ptsd 100% Schedular Vs. 100% Tdiu

[vaf]

Does anyone here see any advantage to a 100% schedular-rated veteran pursuing TDIU at the point he can no longer work?

PTSD is not a factor here, although organic mental syndrome is (already rated at 60%). Lumbar back currently rated at 40%, cervical spine problems currently rated at 20%, but we have an appeal in and an IMO that stated the condition warrants an increase to 40%. Other conditions too, and I see the day coming when this information will be important for us to have on hand.

Is there any advantage when it comes time to file for SSD, or any other reason that might make it a good idea to do this when the time comes?

Thank you, I value your opinions.

[vaf]

Thanks, all. Can I hear from anyone about their experiences filing for SSD after being rated 100% schedular (not TDIU)?

My point in this is to figure out how to approach the SSD application when the time comes. Will the SSA look at my husband in a different light as 100% schedular vs. being rated 100% unemployable TDIU? Will it be more difficult than being TDIU? I foresee him exhausting his FMLA benefit, and then his employer would terminate him.

So, I'm understanding that he will not be allowed to file for TDIU, due to already being rated 100% schedular? The SMC/A&A aspect of things doesn't enter into the picture at this point, I'm just concerned about the SSD part of things.

Thanks again.

[Guest jangrin]

It is my understanding that the SSA, will consider records from the VA on merit. Treatment for conditions, etc. just like medical records from any provider.

If your husband has been able to work while being 100% schedular, the SSA will want documentation from PCP, VA, re-hab spec, Occupational Spec, to establish why or the exact nature of his being unable to work with this condition, now when he could before.

So in effect what current or new medical evidence proves your husband cannot "function" at some kind of employment in the work force.

All SSA looks at is: is there a job, that is resonably available to the average person, that this person could do. If the SSA's occupational counselor, reviews the records and sometimes talks with the claimant, finds there is "suitable work" they will deny the claim. This process can take up to a year or longer if you have to appeal. Most important thing in filing for SSDI is filling out the INITIAL applicatiojn properly. Pain is not an indication of being unable to work. The inability to "function" as a result of pain is the criteria, as well as any condition that keeps the claimant from being abble to function in the work place whether it is painful or not and whether it is physical dysfunction and or mental dysfunction or both.

I would recommend that a person hires a SSD attorney. They are only entitled to a portion of the award and it does have a cap on the amount. Well worth the money as they can get you to doctors who are acustomed to working with SSA requirements.

There is a MANDATORY five month waiting period with the SSA. You might get the award sooner, but you will not get money for the first five months following the effective date.

I hope this helps. B)

Edited November 11, 2006 by jangrin

[vaf]

Yes, immensely! I agree, we'll need a lawyer right from the start. Thanks...

[Guest rickb54]

Vicki,

Just a few other points.... a veteran does not have to be TDIU or 100% to get special monthly compensation,. as Vike has stated. You asked about drop foot specifically. Yes smc is awarded for drop foot. SMC K, or about $86.00 a month. In order to be awarded an SMC you must be rated for loss of or loss of use. That means another claim, and c&P exam. Along with a K award for dropfoot comes the 12K auto grant, with adapted equipment. It also opens up the possibility of an adapted housing grant depending on the other disabilities.

As far as SSD.

The SSA is not obilgated to award disability based on what the va states. They will look at the va disability but because the SSA has stronger/harder rules for total disability there is the likely hood that SSD would be denied the first time around. After the first go, you will be afforded a chance to appear before an administrative law judge. It is here (ALJ Step) that you may need a lawyer, and not before. While I did not use a Lawyer and was awarded SSD at this step, others find they need one. When I was awarded SSD the awards date was back dated 1 year before I even stoped working.

Hope this helps.

[vaf]

Rick, the drop foot thing was someone else's post. That's one problem my husband fortunately does not have.

I understand the SSA is not obligated to do anything, I was just wondering if there was any specific knowledge out there of anyone's experience filing as 100% schedular, without TDIU and without PTSD.

Thanks.

[Guest rickb54]

Vicki,

I can really give any special insight to 100% schedular, without TDIU and without PTSD.

I can tell you this if I were to add all my disabilities up it comes to 200 under va math it is only 90%... my point is that to acheive 100% sechedular is very hard to get where in comparision the rules make it very easy to get TDIU.

As has been stated before TDIU is only awarded if 100% schedular is not granted and a veteran cannot work other. If a veteran is 100% schedular he cannot be awarded TDIU.