tdiu TDIU Retro issue

[jfrei]

So I was awarded TDIU with SMC S on Nov 11. I was paid 90% on Dec 1 and Dec 30 for Jan. I was paid retro for Dec 30 on Jan. 12 for 1500. Not to sound greedy but am I not owed another 1500 dollars for Dec 1 since I was awarded it on Nov 11? I know my math isn't great but what am I missing I did this without an attorney so no payout to anyone.

[broncovet]

Its a common mistake.  The way VA benefits work is you are paid IN ARREARS, you dont get paid for "future" disabilities.  

So, here is how it works.  If your effective date is Nov. 11, then you are paid the first full month FOLLOWING.  VA does not "pro rate" your month.  So you dont get 11 days worth.  The first full month Following Nov. 11 begins on Jan. 1.   You dont get paid for December.  It happens to all of us.  

All this said, you want to look over that effective date with a fine tooth comb, and consider an appeal.  Let me see if I can explain a little. 

Ok, so you cant work and you apply for TDIU.  Eventually you finally get it, after a C and P exam.  

So, lets say your C an P exam was Nov. 11, and your doc says, "Yep, this Vet can not work, and its at least as likely as not due to his SC PTSD."  

So, VA regulations say your effective date is the later of the date you apply, or facts found which is the date the doc says you can no longer work.  

But wait just a minute here.  Think about this.  Did you become unemployable in the doctors office on Nov. 11?  No, you were already employable before that, and suffered through much.  The doctor should have stated something like, "the Veteran has not worked since xx date, and its at least as likely as not that is because he cant work because of his ptsd".  

Ok, then you have an effective date..the date you last worked, not your date of c and p exam.  

But the VA likes to use the c and p exam date, which is bogus.  You see, this suggests you went to the doctor's exam just fine.  You could work and were other wise healthy.  You do an exam, and "poof"...you can no longer work.  That is not the way it happens.  You already could not work..probably for months or years before the VA got around to giving you an exam.  

IN short you probably want to appeal the effective date, UNLESS you think that Nov 11 is when you could no longer work.  

[Gastone]

What about your Retro Deposit, and it's break-down? IU Awards usually carry significant Retro Awards, what was your IU Effective Date? The VA never adds Retro to reg monthly Comp Checks.

Just recently, Mid 01/16 I received a Retro Deposit from a 12/15 Quality Control Review of a 07/15 Denial Decision. Good for me right, but I didn't agree with the Effective date. I filed an FDC for an "Official EED CUE Review" 04/16, same day I got the Actual 12/15 Award Letter.

The CUE Retro Deposit hit 2 weeks before the CUE Award Letter arrived. end of 07/16.

Semper Fi

[Buck52]

I agree with broncovet & Gastone

As for as the EED, all what broncovet mention is true  you need a Dr to state that it is least likely as not you  stop working on so and so date  not the date the Dr renders his/her opinion .

Also I want to add this...if you had to stop working b/c of your S.C. Disability....go to the SSA office and request copy's of your work record  they will have a list  dates of all you paid in and how long you worked and it will show when you stopped paying taxes(date you show you last worked)  this will be good evidence to submit  and you can use this for your EED.

If I had went to the SSA office and got my work records back when I  was in Appeal for  INCREASE DECISION AND A PROPOSAL TO REDUCE I would have got 5 more years of retro  but back then I never knew about it  and they paid me from when I my Dr said I stopped working

Live & Learn 

[jfrei]

I get it now apparently the payments for IU are always for the prior month so may will be June 1st and so on. It was awarded on Nov so my back pay was for Dec. 1 and the one for Jan is on feb. it's confusing but whatever I am still getting paid feb 1. As far as ssi I'm not eligible but she said I could be for SSDI so I applied gave my rating current disability list my DD214. I have to go back with the offical letter for TDIU tomorrow I got it today but went their first without it. Does that even qualify me now? She said it could take 3 ,6. Or 9 months all depends. I thought veterans could get it expediated? I don't know how or who to ask?

Edited January 12, 2017 by jfrei

[jfrei]

6 hours ago, Gastone said:

What about your Retro Deposit, and it's break-down? IU Awards usually carry significant Retro Awards, what was your IU Effective Date? The VA never adds Retro to reg monthly Comp Checks.

Just recently, Mid 01/16 I received a Retro Deposit from a 12/15 Quality Control Review of a 07/15 Denial Decision. Good for me right, but I didn't agree with the Effective date. I filed an FDC for an "Official EED CUE Review" 04/16, same day I got the Actual 12/15 Award Letter.

The CUE Retro Deposit hit 2 weeks before the CUE Award Letter arrived. end of 07/16.

Semper Fi

My IU claim was completed on Nov 11 of last year I submitted it on 9/5/2016

[Carl the Engineer]

Under normal situations, you have to apply for SSDI within 5 years of leaving work.  So, get on it now.

Also, SSDI is different than VA in that its all or nothing.  You're either disabled or not.

And, don't be surprised, but most get denied at the first claim and the appeal, but win when it goes to a judge.  A lawyer helps at that level.

Its just the way it works.

But it doesn't work if you don't apply,

Hamslice