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abnrgr88

100% IU vs State unemployment insurance.

Question

just got 100% IU. Jumped outta too many aircraft and choppers...fast rope incl. im having major back surgery next month opening from T2-L2 with rod and fusion. they just increased back from 10-20%, before any knowledge of all of this. My questions are this A). can i collect state unemployment insurance along with 100% IU? B). Should i wait to file for SSDI until after back surgery? C). when should i file for SMC-S Housebound? Thanks for the help and concern.....RLTW

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A) A). can i collect state unemployment insurance along with 100% IU?

You cant collect both if you are consider IU you are unemployable and cant work no more

you cant get both.

B)B). Should i wait to file for SSDI until after back surgery? For what you are 100%

or getting paid because you cant work no more I would file now for SSDI.

C). when should i file for SMC-S Housebound? Thanks for the help and concern.....RLTW

You will be granted this when you become housebound or your rating is high enough.

 

Edited by porgee
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1.  I agree, in at least SOME or most states.  In at least ONE state, you had to sign a form saying you were 1. Ready, 2. Willing. 3 Able to go to work in order to get unemployment insurance.  

However, to get TDIU, your doctor had  to say you are UNABLE  to work due to SC conditions.  In this state, TDIU and unemployment insurance are not compatable.  You cant tell the state you are able to work, and then tell the VA you are unable to work, and not get in serious trouble.  

My advice is to read up on YOUR states unemployment requirements (they should be online) and see if they are compatable with VA requirements.  

I do NOT recommend you lie to either your state or to VA to get benefits, as this will likely catch up to you and bite you BAD.  

2.  Waiting to file for social security disabiltiy will cost you retro, file sooner rather than later.  Many Vets legally collect VA benefits and social security disability.  

3.  While SMC S housbound is supposed to be "inferred" that is, its unnecessary for you to file for it, you get it whenever you meet the criteria.  However, expecting the VA to always follow all their rules will almost always lead to disappointment.  Go ahead and file for SMC S housebound if you think you qualify, and you probably do, under Howell, if you can not work.    If you got a recent (within 1 year) decision awarding TDIU that did NOT award SMC S, then you could/should file a NOD and dispute that they did not award SMC S under Howell and Bradley vs Peake.   

Howell and SMC S   

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

Bradley vs Peake

Much has been written on Bradley, but here is a fairly short summary:

http://ptsdlawyers.com/bradley-v-peake-housebound-rate-160-percent/

Edited by broncovet
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You

16 hours ago, broncovet said:

1.  I agree, in at least SOME or most states.  In at least ONE state, you had to sign a form saying you were 1. Ready, 2. Willing. 3 Able to go to work in order to get unemployment insurance.  

However, to get TDIU, your doctor had  to say you are UNABLE  to work due to SC conditions.  In this state, TDIU and unemployment insurance are not compatable.  You cant tell the state you are able to work, and then tell the VA you are unable to work, and not get in serious trouble.  

My advice is to read up on YOUR states unemployment requirements (they should be online) and see if they are compatable with VA requirements.  

I do NOT recommend you lie to either your state or to VA to get benefits, as this will likely catch up to you and bite you BAD.  

2.  Waiting to file for social security disabiltiy will cost you retro, file sooner rather than later.  Many Vets legally collect VA benefits and social security disability.  

3.  While SMC S housbound is supposed to be "inferred" that is, its unnecessary for you to file for it, you get it whenever you meet the criteria.  However, expecting the VA to always follow all their rules will almost always lead to disappointment.  Go ahead and file for SMC S housebound if you think you qualify, and you probably do, under Howell, if you can not work.    If you got a recent (within 1 year) decision awarding TDIU that did NOT award SMC S, then you could/should file a NOD and dispute that they did not award SMC S under Howell and Bradley vs Peake.   

Howell and SMC S   

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

Bradley vs Peake

Much has been written on Bradley, but here is a fairly short summary:

http://ptsdlawyers.com/bradley-v-peake-housebound-rate-160-percent/

You cant both  IU and unemployment benefits. Unemployment you have to be willing and able

too look for and apply for work and accept jobs for unemployment's benefits. IU you sit 

at home and collect

Edited by porgee
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To whom this may concern: A vet that is Rated IU is actually able to attempt to go back to work, the VA even provides a Statement regarding VA Voc Rehab when you get the IU Award Letter. If in fact an IU Vet found employment and maintained it for (12) "Uninterrupted" months having "Earned Income" in excess of the SGI ($12,400 or $11,400 over 65) and reported this Income & Employment on his VA Required IU Anniversary Date Income/Employment 21-2140 form, he would eventually find himself up for a proposed IU Reduction back to his CSC Rate.

All States have a "Quarters Worked" Unemployment Qualification period. Hypothetically, an IU Vet might only be able to work a certain period of time each year before his (SC or Non-SC disability) interferes. Think about Sheltered Employment or a Job where the employer makes huge accommodations due to the Vet's disabilities. The Vet could have to be off for a month or so due to his disabilities. That would interrupt the "12 Consecutive" months of employment. The Earned Income, at or above the SGI could be considered as Marginal Income and not result in a Proposed IU Reduction. 

A-88, you indicated you were just Awarded IU, was that from a Recent FDC or on Appeal? When's the last time you reported your Employment and Earned Income for the past 3 years?

Semper Fi

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I agree with Gastone  but I would be cautious of the missed work to theUninterrupted"  work months with the 12 consecutive work months, If VA hasReason to believe yourDisability has ''improved''  and sends a Reduction proposal   its going to be a fight and a lot of headaches ahead.

you might keep these regulations handy & understand completely what Gastone has mention above.

Just my opinion in my opinion the VA is referring to a self employed Vet or his soul  income is of  family run Business, not actually working for a independent company.

It is very hard to get approved for IU with all the medical records Dr's notes /opinionsVocpRehab try outs ect,,ect,,why  Jeperdized it being taken away?

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