tdiu How Do I File For P & T

[Cherie33]

Hi all,

It's been a while since I corresponded here, but I have a question. I have had 3 seizures in the past 2 to 4 weeks, and I was actually hospitalized for a few days after my second seizure. The doctors believed that one of my (depression meds) was the cause. They took me off of it and started me on an anti-seizure medication. I have been TDIU effective June 2007 and I wanted to know if I should file for total and permanent. I can't drive and there are a few other things that I need help with. I have headaches, dizziness and nausea most of the time. I am still waiting on a Social Security Disability ALJ hearing. What should I do?

Thanks,

Cherie33

[carlie]

Regs for Total & Permanent & Unemployability

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.340.htm

[purple]

thanks carlie for merging the 2 posts

[poolguy11550]

Poolguy,

I figured that I was not clasified P & T, because of this statement and I quote :A future examination will be scheduled in approximately 22 months or April 2010 to review symptoms and severity of your recurrent major depression with psychotic features." unquote

Also stated under "What Did We Decide"

quote "An examination will be scheduled at a future date to evaluate the severity of your disability/disabilities as your condition may still change." unquote

This award letter was written to me on June 18, 2008.

What do you think about those statements.

Cherie33

These statements in your award letter pretty much sums up the fact that you are not considered TD by the R/O. I'd go with clown man's & Larry J's approach.

[Izzy]

Personally, I would go to my VA psychologist/psychiatrist and simply ask them to write you a letter and enter it into your medical records, or just give it to you. Tell them that you are getting more and more depressed thinking about not being able to work and worrying about making ends meet and that you would worry a LOT less if you knew that the VA officially considered you Permanently disabled. Tell 'em all it takes is a sentence, written out, so stating, and then a lot of your troubles will lessen. Tell them that you know it isn't a "cure", but it would sure help the INCREASING depression that you are feeling.

They'll generally be happy to do this for you.

I know, for that is what I did, and, before the day was out, I not only had the letters from my PA and my M.D. psychiatrist, but my psychiatrist even CALLED the RO and spoke with the DRO (told him that, really, really, the raters should stop practicing medicine, if they didn't mind....). Two weeks later, I was TDIU, 100%, and P&T, complete with the little brochures explaining the Chap 35 stuff, etc.

Ya wanna know something funny?

I was more elated when I got my first 20%, more excited and all hopped up about it, than when I got the letter about my TDIU, P&T, 100%.........

When I got my 100% it was kinda a real weird feeling...........not one of accomplishment, but a feeling of just plain EXHAUSTION....a "let-down"...heck I sat around for a week, mentally pinching myself to see if I was "real". Anbody else have that sort of deal?

Hello Larry,

The answer to your last question is no, yet. After reading all this great information, I am at 50% Brain Syndrome, what ever that means, 30% diplopia, 30% migraines and twelve 10%'s, arthritis, glaucoma, tinnitis, etc.

Still working in a job that is driving me crazy, I work in a federal prison in charge of 248 knagging inmates.

Any advice?

Izzy

[Izzy]

Hello Larry,

The answer to your last question is no, yet. After reading all this great information, I am at 50% Brain Syndrome, what ever that means, 30% diplopia, 30% migraines and twelve 10%'s, arthritis, glaucoma, tinnitis, etc.

Still working in a job that is driving me crazy, I work in a federal prison in charge of 248 knagging inmates.

Any advice?

Izzy

Larry, thank you for your advice, I would do that, I have an appointment on May 7, 2009 with MH PC. I think I got this appointment because my psych Dr. is out on maternity leave and I made an issue about it because they did not want to make an appointment for me way after Jun 09.

I will let you know what was the outcome. Take Care.

Izzy