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Clarification Please


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My VA doctor has recommended unimployability. I am still working but I need to know if I can file for UI while working. I don't want to be homeless again. I'M 62, 80% with spouse and 17y/o son at home. Anyone with advice out there? Does 80% =100% when unimployable? My SO is too busy to bug very often, a great guy but maybe someone here has the answer. He is also urging me to file UI.

You are appreciated.

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  • HadIt.com Elder

it's the old catchh 22 if you are working then you are not unemployable, it's kind of like the people that want to file for social security disability but want to keep working until it's approved, as long as you are working you can't get it approved.

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My concern is a lapse in income. A SO advised me to give my employer a 90 day notice then file for unimployability with a given date. The VA doc has the recommendation in the computer already. Hopefully SSD would follow soon.

Thanks for your reply

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  • HadIt.com Elder

You need to be sure that all the evidence points the fact that you are unemployable due only to your SC condition. The VA will try and say that although you are indeed unemployable it is for non SC conditions.

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It helped in my case to get a letter from my employer that I had been put on medical leave due to illness (that was my s/c condition). My TDIU was approved within weeks. I also made my appointment with soc sec while I was still employed but was on medical leave by the time of my appointment. SSDI also backed dated my claim becaue I had used so many sick days prior to leave. They can back date you six months and count it as part of a trial work period if you have missed alot of work. So all in all I was approved for SSDI in 3 weeks and TDIU in 2 weeks but I had to jump through alot of hoops like bringing in my own certifed medical records to social security and providng alot of information about my medical leave for TDIU. I was still out of a pay check for a few months before everything was setup. So you will need some savings.

Good Luck

SE :P

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Check with your employer. Do they have a benefit of a Long term disability insurance plan. The Doc says to quit working. IF your employer has LTD, then you can go out on Medical disability. The VA doctor who says you cannot continue to work will need to fill out the required forms. This is just a suggestion but if it is the case you will have income coming in.

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Thanks for your reply. Yes Fed Civil Service has a disability plan but it is not desirable. Not a good deal.

I'll take the VA/UI and SSD. I hope I have good advice from my VA doc and DAV SO.

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Check with your employer. Do they have a benefit of a Long term disability insurance plan. The Doc says to quit working. IF your employer has LTD, then you can go out on Medical disability. The VA doctor who says you cannot continue to work will need to fill out the required forms. This is just a suggestion but if it is the case you will have income coming in.

Thanks, good thoughts to consider.

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