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Tdiu Deferred For Receiving Ssdi

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otoolejp

Question

I was awarded 70% SC yesterday (one battle finally won), and the award letter states:

We deferred entitlement to the 100% rate (IU) because you are receiving Social Security Disability benefitis (sic) and we need your records from the social security administration. We will obtain these records for you.

That's all it says about it.

I never filled out the form for IU, and this was on there anyway. Do I need to fill the form out? Does anyone know what records they are getting from the SSA, and how they will affect IU?

I was granted 70% for Shizoaffective disorder claimed as PTSD. Does this just mean that I claimed for PTSD, and they found something else?

I receive SSDI benefits, also for Shizoaffective disorder.

I'm just really scared, stressed out and drained. I thought I was going to be able to take my head off a swivel after my award and spend more time attempting to be happy so my wife wouldn't be so stressed out and worried about me. I could really use some answers/support.

Thanks in advance.

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Or they can use your SSDI award against you. Been there, done that.

How did they use yours against you?

I'm also going down to the DAV Friday to submit the TDIU and SSDI paperwork.

Edited by otoolejp
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  • HadIt.com Elder

Make sure you know what is in your SSDI records before you submit them. If any NSC things contribute to your being unemployable the VA will say that is why you can't work, and your TDIU claim becomes a new battle. I made a lot of mistakes when I claimed TDIU, but I just kept hitting them with so much evidence I got them confused. I did have trouble with the VA claiming the reason I was unemployable was due to NSC causes because of a line one of my IME doctors put in my report. He meant well but did not realize the depravity of the VARO. It worked out in the end after yet another IME. You really have to watch what you, your doctors or your submitted records say.

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My SSDI determination states:

"The medical evidence in the record establishes that the claimant has the following medically determinable severe impairments: a schizoaffective disorder, rule out schizoid personality disorder, and obesity. (20 CFR 404.1520©)"

and

"The severity of the claimant's schizoaffective disorder meet the criteria of listing 12.04 of the Listing of Impairments (Appendix 1), and has precluded the claimant from performing substantial gainful activity since March 1, 2012. (20 CFR 404.1520(d) and 404.1525)"

I'm assuming that rule out schizoid personality disorder, and obesity means they didn't consider these things in my disability determination.

I looked up 12.04. It is for Affective Disorders.

Does it seem like I have anything to worry about?

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My SSDI award was based solely on my service connected back injury. The first thing mentioned in the denial of my TDIU was my SSDI award. Basically it was that since I have future reevaluations scheduled my disability is not considered permanent. Since everyone under 60 receiving SSDI is at least scheduled for reevaluation it seems to me that a SSDI award would be a blanket denial of TDIU. Two points. My medical status with SSA is MINE. Medical Improvement Not Expected. My diary date is July of 2019, seven years after my award and a month before my 60th birthday. I've been service connected for my back since 1980. It's steadily gotten worse. Perhaps the VA now expects a sudden miracle and improvement of my back.

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