'able To Maintain Gainful Meaningful Employment....'

[brokensoldier244th]

What is VA's definition of this, with RE: to MH rating, such as 'occasional' vs 'severe' ?

I lost 1 job in 2011-was diagnosed by VA MH as severe depression/MDD Recurrant-2 months later with sale of company I was not kept. Had had problems with customers and coworkers relations, which is what prompted me to seek a MH referral. Unemployed for 4 months after, then next job, still adjusting to MH and meds, same field (IT Support/engineering) lost 10 months later for similar reasons. Currently just passed 1 rocky year here, 38 absenses, write ups, over the first year, currently on a 6 month performance improvement path that has 2 outcomes only.

I can't be moved to a different job with no client contact in the dept that I work in-im already somewhat sequestered from cust contact and I take reduced cases already. Currently rated 50%.

Still in counseling with monthly or so Psych med evals. Seretraline has gone from 50-100-150, currently 200mg in the last 2 years.

Excerpt from my most recent treatment notes say,

"Veteran has been working with Dr.F for MDD, recurrent, and Dr.

RE for mood and anxiety symptoms as it relates to work. Veteran

describes history of mood problems over at least last 4-5 years that have

become progressively worse. States he has trouble getting along with clients

and co-workers, is impatient and irritable, becomes angry easily and these

behaviors have caused him to lose at least two jobs and caused conflicts at

home. His situation is further complicated by a chronic back pain condition

that occured during the military.

Edited March 13, 2014 by brokensoldier244th

[71M10]

Be sure to scope out and have ready information for SSD. If the day comes that you end up un-employed with no prospect on re-employment having multiple rounds ready to fire is the better position to be in.

Is your MDD secondary to your back condition? I noticed something interesting the other day while reviewing TDIU rules (just incase they ever try to move me off schedulare). If you meet the statutory requirements (one rating of at least 60% or 2 or more ratings totaling 70% with one being 40% or greater...) then any other disabilities SC or not, that cause additional disability cannot be used to deny you a TDIU rating. This is important since I have seen postings where someone mentions since their SSD rating indicated a non-service connected injury was contributing to total disability it was used as a reason to deny them. If your back and MDD are linked together (same injury, MDD secondary to back) it makes it a lot harder to push you below that 40% requirement and you are very close to that 70% trigger.

The real problem here is when companies terminate people they will provide the least amount of information that they need to out of fear of litigation. That is not helpful to individuals looking to substantiate the facts that they cannot work anymore. In light of the ADA and FMLA rules it isn't really suprising they use that strategy though is it.

[63SIERRA]

many large companies will also try to pressure you into quitting, this relieves them of many possible problems. they start you off signing counseling forms, then probationary period forms, then keep effing with you, then it increases, then one morning they say hey, this aint working out, just sign this paper saying you are removing yourself from employment at our company. Sears tried to do that to a guy I used to work with . He didnt fall for it though. If they fire you they can be liable to suit, if you quit, you usually have no recourse.

Edited March 13, 2014 by 63SIERRA

[john999]

I had a TDIU claim denied even though I was 70% for a single disability due to fact the VA said I was unemployable due to my use of opiates for chronic pain. This was 13 years ago. It cost me another IME fee to get TDIU. My understanding of a good TDIU claim is that your unemployability must be solely due to SC conditions. I was 70% SC, but also had work-related issues that made my SC condition worse. Without a excellent IME I never would have gotten TDIU. I fought for years to the USPS to accept some injuries as being covered under worker's compensation and then I fought with VA to get them to distinguish between WC injuries/illness and my service connected illness. If you get SC and non-SC disabilities intermixed you will have a mess on your hands. My SSD illness that made me unemployable was fortunately the same as my VA illness. My doctors in an effort to help me get SSD had included a list of illnesses and injuries not all SC. The SSA only focused on the worst illness. When I think about it I used overkill to get TDIU, but was lucky to get it. If you work at a physical job for 20 years it can be hard to separate what is work-related and what is service connected. My job aggravated my SC conditions and vice versa.

