tdiu Individual Unemployability

[Armand]

Is there anyone out there that is getting BOTH Individual Unemployability and Disability Retirement from the federal government? If so, please contact me.

Armand

[Armand]

I have seen a few (3 or 4) cases where veterans did get both, so I "think" you can. If you want I will try to look up the governing regs...

I researched it and found the provisions in Title 38, Pensions, Bonuses, and Veterans' Relief. Chapter 1 - Department of Veterans Affairs part 3, Adjudication paragraph 3.710, Civil Service Annuitants.

§ 3.710 Civil service annuitants.

Department of Veterans Affairs benefits

may be paid concurrently with

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319

Department of Veterans Affairs § 3.714

civil service retirement benefits. However,

payments will be considered income

as provided in § 3.262 (e) and (h).

[29 FR 15208, Nov. 11, 1964]

This is what I was basing my opinion on. As John999 indicated, both can be collected. However, I have been struggling with these bastards for over a year. I know the VA is thinking I'm receiving Injury Compensation. Then, trying to talk to a service representative at the DAV in Cleveland is like trying to get an audience with the Pope. Thanks for your input, I appreciate it.

[Wings]

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Yes, you can have both TDIU and OPM retirement - as long as your total additional/other income does not exceed the poverty threshold established by Congress.

Also, a Claim for TDIU should not precede actual unemployability due to SC disability.

[john999]

You can actually get workers compensation and TDIU if it is not for the same injury. For instance, if your SC disability is depression but your workers compensation injury is a back injury you can get both at the same time. You most definitely can get OPM and TDIU at the same time since I get OPM, SSDI and TDIU.

[Armand]

You can actually get workers compensation and TDIU if it is not for the same injury. For instance, if your SC disability is depression but your workers compensation injury is a back injury you can get both at the same time. You most definitely can get OPM and TDIU at the same time since I get OPM, SSDI and TDIU.

Yes, that's correct. You must have been under FERS retirement. I cannot get SSDI because I was under CSRS.

[Pete53]

I don't like this not being able to get something you earned by hard work.

[Mantooth]

john999-

I have seen cases where a vet was denied TDIU because he was already out of work due to an issue that was not service-connected. Example, I saw a case where a vet with 70% depression applied for IU, but he had previously went out on disability from his job for a back condition. VA said that the NSC back condition made him unemployable, not the SC depression.