tdiu Should I File An Appeal For Tdiu

[Stressed11]

OK, in 2001 I was deemed to be in such poor shape my employer asked me to file for SSI. At the time I filed I had a broken leg, and sever back problems. I was imediatly awarded SSDI, and have not worked since 10/30/01. In 2003 I filed with the VA because my back injury was SC, I was awarded 20%. I appealed in 2005 was awarded 40%. I then asked for an increase, and now (2010) I am 50% for back 10% ridiculopathy for each leg, 10% for tinnitus, and 30% for depression from injuries and inability to work. Total combined SC of 70%. There was even a statement from my last examining Dr. stating it is unlikely that I could obtain or hold any type of employment. My IU was denied, because my SSI letter states "Fracture of lower extremity" as cause for award. Are they kidding I'm on SSI because I had a broken leg, so no UI!! No one gets SSI just because of a broken leg. When I ask SS they said they are only required to list one cause, and mine was my leg.

Should I file yet another appeal, using the last Dr.s statement about my inability to work as cause, or have I been sidelined because of the statement of award in my SSI letter?

[jbasser]

You need an IMO to over ride the Broken leg issue and change the focus to your service connected issues.

Appeal this one asap, You can ask for a DRO hearing.

J

[Stressed11]

I have a statement from the VA docs that says I'm unable to hold employment due to my injuries, isn't this enough? Or do I need an independent Doc to state the same? Or does the VA docs statement have to be specific about which injury ie. the SC one?

[jbasser]

You need a Doc to spell it out to the VA by using your medical history and providing a nexus as to why your Service connected conditions render you unelployable. An Occupational specialist often used by SSA attorneys would be a good place to start. These folks are the top dogs as they control the balance of working or not issues. They are effective both for SSDI and VA.

J

[carlie]

My IU was denied, because my SSI letter states "Fracture of lower extremity" as cause for award.

Should I file yet another appeal, using the last Dr.s statement about my inability to work as cause, or have I been sidelined because of the statement of award in my SSI letter?

Stressed,

The Rating Decision that denied IU is dated what ?

What exactly and fully is stated in the Reasons and Bases Section regarding IU ?

In the Evidence Section of this Rating Decision, is the DR's statement included in it ?

[Stressed11]

Ratings decisions was dated 30 Sep 10

Denial based on the SS disability determination of a Fracture of the right leg (not SC)

The Dr. statement included: "The examiner reported that you are likely unable to obtain and maintain gainful employment in the competitive market primarily due to your physical problems"

The fractured leg could not be a part of this most recent exam, because it has since healed and I walk normally without and aid. The Dr. remarks must be directed at my Back problems which are SC.

[Stressed11]

Had another question guys, below suggested I get an IMO to support my claim. The only doctors I have seen during the past 7 years are the VA docs. I really don't have a doc outside the VA. So how do I get an IMO, go to a strange doc, and ask him to certify me as unemployable? Seems like he would be reluctant to do this?