tdiu Unemployability With 70% Overall Rating

[wallyzero]

All this stuff confuses the heck out of me. I have a combined rating of 70%, my highest individual one being anxiety at 30%. I received this rating in fall 2009 and have been talking to MHC on a weekly then monthly basis; and trying different meds ever since. I held one job for 7 months since my ETS in 2009. After that I've had one job interview, the employer kept making remarks about how I acted and asked if I was ok. Since then I find every excuse in the world to not leave my house. I was considering filing for Increased Compensation Based on Unemployability, but unless I'm mistaken I have to have at least one disability rated at 40% correct? In short, do I need to raise my rating first? Thank you for any information.

[StreetWalker]

Would this not be a request for extra-schedular TDIU since the OP doesn't have a single disability rated at 40% among his 70%?

[jbasser]

No you will not need that. As soon as you file the claim and ask for IU, which by the way really is not a claimable condition, It kicks in a claim for increase in ordert for the VA to award the Ancilliary benefit of IU. They will look at all evidcence and make a decision based on the evicdence. Someone suggested you get an IMO and I agree with that.

J

[Hollis]

I AGREE with the others, you will not get it if you don't apply. I am 70% total with 50 %PTSD, 20% per ear hearing loss,10% for tinnitus. I was turned down for SSDI due to the fact I have not worked in the 5 year range that they cut you off. I was hoping with 50% PTSD I could get it, but then they said I make to much money.. isn't the government great working with. But do apply for it

[StreetWalker]

SSDI is not income based....unless you're working. SSI is income based. If you can prove you became disabled during the eligibility period then you should fight the denial.

[iceturkee]

The VA is now looking at each application on its own merit. If you only have a 30% disability and you have a doctors opinion that you are not able to work due to that disability, they will review and make a decision.

this was in a recent fast letter, don't remember the date, but it was recently.

if you have a doctors opinion, I would submit for TDIU and submit the VA FM 21-8940 with a VA FM 21-526ez making this a fully developed claim. I've been using the FDC on every claim I file for veterans and it has been working rather well, including the dependency submissions.

i have a total disability of 60 percent (40 for my back and 30 for depression). yet, i was awarded unemployability for a few reasons; two doctors said my service connected disabilities would preclude me from working even a sedentary job. but also because of my employment history (news reporter) and the fact i have my bachelors degree. the va conceeded it would be almost impossible to retrain me for something meaningful given those facts.

[shipswriter]

SSD may not be 'income based' but the amount you receive once approved is based on a formula computing work income for the past 5 years...when you apply for SSD, it is a fact that claim is coupled with SSI because if they determine not enough work credits exist in the past 5 years then your claim for SSD is replaced by SSI.

SSI does not give you Social Security benefits like SSD or retirement at 62. SSI is essentially a welfare program for people who have enjoyed full employment to qualify in the 5 years before application; states participate in the administration of the program; each state has their own table to determine the supplement amount that is added to SSI, for instance, $50 supplement every 3 months.

The monetary difference between SSD and SSI is significant. For instance, if a veteran wins his SSD case, a monthly award will be determined by SSA and say he gets $1400.00 monthly as benefit amount. If that same veteran had trouble getting work or only had part-time work that did not equate to the credits needed in the preceding 5 years to application, then if single or married he would get much less compared to SSD. In many cases the difference being approved for SSI is almost half of what that same person would have gotten for disability benefits under SSD. Chances are SSI recepients are also Medicaid recepients which means in Michigan you can't have more than $2500 in countable assets at anytime.

What I just related is based on personal experience with SSD and SSI, but may be misconstrued if you try to apply my story to your circumstance. I believe that every person engaged in an application for SSD or SSI is better off starting with a good Social Security disability attorney from beginning to end. If you are careful to get the best attorney who is local to your area to accept your case then you have done well.