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

[Guest jstacy]

Lee, I would definatly seek an attorney. There is a maximum percentage allowed set by law for SSA attorneys to charge. In retrospect, I would file an appeal through a good disability attorney. Usually thats what it takes to motivate SSA. Your case sounds like it should be automatic but I have seen SSA turn down terminal cancer patients before so anytihing is possible. Remember your still dealing with the Government red tape. Also remember 60 percent of all SSA claims are denied.