tdiu Tdiu Filing Within One Year Of Decision

[Snake Eyes]

I received a "split decision" on 5/1/14 with an effective date of 8/24/12 for all but one condition and 1/15/13 for the remaining one. On the advice of the MHCS case worker, I applied for TDIU. Since my most recent contract expired on June 27th, I submitted an informal to get the TDIU ball rolling. In a situation like this (requesting TDIU within a year of the original decision), is the effective date still the date of the TDIU submission or is it retroactive. NOTE: I attempted to infer a TDIU in my original claim as explained below.

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After one C&P exam, I submitted a 21-4138 showing I made no more than $8,700 in the past three years (one of them was $4,800 and the other $7,800). I also broke down the hours worked weekly (about 22 hours) and indicated I worked an additional 20 to 24 hours UNCOMPENSATED trying to come up with ideas for new classes I could teach online.

The MHCS case worker spent over an hour with me and concluded I should apply for SSDI and TDIU based on unemployability. When I mentioned this statement and one I made in the C&P exam that led the examiner to think I was full-time employed, she said it would be clear to anyone reviewing her notes that it would be impossible for me to actually put in that many hours.... it turns out almost all of the "uncompensated work time" was spent THINKING about what I could do, reading textbooks, etc. amidst frequent breaks. We'll see if we have a case. For now, the main question is how the effective date is determined in a situation like what I described above.

[jesusplay]

I'm curious also

[JR Reihs]

It will be a crapshoot on the initial IU claim, and you will need to wait and see how it is rated and the reason given on the ED the RO may grant......If you do not agree and have evidence to overcome the ED the RO may grant , then you take that to an NOD on a EED.

[Navy04]

Just get your ducks in a row and take it easy and see what happens

[john999]

TDIU effective date should go back to the time you filed the official TDIU form. It did for me. I filed when I was 30% but my claim was still on appeal for a higher rating since 1997.

[Ebs050]

In my opinion your employment and # of hours worked might hamper your chances of IU. I worked fewer hours and was denied. Hope it works out for you.

[Snake Eyes]

I'm thinking that shouldn't be an issue since I'm no longer working due to service connected issues. Do you have to be totally unemployed a certain amount of time before applying?