tdiu Ssdi Verses 60% With 100% Due To Iu

[Lee]

When my disability got worse, I was fired from employment. After a while of searching for employment, I reapplied for an increase to my disability. I was given 60% with Individual Unemployability (The VA states in the decision I cannot obtain substantial gainful employment due to my disability, and had to be constantly monitored). I also was awarded respite care (seperately) so my wife can pay bills and do other important things. After this I applied for SSDI and was denied because Social Security says I can work, even though the job they said I can do requires driving, whihc I have been told repeatedly by doctors (and it is in my medical report) not to do.

My disability (Narcolepsy) is rated based on Seizure disorder by the VA because there is no rating based on Narcolepsy, and it is the closest rating.

As both have the same basis for work (substantial gainful, although the earned money rate is different) how can one rate me as unemployable and another rate me as employable? I dont feel the money issues apply, because I recieve no money except my VA disability pension.

Also as seizure is listed on the SSDI list of medical conditions that autmatically rate you as disabled, and is therefore automatically disabling (according to: http://www.ssa.gov/dibplan/dqualify6.htm)at 1/8th the number of episodes I have, can I use this to help? Since the VA rates Narcolepsy based on seizure disabilities, could I use that to prove I was disabled and eligable for SSDI?

Lee

[Pete53]

You probably need a Lawyer who specializes in SSD to help you but you should get it.

[EO2DirtDog]

If I was you, I would get a SSA lawyer and file a reconsideration. I was 60 percent VA and lost my job due to my SC disabilities. I filed for SSD and was turned down initially. I found a SSA lawyer and we won on reconsideration. The lawyer got 25 percent of all back pay.

In my opinion, it was well worth the attorney.

Bob

[john999]

The SSA lawyer knows how to get your claim in shape to pass the standard set by the Judge. I did not need a lawyer to get my SSDI, but I would have certainly used one if I had gone into the appeals process. How I wish us vets could use lawyers like the SSA. Who needs a half-ass VSO if you can get someone who has real motivation to win your claim?

[Guest Jim S.]

I would at the very least, at this point in time, request a reconsider of your application for SSDI. Did you list all the medications and their side effects on your ability to do things. Have you been assesed for Depression associated with having Narcolepsy? I would get one as soon as possible and if they treat you with medication, then I would also list how they effect your every day activities and whether they should cause your Narcolepsy eppisodes to increase?

It may be in your best interest to get a lawyer who specializes with SSDI claims, but they usually take about 33% of what ever your claim award is for back pay and some have been know to drag out the claims process so that they can get paid more, even when it is shown that they did not deserve the money in regards to the amount of time they actually spent on the claim.

Just in a VA claim, it is best that you play a pro active role in the process and see that everything is proceding as it should and on a proper time table.

I would also point out that you can no longer legaly drive, operate any machinery, be around open flames or boiling liquids. Even taking public transportation to and from different location poses a risk of missing connections, should you have an episode. You could not even be given a semple job of sitting and watching a moniter without the risk of an episode and missing something important or life thretening on the moniter.

Besides, I would ask who would accept the liability risk of your self and others to the possibility of an injury during one of your episodes.

I would go to the Unemployment Office and disscuss with the VA representative as to what job you may qualify for, given the nature of your disability. I would ask if your disability is protected from discrimination given that you could pose a risk to the safety of others during an episode. If he aggrees with you, then ask that he put it in writing.

Another facter to consider, what is you schooling and backgroud, what is you most recent job and sence you were let go, were you given written reasons for your termination. Are you on good turns with you exemployer that he would write these reasons down for your use. I was lucky enough to have such an employer that he trusted me not to sue him. whcih never crossed my mind. I totaly agreed to the reasons, I only wish the VA would see it in the same lite.

Good luck, but don't give up or you will loose your effective date and will have to start all over again. You think it is hard getting an earlier efffective date from the VA, trying to get one from SSDI is next to empossible once the time limit has passed for an appeal.

Keep up the fight,

Jim S. :D

[SEJones]

Lee

Definately ask for reconsideration now. Be sure you complete all the forms with what you cannot do. It is not enough to just have a disability listed in the blue book. You must show how it effects you! So if you cannot drive, need to go to the doctor alot say so. Also don't assume that the SSA people know what the VA rating means. Spell it out for them. I found that the ones at my local office are not familar with TDIU. They may think that you are only 60% disabled and therefore don't meet the SSDI regs. So explain that the VA has found you 100% disabled.

Good Luck

SE

[john999]

SEJones

When I was applying for SSDI I was also getting Federal Workers Compensation. The SSA workers did not even know what I was talking about when I told them I was getting work comp as a former postal worker. The SSA workers are also federal employees and they did not even know about their own workers compensation system. You have to explain things to them just like with a 6 year old.....very slowly and repeat yourself if they seem to zone out.