tdiu IU / Federal Employee

[PACBRED]

Need some suggestions or guidance. If I'm rated at 80% however still working but I can't afford to quit my job due to financial circumstances. I was rated 40% for my back and the other contentions make up the other 40%. My back is constantly bothering me leaving me with a footdrop and I've exhausted all of my leave and I'm a federal employee. I've had a steady work history but my leave is always on 0 due to my sc disability. I would like some guidance as to how should I go about filing for unemployability even though I have not had a break in my work history and I can't afford to have no income coming in while waiting to see if I am approved. I've had supervisors write up the employment questionnaire stating that due to my sc disability I'm always on a negative balance. Could some one please shed some light of the situation. Any feedback is greatly appreciated. 

[broncovet]

Let me save you some trouble:  You wont be approved for TDIU while working.  

Yes, I can understand where you are coming from.  YOU feel like you can not work anymore, so that should be enough.  It is not.  A Doctor has to state, pretty much, that you can not maintain substantial gainful employment due to SC conditions in order to get TDIU.  The doctor will probably NOT do this when you are working.  

Benefits are paid in ARREARS, not in advance or in anticipitation of one becoming disabled.  If/when you are no longer able to work, and are not working, then you should apply.  Yes, its frustrating, knowing it will take years to get approved and your benefits to begin.  And, it makes sense applying now, in order to shorten that painful waiting period, so that you dont become homeless while waiting on VA to approve benefits.  

However, make no mistake.  Dont listen to the VA propoganda about how VA cares about Veterans and about how Eric Shinseki is going to eliminate Veteran homelessness by year 2012.   Veteran homelessness is alive and well, and its up to YOU to prevent it.  

If you want to prevent homelessness, then you had better be building up a huge war chest (savings account) for the long period while VA is "considering" your TDIU claim and you are unemployed and unemployable.  

I did not do that either, and became homeless when it took VA 7 years to finally award my 100%.  Had I have known what I know now, I would have built up a huge warchest before I lost my last job.  

As long as it takes years to award VA benefits, there WILL be Veteran homelessness.  I have said for a long time, they need to "switch" the people who award VA benefits with those who award payments to VA employees, so that VA employees take 5 years to get paid, and Veterans get paid in 2 weeks, instead of the other way around like it is now.   The payments to Veterans should be made by "the fast guys" that get it done in 2 weeks, versus the "slow ones" that work on Veterans claims.   

Edited November 20, 2016 by broncovet

[seminoles]

I couldn't even get IU when failing college, my doctor saying I was unemployable while in Voc. Rehab.  I tried to stay in because I couldn't afford to lose the living stipend and wait for them to award me IU.  I failed class after class (which were online) and finally I was deemed unemployable by Voc. Rehab as well and THEN they awarded me IU.   I don't think I have ever heard of anyone being awarded IU while working, same with social security.  Social security awarded me before the VA because they/unlike the VA don't consider taking a class deems you able to work.  I hadn't worked since 1/09 and wasn't awarded IU until September of 2013.  SS awarded me in Jan. of 2013 and my date of disability was 01/09, last time I worked.  What a messed up system, thankfully my husband was able to support us those years or we would have been homeless. I also cashed in my 401k, savings, etc.  The system is def. not made to help those veterans who are no longer able to work because of their sc disabilities at all. 

[MPsgt]

Have you utilized your Federal Employee Benefit known as Thrift Saving Plan (TSP)?  If the TSP funds are enough.  They could cover your lack of employment before TDIU and SSDI come through.  It worked in my situation.

[PACBRED]

MPsgt no I haven't utilized my TSP. Right now they are working on the FMLA plan asking me who much time do i need? How the heck am I suppose to know how much time. The frustating part is when I'm considering going part time to cut back on my hours and was advised that I may lose my job because they hired me full time. So the FMLA came into play to save my job. All these years of working and I've always been in the negative for leave both sick and annual due to sc disabilities. My supervisors stated that they would write up a statement on my behalf. When I recieved the  VA form 21-4192 the form is so misleading. Why are they asking for my wages? What does that have to do with anything? Do they want  a breakdown of what I made through the years? I so want to quit my job but am afraid of being homeless and counting on this income coming through my job as my main support. So If I get my doctor to write a statement that I can no longer work due to my sc disabilities there is no way of knowing when social security would kick in and the reality sets in as to when my next income will be coming. :(

 

[PACBRED]

1 hour ago, broncovet said:

Let me save you some trouble:  You wont be approved for TDIU while working.  

Yes, I can understand where you are coming from.  YOU feel like you can not work anymore, so that should be enough.  It is not.  A Doctor has to state, pretty much, that you can not maintain substantial gainful employment due to SC conditions in order to get TDIU.  The doctor will probably NOT do this when you are working.  

Benefits are paid in ARREARS, not in advance or in anticipitation of one becoming disabled.  If/when you are no longer able to work, and are not working, then you should apply.  Yes, its frustrating, knowing it will take years to get approved and your benefits to begin.  And, it makes sense applying now, in order to shorten that painful waiting period, so that you dont become homeless while waiting on VA to approve benefits.  

However, make no mistake.  Dont listen to the VA propoganda about how VA cares about Veterans and about how Eric Shinseki is going to eliminate Veteran homelessness by year 2012.   Veteran homelessness is alive and well, and its up to YOU to prevent it.  

If you want to prevent homelessness, then you had better be building up a huge war chest (savings account) for the long period while VA is "considering" your TDIU claim and you are unemployed and unemployable.  

I did not do that either, and became homeless when it took VA 7 years to finally award my 100%.  Had I have known what I know now, I would have built up a huge warchest before I lost my last job.  

As long as it takes years to award VA benefits, there WILL be Veteran homelessness.  I have said for a long time, they need to "switch" the people who award VA benefits with those who award payments to VA employees, so that VA employees take 5 years to get paid, and Veterans get paid in 2 weeks, instead of the other way around like it is now.   The payments to Veterans should be made by "the fast guys" that get it done in 2 weeks, versus the "slow ones" that work on Veterans claims.   

so broncovet after hearing what you had to go through did you ever think about filing for social security disability? 

[PACBRED]

1 hour ago, seminoles said:

I couldn't even get IU when failing college, my doctor saying I was unemployable while in Voc. Rehab.  I tried to stay in because I couldn't afford to lose the living stipend and wait for them to award me IU.  I failed class after class (which were online) and finally I was deemed unemployable by Voc. Rehab as well and THEN they awarded me IU.   I don't think I have ever heard of anyone being awarded IU while working, same with social security.  Social security awarded me before the VA because they/unlike the VA don't consider taking a class deems you able to work.  I hadn't worked since 1/09 and wasn't awarded IU until September of 2013.  SS awarded me in Jan. of 2013 and my date of disability was 01/09, last time I worked.  What a messed up system, thankfully my husband was able to support us those years or we would have been homeless. I also cashed in my 401k, savings, etc.  The system is def. not made to help those veterans who are no longer able to work because of their sc disabilities at all. 

I agree it is a messed up system. Everyday I wake up I don't want to go to work. All these medications they are giving me I just feel like I will be filing for a new contention of dialysis from all these meds they keep prescribing me for the pain. :( I'm still working and I'm at that point where I just want to walk in and tell them that I quit and walk out. The job isn't worth the heading and the stress and not knowing the outcome of my decision is frustrating and I know it is going to be an ongoing battle for them to award me unemployability. Everytime I go to the VAMC and they are so quick to prescribe a stronger medication. I've been working continously not able to quit for the fact that I can be homeless and bottom line i have bills to pay.