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New Question About A Pending Claim

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jessie0054

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  • HadIt.com Elder

If you file for IU and you continue to work while waiting for the claim to be approved you will probably be denied I think. This is what makes it hard for vets to get IU because you have to be unemployed for months if not years to get it. It is easier if you retire from a job on disability that way you can prove you are IU and set the date. I did it with the Post Office. I retired on disability and also go SSDI before I got IU. I had it easy because I was also getting workers compensation up until the time I got IU. People who get IU deserve it for the strain of being out of work for a year or two.

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If you file for IU and you continue to work while waiting for the claim to be approved you will probably be denied I think. This is what makes it hard for vets to get IU because you have to be unemployed for months if not years to get it. It is easier if you retire from a job on disability that way you can prove you are IU and set the date. I did it with the Post Office. I retired on disability and also go SSDI before I got IU. I had it easy because I was also getting workers compensation up until the time I got IU. People who get IU deserve it for the strain of being out of work for a year or two.

Thanks. John

But he wasn't going for IU at this point. This is his first claim for a back injury. He has been off work already since last July 2005 while he waited to have back surgery. He wants to work!!

Thanks,

Jessie

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Thanks. John

But he wasn't going for IU at this point. This is his first claim for a back injury. He has been off work already since last July 2005 while he waited to have back surgery. He wants to work!!

Thanks,

Jessie

Guess i should add that at this point in the wait he feels he has no choose but to get back to work, He and his children have lost everything they owned in the last few months. Now he sees that or seems to think that with him and his children having to move into our home that it is creating a big hardship on myself and my husband. It has been no problem for me but for my husband it is a little different. He was ready to retire in Oct and now he has moved his retirement date now to an uncertain date and we are all feeling the stress of the decision for our own reasons i guess anyway my son said he is going to look for a job to help out. I wanted to know how this will affect his pending claim. He is just a few days away from his C&P for the low back. But then i guess it could be months before he gets a rating.

Jessie

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  • HadIt.com Elder

Employment and how much one earns has nothing to do with the rating a veterans recieves for disability compensation unlress of course he/she applied for IU or already has a rating of 100% due to a mental condition.

The rating percentage for the lumbar and cervical spine in derived from range of motion and/or incapacitating episodes (peroids of bedrest and treatment prescribed by a doctor), whichever results in the higher rating.

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  • HadIt.com Elder

If his doctor tells him he can work then he should go for it. If he works for main stream employers they will give him a physical and the doctor who does the physical will tell him if he can work or not. The problem is that if he tells employers he has a disability in the interview they will not even schedule a second interview let alone a physical.

The ADA was supposed to prevent employers from discriminating on the basis of a disability. However, the ADA only applied to employers with 25 or more employees when I went through the program.

Has the doctor scheduled the surgery or is he so tired of the pain he is just wishing to have the surgery. I went in and begged the doctors to operate on me instead of wasting my time waiting for something to resolve that did not appear to be getting better. Would'nt you know it the pain went away and I never had the surgery. There are lots of unknowns with back treatments and employer reactions to back injuries.

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