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Tdiu


gunner

Question

I am a Vietnam Vet and am rated at a total of 90%.I was rated at 50% for PTSD until recently when I was sent in for a review by a QTC examination and was increased to 70% for PTSD.My Doctors at the VA keep telling me that I should request 100% unemployable and they would back me up 100%.My concern is that I work for the Army as a civilian worker and have for the last 12 years.What will happen to me with regards to my retirement with the federal service?What happens to my status etc.I am concerned about my retirment.If you have any info or help please address this subject.I'm really worried about this situation. Thanks.

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  • HadIt.com Elder

Well you can't get TDIU if you have a job and are able to work. When you retire you should be able to get TDIU as well as retirement although there are others here who know a lot more about Federal Service and VA Disability.

I get Social Security and VA Disability.

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I retired from the civil service in 2006 andwas awarded 40% disability from the VA in Feb 08.It hasen't affected my retirement. I don't believe you have anyhing to worry about. By all means go for the 100%. Hope this helps and thanks for your service.

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  • HadIt.com Elder

You need to apply for disability retirement and get approved. Then apply for TDIU. I was a postal worker and that is how I did it. You just have to get by on the small OPM pension until you can get SSDI and TDIU.

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When you say you are worried about your retirement do you mean you want to stay another 8 years and retire or will the TDIU affect your federal retirement pay?

If you want to stay and retire then simply do not apply for TDIU. However, as John said you can apply for Federal Disability then TDIU at which point you will draw both without any offset. The only offset will be SSDI.

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Ok... I am medically retired from Federal civil service..for disability retirement you do not have to work a minimun number of years.

First just asking for disability retirement is not going to cut it. You must have proof that you can not do your job, just because a doctor says you cannot do the job is not enought. You will need to show use of sick time and medical problems that actually prevent you from doing your job.

For example, part of my job was to climb ladders, but because of a back injury I could no longer climb ladders, I also had a history of being out of work becaue of my back, and finally my doctors indicated that I could no longer climb stars. My back injury was a result of military service, and had gotten worse over time.

Once I was told I could no longer climb stairs, I could not do my job. My shop was in the basement, and I had to climb stairs to get to my customers. I requested disability retirement with the understanding that the Government could offer me any job that I could do, in fact the laws states that the personnal office must look for a job to offer to you before your request for retirement is considered. If they cannot find another job for you then they will consider your request for retirement. You will then need to provide medical evidence of your problem, and in some cases you will still be required to under go examination by a doctor of their choice.

After the review of medical evidence and examinations you can still be refused medical retiremnt. If you are medically retired you will also be required to file for Social security disability. If you receive social security, you federal retirement will be reduced by 60% for the first year and 40% a year thereafter. If you are denied social security disability initially ( and is is likey that you would be) then you will have to appeal, and once you do get SSD you will have to take a very large part of any back pay and repay the civil service retirement that you would not have been entitled to if you were awarded SSD initially.

Hope this answers yoru question

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