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Should I Apply For Tdiu

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Guest allison

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I’m 60% SC for ruptured sphincter muscle and 50% SC for mood disorder with a combined of 90%, I’m currently working but, having a difficult time, I want to put in for IU but I’m afraid to quit my job, I need my income with a family of 8, any suggestions? I’m willing to listen.

Thanks,

Allison

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I have not checked out Social Security as of yet, and I will, my company is private.

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Allison,CHeck out the companies benedfits anyway. There may not be a time limit/ Allot of companies offer bith short term and long term insurance through big companies like prudential. I was a salaried employee and I am drawing 60 percent of my earnings and I keep my insurance. I have filed for total through the VA because of service connected conditions. I will win in the long run. I dont know how the disability effects the military retirement, I do know it offsets SSA. But it does not offset the VA compensation. ( You can draw both with no penalties)

Just an IDea

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Allison,CHeck out the companies benedfits anyway. There may not be a time limit/ Allot of companies offer bith short term and long term insurance through big companies like prudential. I was a salaried employee and I am drawing 60 percent of my earnings and I keep my insurance. I have filed for total through the VA because of service connected conditions. I will win in the long run. I dont know how the disability effects the military retirement, I do know it offsets SSA. But it does not offset the VA compensation. ( You can draw both with no penalties)

Just an IDea

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If you plan to leave your job, it is also best that your employers is in agreement with you. If they agree with you that your disabilities are hampering your ability to do you job, then it would be best if you are layed off with you agreeing with their assessment that you are physically and mentaly unabled to do the work for which you were hired for.

Not all employers are willing to do this, because of they may feel they are leaving themselves open to a discrimination lawsuit. Your willingness to sign a no contest statement may help if they are a bit shy about helping you out.

The letter must point out your job duties and how your work has been affected, their by giving reason and basis for their decision to lay you off.

I would cirtainly check with Social Security to check whether or not you have enough credits to receive SSDI. That way you will not have to worry about any offset with your VA disability check and your children would qualify for a percentage of your SSDI amount.

If you do not have the credits for SSDI, I would certainly think about working if possible until such time that you have. The extra money from SSDI could verywell spell an easier transition, bhile at the same time fighting the VA for TDIU. Then if they do award you TDIU, they must consider the Date that you Qualified for SSDI as the date of TDIU.

Either way, you will have to stop working before you can apply for either or you may not be considered unemployable.

Jim S.

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Allison,

Did you retire from the army after 20yrs of service? If so, have you filed for concurrent receipt? If not, I would quit the job, if possible, and work on SS/TDIU, but be sure to get some strong evidence from a couple of IMOs saying you are not able to work and that further work would worsen your condition...if you go into this saying, "I quit my job because 'I' feel I can't work and that 'I' derserve TDIU as a result" you will be fighting a long uphill battle IMO.

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Allison, Dont quit your Job. IF you have a good personal physician or family doctor to evaluate your conditions closely. Tell the Doc that it is effecting your work. Ask him to put you off on disability. When he does that you have to take FMLA and after 12 weeks it converts to either std or ltd. The doc will have to fill out several forms. If you have a serious condition Like I do it will be fairly easy. Then you can concentrate on The VA getting IU. I think the Key point is working or not working. Also check into SSA. I Know it offsets LTD /STD / FERS but it does not offset VA comp.

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