One thing I would advise any vet with any disability is to get disability insurance. My private policy cost me about $360 a year for 20 years and has paid off more than $100,000 since 2001. You must get a private policy because group policies stop paying when you get TDIU, workers compensation and/or SSD usually. Also, if you get fired from your job due to your disability it may be possible to file for worker's compensation on the way out the door if your work has aggravated your disability. This may create long term problems but may tide you over until you get 100% or TDIU from the VA. One of my co-workers who was disabled out of the USPS a few months before me(non vet) has been on WC for the last 13 years. Without WC income she would be trying to survive on meager FERS disability and SSD. It all gets complicated when you deal with more than one disability organization but it can be a life saver.

[brokensoldier244th]

Be sure to scope out and have ready information for SSD. If the day comes that you end up un-employed with no prospect on re-employment having multiple rounds ready to fire is the better position to be in.

Is your MDD secondary to your back condition? I noticed something interesting the other day while reviewing TDIU rules (just incase they ever try to move me off schedulare). If you meet the statutory requirements (one rating of at least 60% or 2 or more ratings totaling 70% with one being 40% or greater...) then any other disabilities SC or not, that cause additional disability cannot be used to deny you a TDIU rating. This is important since I have seen postings where someone mentions since their SSD rating indicated a non-service connected injury was contributing to total disability it was used as a reason to deny them. If your back and MDD are linked together (same injury, MDD secondary to back) it makes it a lot harder to push you below that 40% requirement and you are very close to that 70% trigger.

The real problem here is when companies terminate people they will provide the least amount of information that they need to out of fear of litigation. That is not helpful to individuals looking to substantiate the facts that they cannot work anymore. In light of the ADA and FMLA rules it isn't really suprising they use that strategy though is it.

It is. Lower back (near caudal area due to a fall incident) DDD w/ 2 discs frag'ed and swimming around in there, and another one further up and bulging. MDD is secondary to chronic pain, ED is from nerve impingement from back injury (progressive, "at least as likely as not....."

[john999]

71M10

Yes, many employers don't want to admit they fired someone due to a disability. They talk to their lawyer and he tells them to fire the person "for cause". That means they disobeyed rules and were a poor worker so they got fired. Nix the disability part. If a employer admits the person can't do the job due to injury or illness then they may be sued and/or be mixed up in workers compensation claim process.

[brokensoldier244th]

many large companies will also try to pressure you into quitting, this relieves them of many possible problems. they start you off signing counseling forms, then probationary period forms, then keep effing with you, then it increases, then one morning they say hey, this aint working out, just sign this paper saying you are removing yourself from employment at our company. Sears tried to do that to a guy I used to work with . He didnt fall for it though. If they fire you they can be liable to suit, if you quit, you usually have no recourse.

Sounds like 2 jobs ago. I was diagnosed MDD and started drugs and counseling in 2011 (October) along with getting Apnea diagnosed and service connected (0%, though, on appeal-I was 50% then they reduced it on their end citing a CUE on their side). All that going on and then in January of that year the owner cashed out and the new company came in and canned three of us. 1 receptionist (shrug), 1 DB programmer (we had 3) and me-their sole legacy systems support/software analyst. They were going to reengineer the program anyway. BUT I had been counseled in October for my attitude and relations with customer, and how I dealt with stress, with a 'fix it or get fired' type of letter. Prior to that I had been an exemplary employee for the past 5 years, so I suspect that is why I was fired.

Next job lasted 10 months. Owner was an idiot, spent the company money like his own on toys, and I had 20 phone calls a day and another 40-50 emails from irate customers to deal with every day. Id fight with them, and the owner verbally, and some of the other staff. So....down the road I went after he fired me. Now im at my current job for just a hair over a year, but basically on probation.