate court judge maybe worth it.

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  • HadIt.com Elder

Congratulations! SSDI is a significant award!

While the VA or SSA does not award solely based on the existence of the  "other's" award, it can be significant in court as positive evidence.

Remember that the VA supposedly must follow rules that favor the veteran. There is also another side to the story.

What would happen in a "real" court that is asked to resolve a disagreement between two federal agencies, when ether's

determination of disability is recognized by the court as a legal definition of disability?

 

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