tdiu Tdiu Advice Request

[cowgirl]

How does a IMO describe years of 'unemployability' due to mdd? My thoughts go something like this...

" In my determination, this patient xxxxx is currently diagnosed with xxxxx. .....a VA rated condition of ....that permanently affects ,,,,, ability in getting and maintaining a job in their skill field that provides constant pay, above poverty level.The patient has been diagnosed with ------- since 19__ and continues to see me for this condition"

Any other thoughts? thanks.cg

[cowgirl]

Oh I see, so if the SC is rated 40% or above already, then the doc and I should treat this like a concrete diagnostic statement clarifying unemployment. Like, "xxxxx isnt able to obtain constant SGA work due to SC mdd and these are the 'causes' or 'reasons' .or 'problems' that affect..."?? cg

A least as likely as not will work for the VA raters. The 50 percent puts the claim in Equipose and the Benefit of the doubt rule should Kick in. As long as there is no negative evidence

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[Ricky]

As stated below stay away from statements like this: "ability in getting and maintaining a job in their skill field that provides constant pay". The response to this type of statement would be "although it has been determined that you probably can not obtain gainful employment in your current skills and abilities, you are not precluded from obtaining other gainful employment". Don't be like the kangroo court (CAVC) and tell them how to write their denial which meets the requirements of the law. JMHO

[cowgirl]

er, Ricky thanks I was debating if I needed to put Mos historical data in that doesnt transfer to civilian workforce; got that on a skills transfer form when outprocessed. Few years ago surprised voc rehab person, to see a job skills non-transferable statement, ha. I will keepitsimple and go for diagnosis effects and add my simple statement," I am unable to work and gain substantial fulltime gainful....and let doc explain disability effect on my employment, or lackthereof. nothing more at this time. thank you very much, cg

As stated below stay away from statements like this: "ability in getting and maintaining a job in their skill field that provides constant pay". The response to this type of statement would be "although it has been determined that you probably can not obtain gainful employment in your current skills and abilities, you are not precluded from obtaining other gainful employment". Don't be like the kangroo court (CAVC) and tell them how to write their denial which meets the requirements of the law. JMHO

[Pete53]

Wings:

Great Post!!!!

[cowgirl]

B) Submitted my unemployment history info to doc for opinion letter. Sounded like easy letter to write, nope. Tried to present for my facts, SGA, SC conditions adding 'I feel' statements and numbers proof. Will double check when I get it reads 'is due to' or 'more likely than not'. Right about now, I am nervous for me and praying for the doc,cg

Edited December 15, 2007 by cowgirl

[john999]

If your doctor writes the IU statement to the standard of SSA that would be strong enough I think. What you want to say is that you cannot do any work at all solely due to your SC condition.