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MajorPsych

Waiting For A Tdiu Decision After Deferral

Question

Hi all,

I'm looking for some more experienced eyes to look over my situation and give me some advice/observations. I'll try to be concise.

I left the service (honorably) in 2001; in 2002 I was initially granted 20% (10% Knee pain/10% Finger crush injury) retroactive to my last day of service but denied a claim for Bipolar due to being asymptomatic at that time. I was OK for about three years and then my Bipolar symptoms worsened; I sought VA psych treatment and applied for an increase in Nov. 2005 which was granted at an additional 30% (all disabilities totaling 40%).

I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months.

In September 2009 I began college. I had to drop a class due to my poor sleeping patterns, but I did manage to complete 10 credits with an A- average. I am currently enrolled for 7 credits in the Spring.

In October 2009, an increase was granted to 70% for the bipolar (with disabilities at 80% total) effectiive to the date of application (July 09), and a deferral on TDIU and it's effective date. It also said "the condition is expected to improve, and will require follow-up examinations at a later date". I had to fill out a form, and I cant remember the reg number, that aksed me to outline my past jobs and the period of time that I lost from work due to my illness. I submitted it in early October 2009.

In November, I didn't have a job so I applied for and was granted unemployment (at $1300 a month). My lawyer wasn't concerned about this; he said he would "argue those merits with the VA if he needed to".

On January 4th 2010, I'm due to touch base with my VA psychiatrist.

It's now Dec 20th, and I'm getting antsy. Due to the nature of my personality and my illness, I'm now running a hundred different scenarios in my head. My questions are these:

-How much longer till I get a decision (in the ballpark)?

-Do things look good for a TDIU determination? If so:

-When will the effective date likely be? July 2009, or January 2009 (when I was originally taken out of work)? Or earlier? Later?

-Do my unemployment payments affect this at all?

-How about going to school (I don't use VA Voc. Rehab; but I do use NY's equivalent service, VESID)

-If I do get TDIU, how long until I'll need to go back for that "reexamination"?

-How would a TDIU determination factor into my SSD claim, if at all? (I've recently hired Binder and Binder to handle that portion).

-What do I say to my psych doc in January, since I haven't seen him since August (I moved to attend school and need to reestablish)? That I'm ready to work (I'm not), or what?

I know this is alot to answer, but I'm driving myself nuts, and I'm looking to you all to help me regain my focus in this matter. I appreciate all that you do, and I'm really looking forward to your assessment of my situation. Thanks in advance.

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Welcome to Hadit. No need to figure out in advance what the VA is going to do.

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"I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months."

Would your VA psychiatrist be willing to state to the VA that you are still unemployable?

If SSA awards you for the same SC conditions -this is good evidence for the TDIU claim- and vice versa-

The "VA portion" ? you mean the lawyer is handling the TDIU claim?

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-How much longer till I get a decision (in the ballpark)?

"in the ballpark" = 12 - 48 months.

-Do things look good for a TDIU determination?

post-60-1261410720_thumb.jpg

If so:

-When will the effective date likely be? July 2009, or January 2009 (when I was originally taken out of work)? Or earlier? Later?

Chances are the earliest effective date (EED) would be

January 2009, the latest July 2009, or when the medical evidence

shows you you meet the criteria for IU.

-Do my unemployment payments affect this at all?

A to the point answer.

When you file for unemployment benefits - somewhere in the application

you have agreed that you are both ABLE and AVAILABLE for employment.

-How about going to school (I don't use VA Voc. Rehab; but I do use NY's equivalent service, VESID)

I did notice you were able to attend school on a full time basis,

both VBA and SSA will most likely notice this also.

-If I do get TDIU, how long until I'll need to go back for that "reexamination"?

If you are not granted your IU as P&T, a re-exam could be anywhere from

one to three to five years away.

The next sentence as everything else here is only my opinion

and Iam sure some opinions will differ from mine.

** VA MAY ALSO use Medical Evidence of record during your regular VAMC treatment

and progress notes.

-How would a TDIU determination factor into my SSD claim, if at all? (I've recently hired Binder and Binder to handle that portion).

SSA and VBA claims, can either help or harm one another.

VBA at 100 percent or IU is to only consider SC'd disabilities.

Most times if SSA is granted due to additional disabilities

that are not SC'd, VA will try to use the non-SC'd disabilities to

deny a claim for 100 percent or IU.

With SSA you are either totally disabled by their criteria or you are denied.

SSA does not grant SSD on partial disability - it's all or nothing at all.

I have been told by some,that Binder and Binder sucks.

-What do I say to my psych doc in January, since I haven't seen him since August (I moved to attend school and need to reestablish)? That I'm ready to work (I'm not), or what?

Tell your "psych doc" whatever they ask and what you'r concerns are.

jmho,

carlie

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"I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months."

Would your VA psychiatrist be willing to state to the VA that you are still unemployable?

If SSA awards you for the same SC conditions -this is good evidence for the TDIU claim- and vice versa-

The "VA portion" ? you mean the lawyer is handling the TDIU claim?

Yes, he's involved in the TDIU portion, as far as I know. He's planning on appealing for an eed if necessary (probably because he gets 20% of whatever back benefits he can secure for me).

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Thanks for the info. I feel like my Mother gave it to me for some reason, though....

I couldn't open up the crystal ball jpg, but I get the point.

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