tdiu Is Ssdi Enough Evidence For Appeal Of Tdiu Denial

[Selea]

I filed a TDIU claim on the advice of a VA Vocational Rehab Councilor in 2008 and was denied. She also told me to file for SSDI but I didn't at that time because I was told how hard it was to get it approved. I was denied TDIU in January of 2010 though my disability was increased from 50% to 70%. So I went ahead and filed for SSDI on January 15, 2010 for the same disabilities. Based soley on my VA medical records, I was approved on March 27, 2010 for the exact same disabilities back dated to June 1, 2008. Is the SSDI decision enough evidence for an appeal of the VA's decision? I would appreciate any advice anyone could give me.

Thanks,

Melissa:huh:

[Philip Rogers]

Sure is!! If you can get more do it but yes appeal their denial. The VA doesn't have to agree with SS but needs to explain why if they don't.

pr

I filed a TDIU claim on the advice of a VA Vocational Rehab Councilor in 2008 and was denied. She also told me to file for SSDI but I didn't at that time because I was told how hard it was to get it approved. I was denied TDIU in January of 2010 though my disability was increased from 50% to 70%. So I went ahead and filed for SSDI on January 15, 2010 for the same disabilities. Based soley on my VA medical records, I was approved on March 27, 2010 for the exact same disabilities back dated to June 1, 2008. Is the SSDI decision enough evidence for an appeal of the VA's decision? I would appreciate any advice anyone could give me.

Thanks,

Melissa:huh:

[Berta]

Philip is right!

If I were you-since you have some time left for formal NOD_ I would ask them to reconsider their EED in that decision (the Jan 2010 decision).

If they don't react to the Reconsideration Request by December then file the formal EED.

Did the new rating stem from the 2008 denial or is that specific claim final and was not appealed?

[Bravo6]

I'm the exact opposite of you!

I was granted TDIU and was denied SSDI! Go Figure!

Awaiting for an on the record decision from SSDI or a hearing date!

Good Luck!

B6

[Berta]

Bravo6 -are you sure the SSA had all of your VA records? (and the TDIU award?)

I hope you appeal that successfully. It almost seems that most SSA claims are being denied the first time around these days.

TDIU is solely for service connected disabilities but SSA is supposed to consider all - if there are additional NSC disabilities.

[Bravo6]

Cliff Notes version:

I was denied SSDI in September (first time)(70% SC at the time), then appealed in October (denied again).......finally got an MRI from VA in December. I applied for TDIU in September of last year......had C&P in February for the increase. In March, had an ILS done, was granted upgrades to my home. The ILS (VRE) counselor wrote a letter stating that I was unemployable. Then a week later I was granted TDIU, with an increased to 80% SC!

My attorney submitted all of the new info to SSDI for an on the record decision or a hearing date. Hope you can understand that!

I have NO NSC! All conditions are SC'd! I think my age (41) may have a lot to do with the denials.

B6

Edited July 26, 2010 by Bravo6

[Berta]

Good!~ -your ducks are in a row (and well armed-with evidence)