tdiu How Long Is Tdiu P/t Last?

[Rockytop]

Hello good folks I posted eariler but it never showed up? hope this one does?

How long does a 100%rating of tdiu pt last? age 63 or 65? or til you die?

and if your combined rating is 60% do you still recieve the tdiu after you turn say 63?65? based on your over all combined rating?

I was raised from 50%to 90% to get tdiu with a 10% rating of tittus. they say my over all rating is 60 %?

but was awarded the 100%rate with p/t curently on tdiu.

I am worried about this because I'm getting ready to turn 63 and if its redused I'll be a in big trouble making house payments ect,,ect, or making ends meet, wife is disable also but can't get SS.

[john999]

The thing about TDIU is that is is compensation for what you have lost. You might be a person who wants to work until the day they die, but because of your illness/ or injury in service you are unable to do this. You get money for your loss of employability not as a disability pension.

[Philip Rogers]

tssnave, I don't have a rule or ruling. You may be able to find a case in the acquiescence rulings. Here's the link: http://www.ssa.gov/OP_Home/rulings/rulings-idx.html I know of two people who have won their claims who were past the 5 yr period. My sister who last worked in 2001 and applied in 2006, won in 2008, and the ALJ awarded her with a disibility onset date of 2001, qualifying her for SSDI.

It's much like when the VA uses 38 CFR 4.16a and doesn't tell you about part "b." Or in a case that I helped a vet win, where the VA told him he was receiving the max allowed by law, for his skin condition, which was 50% but failed to mention TDIU. In that case his congressman helped him and was told the same thing. I got him 3 yrs retro and TDIU w/P&T.

They tell you you don't qualify and you give up. It needs to be appealled all the way to the ALJ, for a correct decision.

You stated you've been "told" by SSDI but remember nothing they "say" should be considered the truth. They are like a big insurance company that doesn't want to pay.

pr

Philip,

Please post a link to the SS rule that you are quoting - "you must have work credits in 5 of the 10 yrs before you became disabled, not before you applied."

I became too disabled to work in 1997 when I was 40 (worked full time from 18-40) but did not know you could claim SS with a mental disorder.

I have been told several times by SS that you have to have worked 5 out of the last 10 years before you not only become disabled but before you apply. That's there's no grace period for being ignorant that you had a valid SS claim if you didn't apply the minute you became disabled.

If you could post a SS rule, court case, or other governing regulation then I could actually apply for SS which would be a big help. As it is, I didn't realize until 2004 that I had a valid VA claim (bipolar started while I was in military and luckily I got treatment for it) and I'm 100% P&T based soley on my sc bipolar disorder.

Any citation to this you could give me for SS would be a very big help.

Thanks,

TS Snave

[Ricky]

Philip,

Please post a link to the SS rule that you are quoting - "you must have work credits in 5 of the 10 yrs before you became disabled, not before you applied."

I became too disabled to work in 1997 when I was 40 (worked full time from 18-40) but did not know you could claim SS with a mental disorder.

I have been told several times by SS that you have to have worked 5 out of the last 10 years before you not only become disabled but before you apply. That's there's no grace period for being ignorant that you had a valid SS claim if you didn't apply the minute you became disabled.

If you could post a SS rule, court case, or other governing regulation then I could actually apply for SS which would be a big help. As it is, I didn't realize until 2004 that I had a valid VA claim (bipolar started while I was in military and luckily I got treatment for it) and I'm 100% P&T based soley on my sc bipolar disorder.

Any citation to this you could give me for SS would be a very big help.

Thanks,

TS Snave

TS - what you should concentrate on is the date of onset for the disability. If a judge rules that the date of onset for your disability is 1997 and you meet the requirements at that time then you should be ok. Have you discussed this with a lawyer?

[tssnave]

Phillip - thanks for the case link and firsthand account of others who have been able to get SS when they applied years after they were actually too disabled to work. I had no idea that SS was like VA and would not tell you the whole truth on their 1-800 number. If you find anything further out about how to best go about this, please send me a PM because I am clueless about how to file a SS claim and at this point, don't have a lot of confidence in our local lawyers (see note below to Clown Man). Thanks again for the info.

Clown Man - here's the annoying thing - I HAVE talked to a SS lawyer about it. Two, in fact. When I was looking for a shrink to do my Voc Eval for my IU request I took the advice of the VBM and called SS lawyers to get a referral for a shrink who was familiar with writing SS Voc Evals. In the course of each conversation my appling for SS came up and they both asked the same question about having worked 5 out of the last 10 years, which I haven't. I did tell each of them I worked from the time I was a teenager until I was 40 but they both said it was too late to apply. I told them both that I hadn't known you could apply for SS with a mental disorder. For some reason I thought it was physical disability only. They also asked me how much $$ my spouse made and it was over the limit so I don't have some other option available to me (not sure what it's called but it is based on your marital income not just your income). I did the classic thing and called the lawyers who had the biggest display ads in the yellow pages thinking they at least had money to spend on advertising so they could give me a referral for a shrink to write the VA Voc Eval (which they did) but they both also told me that I was past the filing deadline for SS.

If I can keep my wits about me I will try to start looking into this again. Any help or advice anyone can give would be appreicated. Perhaps since I'm 100% P&T for VA based solely on my bipolar disorder the SS process would be easier. I know we have a SS forum on hadit, think I'll check it out.

Thanks again,

TS

[Rockytop]

Couple more questions?

I UNDERSTAND THAT WHEN TDIU P/T IS AWARDED , NO FUTURE EXAMS SCHDULED/VETERANS DISIBILITYS ARE PERNMENT IN NATURE Due to Direct/or presumptive Service Conected Disiblity's.....TDIU P/T >...> IT'S FOR THE LIFE OF THE VETERAN TIL THE DAY HE DIES? Correct?

Do I need to contact my RO and let them know I'm fileing for SSDI? OR SSD?

I suppose I'm worried the VA will cut me off TDIU P/T when I turn 62/63?

Do I need to do anything other than go file for SSDI/SSD? or SS?

Thank you guys in Advance I appreciate it.

[purple]

When the VA says TDIU P&T, no further exams.....just be aware that nothing is permanent with the VA. I have that same rating and I still know that in the back of my mind they could still schedule me for an exam anytime they please. It's the VA.

And no. The RO doesn't need to know you are applying for SSDI. None of their business. Be sure to take your VA decision/award/claim info with you to include in your SSDI app; should make it go through easier.