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Filing For Tdiu & Ssdi

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CoastieAirman96

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Hello fellow vets! Back in 2008 I filed for ssdi after having filed my first c&p claim (2007) and was denied the ssdi I feel due to my first open claim for c&p award came in 2008 for only primary SC condt--10% rating of TBI w/residuals, secondary SC condt--0% for depression wasnt enuff for ssdi to be awarded to me. In 2009, I appealed both c&p (2008) award and ssdi (2008) denial and I was once again denied ssdi in 2009 for a 2nd time but was awarded an increase in SC Disb & Comp:

2007 Combined rating 40% increased in 2010 Combined rating 80%

Primary SC Condt: TBI w/residuals (too many to name) frm 10% to 70%

Sec SC Condt: Depression 0% to 30% for Depression assoc with TBI

My question is, based on the info I provided alone, do I have a better shot at being awarded ssdi if I reapply/appeal it for a 3rd time now or do I hv a stronger shot at being granted IU my 1st time applying?

Thanks for your service!

Semper Paratus

Brian

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  • HadIt.com Elder

You need a SSD lawyer. Your time since last worked may cause you problems with SSD although you have good evidence to reopen your SSD claim. Deadlines are important and your really should seek legal help.

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Hi Pete53. Thanks for replying. After my 2nd denial for SSD in 2009, I went back to college to stay busy toward my degree but I was working part-time and have been through a slew of jobs since that time, mostly all being either FT-temporary, seasonal, and even an internship with VAMC-OKC while some Part-time too. So, do I need to get a lawyer, still to open a new claim? Or should I just shoot for IU since, my SC mental conditions have been the catalyst in my inability to most often acquire and even maintaining SGA? thanks

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Thanks for replying. After my 2nd denial for SSD in 2009, I went back to college to stay busy toward my degree but I was working part-time and have been through a slew of jobs since that time, mostly all being either FT-temporary, seasonal, and even an internship with VAMC-OKC while some Part-time too. So, do I need to get a lawyer, still to open a new claim? Or should I just shoot for IU since, my SC mental conditions have been the catalyst in my inability to most often acquire and even maintaining SGA? thanks

You can actually do both, file for SSDI and TDIU. They are two different agencies and they process claims differently. For SSDI most Law dogs want you to have a current denial. So the best thing is to file as soon as you can then go from there. With TDIU, you will need a doctor to state that you are unemployable due to your service connected conditions. Since both claims will take some time to process, the sooner you file the better.

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Thanks again Pete53! I have begun the rigorous process of applying for SSDI and with TDIU, I have started that process with a VSO at my local VAMC facility. Even though its complex, the direction I'm going is really starting to make better sense even though I don't understand why I need to furnish all of my med & mental health treatment records for claims processing when my regional claims & benefits office has it all but if it's a requirement, I guess I have to do it...just seems like triple the work for both sides. Again Thanks!

Semper Paratus

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