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Individual Unemployability

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airdale

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I had a 10 percent VA disability, then the VA awarded me a 60 percent disability, which interprets to a total 60 percent disability. I had another claim, which has not yet received a determination. Along with that I have a dependent's claim which has not yet been awarded because the VA lost the paperwork and I had to refile for dependents in August. The VA has urged me to file a IU claim, and later, they advised that I file a Social Security disability claim. I am 60, have not worked a full time job since 2001, but I have worked some temporary or limited time jobs -- I just can't stay on a job for eight hours a day and definitely not a 40 hour work week. I filed the IU last year and it just seems to be floating around with no decision as is the case with my other claim. I had contacted the VA about the dependent claim and they had no knowledge of it, but I was told to fax the copy I had sent previously and they would get it done very quickly, using the original date that I filed it, but they have not done so. Any advice would be welcome.

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The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.

As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.

The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.

I don't know enough details concerning the dependent claim to comment.

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The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

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Another thing about my IU claim is that my counselor at the VA rehab office has been urging me to file the IU. I had gone there to get help with finding employment, but they insist that I should file for the IU.

The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.

As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.

The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.

I don't know enough details concerning the dependent claim to comment.

The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

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