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Tdiu, Ssdi, & Federal Disability Retirement

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MPsgt

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I was approved for Social Security Disability Insurance (SSDI) & Federal Disability Retirement (FDR) under the Federal Employees Retirement System (FERS). I could no-longer work & I had filed for IU before I was approved for both SSDI & FDR. I was denied IU but, with time & help from my wife. I appealed their decision by filing a Notice of Disagreement (NOD). I suffer from severe PTSD 70% and a couple other disabilities that total 80%. After I was award SSDI I submitted the award letter for consideration to my local VA office in Louisville, KY. According, to eBenefits a decision is still waiting to be made on my appeal for IU. I was just recently approved for FDR too. My question is, Should I submit a copy of my FDR approval to the VA office making the decision on my IU? Could the submission of my FDR approval letter just prolong a pending decision? I've already been waiting 8 months for a favorable decision. I appreciate any and all knowledgable responses.

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I was approved for Social Security Disability Insurance (SSDI) & Federal Disability Retirement (FDR) under the Federal Employees Retirement System (FERS). I could no-longer work & I had filed for IU before I was approved for both SSDI & FDR. I was denied IU but, with time & help from my wife. I appealed their decision by filing a Notice of Disagreement (NOD). I suffer from severe PTSD 70% and a couple other disabilities that total 80%. After I was award SSDI I submitted the award letter for consideration to my local VA office in Louisville, KY. According, to eBenefits a decision is still waiting to be made on my appeal for IU. I was just recently approved for FDR too. My question is, Should I submit a copy of my FDR approval to the VA office making the decision on my IU? Could the submission of my FDR approval letter just prolong a pending decision? I've already been waiting 8 months for a favorable decision. I appreciate any and all knowledgable responses.

I am in the same situation, but I am still awaiting a decision from SSDI and FERS but it looks like i will be approved for both. I summitted VA-Form 21-8940 Increased Compensation Based on Unemployability. Today 11/6/12 I was offically notified that from my disability I cannot be accommodated at my soon to be ex-employer (WE DELIVER). I have documents from my employer stating I cannot work. I was also worked reduced hours. I have a C&P appointment in Gainesville in two days. I hope i get a fair shake. Please keep me informed on your outcome please. Good Luck.

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On this same path.

Worked for USPS for 19 years.

In July my back told me it was time to retire. Last day I worked was 7-29-2012

I filed for TDIU (currently rated at 70%, 40-(20+20 bilateral)-10-10, SSDI and OPM disability retirement.

SSDI was granted in less than three weeks based solely on my VA medical records and my self report.

HRSS just sent my DR package to Eagan to have my pay records added to the packet so it could be sent to OPM.

TDIU claim is still in the "Under Review" stage. I have supplied the RO with a copy of my SSDI award letter.

Still on the USPS rolls as they haven't fired me yet. Over 550 hours of LWOP so far.

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I am in the same situation, but I am still awaiting a decision from SSDI and FERS but it looks like i will be approved for both. I summitted VA-Form 21-8940 Increased Compensation Based on Unemployability. Today 11/6/12 I was offically notified that from my disability I cannot be accommodated at my soon to be ex-employer (WE DELIVER). I have documents from my employer stating I cannot work. I was also worked reduced hours. I have a C&P appointment in Gainesville in two days. I hope i get a fair shake. Please keep me informed on your outcome please. Good Luck.

I'm sorry to hear your ability to work has diminished. I used an Attorney (Harris Federal Law Firm) to process my Federal Disability Retirement (FDR). I couldn't handle all the stress of being a middleman. Especially, when it came to the Postal Service. I filed for Federal Disability Retirement 14 SEP 11. Which was the last day I worked for (WE DELIVER) too. I just gave them my Attorney's business card if they needed to talk to anyone. I told them not to call me. I also apply for Social Security Disability Insurance SSDI the same day. Everyone applying for FDR must apply for SSDI too. Whether you get it is another question. I was notified by SSA that I had been approved for SSDI 07 FEB 12. Shortly, thereafter I was approved for FDR. I started receiving SSDI 16 APR 2012 and eventually interim payments via FDR 01 MAY 2012. My FDR was finalized 01 AUG 2012. My apply for TDIU is currently at BVA. I was denied twice for TDIU before everything was complete. My claim for TDIU was submitted in SEP 2011. I've been waiting since for a decision. It could take up to two years for the decision to be rendered. Let me know how your C & P Exam goes? Edited by MPsgt
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On this same path.

Worked for USPS for 19 years.

In July my back told me it was time to retire. Last day I worked was 7-29-2012

I filed for TDIU (currently rated at 70%, 40-(20+20 bilateral)-10-10, SSDI and OPM disability retirement.

SSDI was granted in less than three weeks based solely on my VA medical records and my self report.

HRSS just sent my DR package to Eagan to have my pay records added to the packet so it could be sent to OPM.

TDIU claim is still in the "Under Review" stage. I have supplied the RO with a copy of my SSDI award letter.

Still on the USPS rolls as they haven't fired me yet. Over 550 hours of LWOP so far.

Sorry to hear about the severity of your disability. I don't think the PO will fire you. They will eventually drop you from the rolls after your approved for FDR. Keep in mind that process can take some time. It sounds like you have your ducks in a roll. Just keep us posted about the outcomes of FDR and TDIU. God Bless.
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  • HadIt.com Elder

I was on OWCP for a while and applied for SSDI and TDIU. When I got TDIU I took OPM and gave up on the OWCP wage loss since it was for the same basic injury. My total plus SMC is more than both my SSDI and OPM combined. It should not take long to get OPM. SSDI and VA can be harder by far. Once you get all three you will have enough money to take care of yourself pretty well. I was a vet who had to take either OWCP or TDIU.

