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dilemma

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andrewdc

Question

I'm currently 100% copd and 50% mental with a host of other rated disabilities. I currently work, but have received many reprimands due to my forgetfulness (memory disorder) so continued employment is shaky at best. I feel I would qualify for ssdi now, but haven't applied because I don't have the financial resources to wait 6 months for ssdi payment assuming I qualify. So, I have put in for an increase in my mental rating and although struggling to work, feel I could be deemed total occupational and social impaired. My wife who was retired for 6 years recently went back to work to help us in the event I am terminated.  My eval is Thursday and my wife helped me put together my current mental status as I would probably forget some key items during the eval. my question is, is it possible to receive a 100% mental rating while still maintaining employment. due to my mental issues, I'm hoping to get smc L at some point.

MCI, Depression, Anxiety, Sleep Disorders

COPD, Sleep Apnea, Diabetes, neuropathy, Hypertension, Sinusitis, Allergic rhinitis,

Medicines (see attached)

 

  • Forget to put car in park before exiting car

  • Left stove burners on unattended

  • Forget to take daily medicine

  • Severe anxiety in crowds- profuse sweating

  • Forget grand kids and other relatives names

  • Forget where going while driving

  • Dr simukuvar (va pschyistrsit) advised me to stop driving)

  • Forgetful of date and time-forgot daughters recent birthday

  • No emotion to anything

  • Unable to focus at work

  • Forget who I call

  • Unable to remember person I am speaking with

  • Forget short term instructions

  • Severe difficulty understanding instruction

  • Judgement is poor, makes bad decisions regarding finances, work, and relationship

  • Unable to function in crowds—extreme sweating

  • Unable to maintain friendships, withdrawn

  • Speech issues,,,words don’t come out as intended

  • Hit knees with fists when I’m overwhelmed or anxious

  • Forget to wash hair or brush teeth, hygene4 is deteriorating without wife intervention

  • Unable to tell whether certain dreams were actual events or just dream.

  • Continue issues with sleep---fragmented

  • Obsessed rituals, 16 pumps of soap, 4 pumps shampoo- don’t know why

  • Careless driving

  • Poor memory especially short term-

  • Will be applying for ssdi due to current medical conditions as unemployment is eminent due to poor function at work. Feel will qualify now but unable to apply as payments don’t begin for 6 months after approval. All work reprimands related to memory issues.

  • Linda- assumed control of finances and bill paying, all meal preparation, all medicine management, monitors all my activities.

  • Prefer to be by myself and not around people.

  • Only hobby is fishing

  • Irritated easily

  • Always tired from slack of sleep

  • No energy

  • No mood

  • Have fallen asleep while driving more than once

  • Nervous often

  • Rely heavily on wife to manage daily activities

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  • Content Curator/HadIt.com Elder

I answered some questions below and also provide some additional details about some programs which might help.

 

100% P&T = SSDI fast track program

From what I hear, if you file for SSDI while employed, you will get denied. However, if you are 100% P&T (not just 100%), then the SSDI is supposed to fast track your application. Keep in mind that the criteria for SSDI are different than for VA disability claims.
https://www.ssa.gov/people/veterans/100pt.html

 

Single 100% MH rating and Employment

If one has a single 100% mental health rating, by definition they are deemed to be 100% occupationally deficient. Other veterans who had a 100% MH rating and went back to work were recipients of new C&P exam and potentially a reduced MH rating. The IRS and VA apparently work together very well so the VA can tell if you have a job with reportable income.

 

Additional VA Programs

Explore VA's "Aid and Attendance" and "Housebound" programs.
https://www.benefits.va.gov/pension/aid_attendance_housebound.asp

Explore Voc Rehab and the Independent Living Program.
https://www.benefits.va.gov/vocrehab

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Since you are at 100 percent, the only increase you could get with VA would be special monthly compensation.  About the only thing you could get, additionally, would be SMC S, which would net you an additional 354 per month.  

I dont see how you could be approved for aid and attendance while you are working.  But that is just me.  I dont know how you could require assistance from others, yet be paid for your work.  Maybe, I just dont get it.  

I have no idea where you work, but many places have short term disability which would help with the first six months.  

Im not trying to be critical here, but if you are getting 100 percent VA, plus your wife working, it would seem like you need to work on your finances to get those in order.  I would think you could survive on 100 percent VA plus wifeys job until ssdi kicks in.  It sounds like you make plenty, but maybe you are spending beyond your means.  

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  • HadIt.com Elder

If your memory problem is that bad you do need to stop driving  and this usually means you have to stop working..either go to your MH Clinic and let them  Reevaluate you. Check with SSA for expedite of claim.&..not have to wait 6 months Special Circumstances

was any of your S.C. Conditions/Disability's caused by or Related to TBI? (Traumatic Brain Injury)

You might want to Look into the VR/E  ILP (Independent Living Program) and see if they can help you get some things you may need around your home..and try to get a feasibility letter..that should help you to get the A&A  SMC.

  Be cause even though your 100%  to qualify for SMC You would need another 60% for SMC...However there are rules & regulations that govern specialist Circumstances. Depending on the severity of your Disability's.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Not much they can do for memory problems  other than make sure your safe &try different medicine and you need A&A  there is Meds for Memory problems  but the effectiveness of those depend on each Individual.

The VA Will Pay your spouse to help take care of you  its not much but maybe enough to get you by until you can get the SSDI Coming in..Or if you have worked & paid in to the system 10 -30 past years and your age 62 You can get early Retirement.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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9 minutes ago, Buck52 said:

If your memory problem is that bad you do need to stop driving  and this usually means you have to stop working..either go to your MH Clinic and let them  Reevaluate you. Check with SSA for expedite of claim.&..not have to wait 6 months Special Circumstances

was any of your S.C. Conditions/Disability's caused by or Related to TBI? (Traumatic Brain Injury)

You might want to Look into the VR/E  ILP (Independent Living Program) and see if they can help you get some things you may need around your home..and try to get a feasibility letter..that should help you to get the A&A  SMC.

  Be cause even though your 100%  to qualify for SMC You would need another 60% for SMC...However there are rules & regulations that govern specialist Circumstances. Depending on the severity of your Disability's.

I am currently smc s (100% copd), 50% mci-mental, 30% sinusitis, 30% allergic rhinitis, 20% diabetes, and 4 10% ratings for nerve sciatica

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  • HadIt.com Elder

ok gotcha

your basically wanting to get SSDI Coming in..and you checked on it ..they will give it to you but you need to wait 6 months before the checks start coming in....Right?

if this is the case  you can see if the VA Can help you with ..A&A  but if your getting SMC  A&A  I can't see them helping you any more than that?

If your still working now STOP.

You may have to wait out the SSA 6 months Period.

 We had to do that when my spouse was declared totally disable by the SSA.

6 months after she was let go by her Employer then she had to wait 6 months for SSDI To kick in she was 60 at that time.

And I am 100% S.C. with SMC's..We got by  we were more Conservative.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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