ptsd Laid Off and 70% how to apply for UI

[Tara L]

Good Afternoon,

I'm currently 70% disbility rating for PTSD and working full time,my employer has bent over backwards to accommodate my service dog and PTSD issues, retraining continually. Lately they say we will be laid off in the next few months. I almost guarantee I won't be able to find another employer who will hire me and train me and accommodate my PTSD. How do I proceed when I'm laid off? What do I do to file unemployed disablitly with the VA?

Thank you, Stressing A Ton

[brokensoldier244th]

First you need to make a decision. IU isn't like unemployment  through Dept of Labor. Its a permanent solution, a nuclear option. You 'could' file for increases and if you reach 100% based just on schedular  *for most things* you can still work, but if your 100% is based on mental issues you can't work anymore, anyway. IU assumes you cannot work, and its not on again/off again. First your status for work would have to be unemployed or you'll be denied out of the gate. Then you file a claim requesting it, like most other claims. They send a form to the last few employers that you have had asking how your challenges affect your ability to work. Then your disabilities are evaluated to see if you can reach 100% based on schedule alone- if not, then they take into account your request for IU and, if approved, then you are rated X percent, but paid at 100%. 

[Chuck75]

Good Afternoon,

I'm currently 70% disability rating for PTSD and working full time,my employer has bent over backwards to accommodate my service dog and PTSD issues, retraining continually. Lately they say we will be laid off in the next few months. I almost guarantee I won't be able to find another employer who will hire me and train me and accommodate my PTSD. How do I proceed when I'm laid off? What do I do to file unemployed disability with the VA?

Thank you, Stressing A Ton

There are three things you should be aware of.

First, you may be able to collect unemployment compensation. Then assuming you can qualify, Social Security SSDI. Finally, after going through the "hoops' to obtain the needed evidence, then you can start the fight with the VA over TDIU. SSDI, if awarded can be used as positive evidence in a VA TDIU claim, although it's not sufficient in itself. You can collect both SSDI and VA disability comp, or SSA retirement and VA Comp.

The usual time frames are that unemployment comp can pay first. But, you cannot collect unemployment comp and SSDI. Unemployment comp assumes you are capable of work, but cannot find a job. SSDI requires a disability that prevents you from working. The VA is somewhat similar, but also imposes a service related requirement to the disability.

For the gory details concerning all of this, I'd strongly suggest that you study the information on hadit.com, and vawatchdog.com. Then, try to make sense of the SSA and VA websites.

Although I have not tried it, you can supposedly start the SSA process via it's website, and also in a similar manner, the VA website. Since you are already SC'd at 70%, you will be filing for "increase" with the VA.

Edited September 10, 2015 by Chuck75

[lotzaspotz]

If a person applies for SSDI at the same time they are collecting unemployment insurance, they cancel each other out.  On one hand, you're telling the unemployment office that you are able and willing to work, and are actively seeking employment.  This is a condition of allowing you to collect unemployment insurance.  However, on the other hand, you're telling the Social Security Administration that you're disabled and cannot work.  Throw a TDIU application into the works, which also states you can't work, and you see the complication. 

[Gastone]

What "YOU" think doesn't really matter when it comes to VA IU claims. Have you earned in excess of $12,400.00 in the past 12 months? Do you have "ANY" Medical Evidence that states you are unable to work , even doing "SEDENTARY" work?

DRO told me during my 06/14 Hearing, that a large number of Vets apply for IU and are Denied due to just being unemployed or under-employed. Read up on "SGI," Substantially Gainful Employment Earnings. $238.00 per week doesn't seem like much but if you have been, are or could earn it, your looking at a Denial.

A VA Vocational Rehabilitation Denial Letter would be a great piece of evidence if you file for IU. VA Rater can't dispute a Non-Employable Determination from a Trained VA Employment Specialist. Depending how Fracked up you are with your PTSD, the Denial letter could be had after a few weeks of meetings. It worked for myself and a couple other Nam Vets I pushed into Voc Rehab after they got their IU claim Denied.

If it turns out that that your not IU, Voc Rehab could assist you in Retraining and possibly finding a job that is a better fit. You really need to check out the program, well worth the time and effort. Apply on your E-Ben site.

 

Semper Fi

[brokensoldier244th]

My counsel told me that you are allowed a 1 yr 'attempt' to work and not be on the dole period for SSDI-however, he was not clear on if it counted 'after' receipt and your hearing and finalization or during the 1-2 yr period leading up to a hearing. I defer to others for expertise on that conundrum. 

 

 

[Tara L]

First you need to make a decision. IU isn't like unemployment  through Dept of Labor. Its a permanent solution, a nuclear option. You 'could' file for increases and if you reach 100% based just on schedular  *for most things* you can still work, but if your 100% is based on mental issues you can't work anymore, anyway. IU assumes you cannot work, and its not on again/off again. First your status for work would have to be unemployed or you'll be denied out of the gate. Then you file a claim requesting it, like most other claims. They send a form to the last few employers that you have had asking how your challenges affect your ability to work. Then your disabilities are evaluated to see if you can reach 100% based on schedule alone- if not, then they take into account your request for IU and, if approved, then you are rated X percent, but paid at 100%.

Thank you for clarifying and explaining the process. I appreciate your help. What if my last employer wants to be a jerk and not explain my issues? The Director does not favor me and my immediate supervisor is the buffer between us and accommodates my needs. If the inquiry is sent to the Director, Is there an appeal process or another way to request my immediate supervisor complete the inquiry?