tdiu Are things changing between SSA and VA regarding unemployability?

[anxiousinMD]

So I see the disclaimers everywhere about how they are different agencies and how approval for TDIU doesn't guarantee SSDI and vice versa, even for only SC conditions, and have seen many vets here that have one and not the other. I did the bad thing and checked ebenefits today to see that my status changed from preparation for decision approval to pending notification (with est completion date for Mon-Tue), and back to prep for decision again all today. I was aware that this could happen as many of you have warned so I was prepared and wasn't expecting the status change so soon anyway. But what is worrying is that now there is a new entry under needed from others tab with a red status dot that says "SSA for med evid used in disab dec"...so I have not received a decision notification from SSA yet and submitted both applications about the same time for the same conditions. My anxiety is going through the roof now and I had to take a pill for it (which hasn't kicked in yet, I'm sorry guys but this is my release since I was just pacing frantically and working my way up to a full blown panic attack), because I was prepared for denial from SSA since I know most 1st time claims are denials, but now it looks like the VA will use SSA med evidence to decide on my TDIU claim?? I submitted the same exact medical evidence, nothing different. So if SSDI denies my claim (statistically likely) then I should probably expect a denial from VA, despite agencies and claimants saying that they don't rate the same, but it seems maybe things are changing like becoming more dependent? I saw on ebenefits too where they are building in a one button access to share va medical records with SSA (it's not working yet last I checked). But it seems like they are trying to get the agencies more in sync (which it seems like they logicially would be for things like TDIU or 100% for SC disabilities), but am I one of the ones stuck in that crappy transitional phase where people are figuring it out? Has anyone else had this status and how did it resolve?

I know, I know, stop checking ebenefits. I wish they had a volunltary exclusion for people like me. And I know, prepare for the worst and let it work through the process. Sorry for the vent, this is my attempt at a better coping mechanism than my two current coping mechanisms which are take a pill for the anxiety (had to do anyway) or take a pill to make myself sleep through it. Thanks to anyone reading through this and bearing with me.

[Gastone]

Your just like the rest of us, the wait for the IU Decision is an Axx Kicker.

Just be sure you have your Direct Deposit Bank/CU account set up to Txt & Email you regarding all Financial transactions, real time. Over the Past 8 Years, my Retro's have always preceded the Award Letters by up to 3 months.

Just Recently. 01/03/16 & 08/19 E-Ben actually listed Awards prior to Retro Hitting. Jan Retro Hit end of month and Rating Letter arrived 04/16. Aug  CUE Review Award Retro Hit my Bank at 5:10pm 8/24, Award Letter arrived 08/25.

Semper Fi

[john999]

SSDI records are good if they show your disability and inability to work is due solely to service connected disability.  If you get SSDI for things besides VA disability it is bad because the VA will blame all your ills on those documented non-service connected things.

[Gastone]

You indicate your SC'd for PTSD, 70% Combined Rating rating needed for inferred IU Claim. What is your Combined SC Rating?

 Your SSDI Vs IU rating question, both Records are reviewed, by each Agency, if entered into Evidence.

SSDI quite often Denied on 1st application, then won on Appeal, if handled properly. Unless there has been a change, there is no discussion with regards to ability to do "Sedentary Work," considered in an SSDI Award. if you can prove you can't do your old or a similar job, due to Verified DX'd any and all medical conditions with no chance for improvement, you get the SSDI Award.

VA IU Awards are quite often Denied due to lack of Professional Expert Opinion as to a Vet's ability to do Sedentary Work, that could provide in excess of the VA SGI figure of $12,400 per year ($238.00 per week). Your education level and any and all training are considered.The only Medical Conditions that are considered in an IU Award, are your current SCs.

A 70% PTSD SC, by itself indicates a Serious Employ-ability Disability. Just need to prove the "Sedentary Employment," aspect, and your good to go.

Semper Fi

[john999]

SSD will often send a person for what they call a Second Opinion exam and what we call a C&P exam.  They are just as tricky as the VA.  The key phrase in a SSD claim  is "  claimant is totally disabled from all work for at least one year".    SSD only cares that you can't do any work and that you have enough quarters paying SSA to meet the requirements.    They are not concerned with service connection vs non service connection like the VA.  It is routine to have to hire a lawyer to win your SSD claim.  Some of us get lucky and get it the first time around but are in a minority.  If you can win a SSD claim based entirely on your military service then you should be able to get at least TDIU from the VA.

[anxiousinMD]

@gastone @john999 Thank you for your replies. My SC is 50% total: 30% PTSD, 20% lumbar strain, 10% nerve damage in my jaw (Army dental work gone wrong), plus a bunch of 0% for joints. I am aware of the 70% requirement for IU so I also put in for an increase for PTSD along with the TDIU application, even though the TDIU asks which condition I am requesting the IU for and is supposed to automatically evaluate for increase. But I figured if I get the TDIU denied maybe they will still evaluate me for increase outside of the IU decision. Anyway, I submitted the SSDI for ONLY SC conditions. And yes I am aware of the high denial rate for both and lawyer route with SSA, I was mentally preparing myself for denial with SSA already, which is why I was panicking bc I didn't want one denial to increase the odds for denial for the other. I have not been scheduled for any exams from either yet though, and am in decision phases with both. I figure either my medical evidence is strong enough or maybe it's not at all and I an outright denial. Who knows.

[anxiousinMD]

Also I have already been doing sedentary work in business management for the past 10 years. I have records showing I was placed on FMLA/disability leave from my employer for both mental and physical issues for extended periods (3-6 months at a time) over the past 4 years. I do have enough SSA credits and I am within the window. So I know I've made it past the initial stages for SSDI, it's a matter of if they think I can do some kind of job they find in the economy. Like professional dog flea picker.