ptsd Awarded Tdiu Without Asking

[livefree666]

Hi All, I had my attorney appeal my PTSD award and was upped to 70 percent and was awarded TDIU although I didn't ask for it well they gave it to me effective 2/2013 only problem is I was working and have to send in my EVR form in February and I made 18,000 for the year although I stopped working in July due to mental health. Will I lose my TDIU? I'm trying to get through this but my mental health is bad and my employer kept me on until I got the benefits. I'm over the poverty level for the year but can no longer work and I have been hospitalized twice after losing my job .Don't they check your income before awarding TDIU? really need help here thanks.

[jbasser]

That is a fact. There may be some issues up and coming. You should have called them when you got the decision and told them you were working. Then re-filed for it in July when you stopped. Who filed it? was it inferred.

This could be a mess.

J

[chillywilly]

I have noticed on my claim I had stuff I never brought up to claim.But I would be proactive and call them or vso.To make sure you can work with them.

[StreetWalker]

It's entirely possible they will pull your IU, require repayment and then you're facing a huge uphill battle to get IU again. You had two choices. Notify the VA you were working or quit working and then notify the VA. From where I stand it appears you got greedy. Working and IU. What a deal. Poverty level is just a number. What matters is the ABILITY to work. You've shown that you are able to work. Good luck.

[Carl the Engineer]

I dont know how this IU works, but if you didnt ask for it and they gave it to you with a start date while you where working, I think they should help you with it.

Unless your lawyer isnt telling you something here, as in, he/she filed for IU for you?

Whats your lawyer say about this? What doe his/her appeal say?

?

Hamslice

[free_spirit_etc]

I want to add a disclaimer here that I am not familiar with TDIU claims, and am merely trying to point out some things that I noticed that might be helpful.

I agree that this could cause some problems. But it would seem like if you did not ask for TDIU, but the VA granted it, that would be different than if you specifically applied for it stating you weren't able to work, or stating that you were not working when you were. It could be that the VA made the assumption you would not be able to work based on your level of disability. And it could be that your lawyer asked for it.

You probably want to get ahold of your lawyer on this. The lawyer might be able to help get it straightened out.

You say that you worked until July, as your employer kept you on until you received your benefits. So I am assuming you just got notified of the decision in July. And you also say your employer kept you on even though you were no longer able to work. Would it be possible that your employer would verify they kept you working as long as they could, though your work was not up to par? If they tried to do you a favor and keep you on, they may be willing to help. It would seem like a statement from your employer that would indicate that your work performance started declining in ___, but they tried to keep you on and give you a chance to get it turned around would help. Would there be any records in your employee file about work problems, excessive absences, etc. that you might be able to get?

Also I would think the fact that you have been hospitalized two times since July would be a relevant factor here.

I am not sure if you would have repay the TDIU benefits received from February - July, as you were working. That is something you would still need to find out. But I think that you still want to work on building a strong case that you are no longer able to work as of July. It would seem like losing your job and being hospitalized twice in a short period of time would be pertinent factors.

I am not so sure I would agree that you need to contact the VA immediately. I would recommend you talk to your lawyer, and get some information on where you stand first. But I would suggest that you do that as quickly as you can, and see if you need to contact (or have your lawyer contact) the VA in the near future. I am not sure if you need to repay any benefits, or if you need to try to establish a later effective date of TDIU (to July).

I would not suggest that you wait until next February and just send in your earnings statement, and hope they don't cut off your benefits. I would be proactive on this and find out what you need to do now.

Edited September 13, 2013 by free_spirit_etc

[free_spirit_etc]

"That is a fact. There may be some issues up and coming. You should have called them when you got the decision and told them you were working. Then re-filed for it in July when you stopped."

From reading his post, it looks like he was notified of the decision of July, and the decision informed him that he was eligible for TDIU effective February 2013, and that he stopped working when he was notified of the decision.