John

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I don't understand the VA way of think I receive SSDI for my service connected disabilities (back & knees) Last week I called the DAV and was told that it looked like the VA didn't grant IU. But the DAV rep did state that this was a mistake due to the VA having a copy of the requested SSDI doc from Social Security Adminstration. Per my DAV rep more likely then not the VA QA would correct the mistake if not the DAV rep would. Last week according to Ebenefits my status showed notification decision pending now my status is decision approval pending, I'm hoping for the best! I’m on pins & needles waiting to see my new VA rating. I applied for SSDI for my service connected injuries in April 2011 & was approved Sept. 2011. Here’s a statement from the Dr. for my C&P exam in VA hospital, Pensacola FL. wrote for my progress report.

Right Ankle

Does the Veteran’s ankle condition impact his or her ability to work? Yes, Veterans is unable to walk long distance due to right ankle condition. Assistive device; right ankle brace for support.

Back (Thoracolumbar Spine) Condition, Veteran has been diagnosed with thoracolumbar spine back condition; yes

Diagnosis #1 Lumbar DDD, L5-S1/Spinal Stenosis ICD code 722.6

Diagnosis #2 Radiculopathy, Lower Extremities ICD CODE 729.2

Back surgery Dec 2001 & Nov 2010, Mar 2011 MRI shows recurrent herniated nucleus pulposus L5-S1 spinal stenosis and left L5-S1 intraspinal, extraduaral epidural fibrosis & scar tissue & disc protrusion. Select where forward flexion ends (normal end point is 90) x5. Select where objective evidence of painful motion begins) x5, nothing higher than a x10. Does the veteran have additional limitation in ROM of the thoracolumbar spine (back) x yes. Does the veteran have any functional loss and/or functional impairment of the thoracolumbar spine (back)x yes. Less movement than normal Weakened movement, Excess fatigability Incoordination, impaired ability to execute skilled movements smoothly, Pain on motion, Instability of Disturbance of locomotion, Interference with sitting, standing and/or weight-bearing. Does the veteran have guarding or muscle spasm of the thoracolumbar spine(back) x yes. Abnormal spinal contour, such as scoliosis, reversed lordosis, or abnormal kyphosis. Does the veteran have IVDS of the thoracolumbar spine/ x yes. Assistive Device: brace & walker: Frequency of use: regular Does the veteran’s thoracolumbar spine (back) condition impact on his or her ability to work? x yes

Hip & Thigh Condition Does the veteran report that flare-ups impact the function of the hip and/or thigh? X yes. Select where flexion ends (normal endpoint is 125 degrees) x15. Select where objective evidence of painful motion begins) x15. Is adduction limited such that the veteran cannot cross legs) x yes. Is rotation limited such that the veteran cannot toe-out more than 15 degrees? X yes. Does the veteran have additional limitation in ROM of the hip & thigh following repetitive-use testing) x yes. Does the veteran have any functional loss and/or functional impairment of the hip & thigh? X yes Unable to sit for long prolonged period of time due to back, knee and hip condition. Less movement than normal - Both, Weakened movement - Both, Excess fatigability - Both, Incoordination, impaired ability to execute skilled movements smoothly - Both, Pain on motion - Both, Instability of station - Both, Disturbance of locomotion - Both, Interference with sitting, standing and or weight-bearing - Both, Does the veteran have ankylosis of either hip joint? X yes. Assistive Device: brace & walker: Frequency of use: regular, Left knee brace for support due to occasional ‘giving way of left knee, walker for back condition and radiculopathy and knee condition, right ankle brace for support. Have imaging studies of the hip been performed and are the results available? yes, Is degenerative or traumatic arthritis documented? yes - Both, Does the veteran’s hip & thigh condition impact on his or her ability to work? x yes

Knee and lower leg conditions Diagnosis #1 Left Knee PFS ICD code 719.46, Diagnosis #2 Left Knee OA ICD code 715.90, Diagnosis #3 Right Knee DJD ICD code 715.90 Right knee medial meniscus tear, Right Knee - Select where flexion ends (normal endpoint is 140 degree)x 95, Select where painful motion begins) 95, Unable to fully extend, extension ends x25, Left Knee - Select where flexion ends (normal endpoint is 140 degree)x 110, Select where painful motion begins) 100, Unable to fully extend, extension ends x25, Is the veteran able to perform repetitive-use testing with 3 repetitions? No, provide reason Limited due to back and knee pain, Does the veteran have additional limitation in ROM of the knee and lower leg following repetitive-use testing) x yes, Does the veteran have any functional loss and/or functional impairment of the knee and lower leg? yes If the veteran has functional loss, functional impairment or additional limitation of ROM of the knee and lower leg after repetitive use, indicate the contributing factors of disability below (check all that apply and indicate side affected) Less movement than normal - Both, Weakened movement - Both, Excess fatigability - Both, Incoordination, impaired ability to execute skilled movements smoothly -Both, Pain on motion - Both, Instability of station - Both, Assistive Device: brace & walker: Frequency of use: regular, Disturbance of locomotion - Both, Interference with sitting, standing and or weight-bearing - Both, Does the veteran’s knee and /or lower leg condition impact on his or her ability to work? x yes, Unable to sit for prolong period of time due to back knee and hip condition.

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