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.

[Ebs050]

Curious what your other ratings are that got you to 90%. Sounds like you have a decent chance at Iu with your 70% GAD and your Doc stating you should not work. Did she put that wording in your progress notes? If so, did you include that in ur IU claim?

[john999]

No, as long as you are currently unemployable solely due to SC conditions you can apply. I know with SSD you have to wait 6 months but not with TDIU. Get it while the VA is in the giving mood. With all these OIF/OEF vets starting to file the VA will clamp down somehow to make it harder.

[Snake Eyes]

SSDI claim is already in -- did not have to wait six months -- probably because I was a self-employed independent contractor and have no new contract. Agreed on getting the TDIU claim in while the VA is still in a giving mood. There are three SC conditions that contribute to my inability to work, and I cited all conditions on the SSDI claim. Unfortunately, I also included one that is not SC. With my luck, I would not be surprised if Social Security honed in on that one :-)

[Snake Eyes]

This may seem like a foolish question, but I was wondering if I should wait until a determination is made on the SSDI claim before filing for TDIU. I "established date of claim" for the TDIU claim by phone with Peggy, but it's not showing in eBennies yet.... makes me wonder. :-)

[Ebs050]

If it were me I would file for IU now for an earlier effective date. Also, if you are awarded SSDI you can send that award letter in to give your IU claim more strength.

[Snake Eyes]

Curious what your other ratings are that got you to 90%. Sounds like you have a decent chance at Iu with your 70% GAD and your Doc stating you should not work. Did she put that wording in your progress notes? If so, did you include that in ur IU claim?

I just got the progress notes the other day... She did not say, "Veteran should quit his job and go on disability" -- of course, they can't say something that obvious. She basically described my symptoms in clinical terms with a view toward what analysts would be looking for at Social Security or raters at the VA would be looking for in showing how my work would be impacted. I'll review again and I wonder if she should say something more overt.

Also... FWIW, she's an LCSW and not an M.D. For whatever reason, they don't seem eager to get your head in a vice if not necessary. The C&P shrink had a lot of lovely "resume enhancers", if you get my drift. Best thing they did for me is "Rule out PTSD"... the thinking was what I have is in some ways more work prohibitive than PTSD. She said, "A guy with PTSD might be able to work in a warehouse... a guy with your symptoms would avoid the warehouse as well." Gee thanks. :-)