Thinking about filing for TDIU, what's the process?

[noahjy]

I am rated 70% social anxiety disorder, and due to that I have issues holding a job, I was thinking about filing for UI. Ive been unemployed for 4 months now. Can I get insight on the process of getting UI? Few questions, will there be another c&p? Would there be a chance of reduction in rating?

[vetquest]

Do you have someone to assist you with this filing? 

You need to fill out the TDIU form https://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

And see if your previous employment will fill out form https://www.vba.va.gov/pubs/forms/VBA-21-4192-ARE.pdf

Yes, there will be another C&P and you can be reduced.  You are always warned that the VA might reduce your benefits if you apply but that is rare.  When I filed my claim they said they were going to send me in for a C&P for a reduction in rating but never did.   

[broncovet]

Read this, and if it applies to you, go ahead and fill in the form and send it in.  

Your doctor will need to say something very close to you "are unable to maintain SGE due to SC disabiities".  Absent this statment, you are unlikely to get tdiu.  

Its "not enough" to be unemployed.  Peope get laid off, their compay goes banko, they move their headquarters, etc.  You have to be "unemployable".  Not all people who are unemployed are unemployable.  

Get your file, read what your doc says.  Or, ask him.  "Does my PTSD and shoulder injury IM sc for, render me unemployable in your opinion?"   If he says yes, ask him to write it down in your file.  

You may also need a voc rehab counselor opinion.  (I did, and got tdiu).  The voc rehab needs to be consistent with the doctors opinion.  

You see, doctors are not voc rehab specialists.  If you meet this critera, or think you can, then apply.  If not, dont bother.  

What was the reason you are not working?  VA will want to know that.  did you get fired or did you quit.  VA assumes if you quit, you can get another job, even tho that is not necessarily the case.  

     Are you getting unemployment benfefits?  In . many states, you have to sign something that says, you looked for work, AND you are "ready willing and ABLE" to go to work.  Well, if you are "Dis Abled", then you should not sign that.  

[broncovet]

By the way, yes, VA can "look" at your other disabilities and "if" your conditions have improved, "yes" you could be reduced.  However, this happens whether you apply for tdiu or not.  So, dont worry about it, there are regulations that "protect" your disability ratings at 5 years (or P and T), 10 years, and 20 years, with each offering more protections, the longer you are rated.  

[Point_break]

11 hours ago, broncovet said:

By the way, yes, VA can "look" at your other disabilities and "if" your conditions have improved, "yes" you could be reduced.  However, this happens whether you apply for tdiu or not.  So, dont worry about it, there are regulations that "protect" your disability ratings at 5 years (or P and T), 10 years, and 20 years, with each offering more protections, the longer you are rated.  

What about if you're working in a protected work place? I miss many days due to my migraines and my boss allows me to lay down sometimes for a few hours or lets me go home early.

Edited February 8, 2019 by Point_break

[Point_break]

On 2/7/2019 at 8:08 AM, broncovet said:

By the way, yes, VA can "look" at your other disabilities and "if" your conditions have improved, "yes" you could be reduced.  However, this happens whether you apply for tdiu or not.  So, dont worry about it, there are regulations that "protect" your disability ratings at 5 years (or P and T), 10 years, and 20 years, with each offering more protections, the longer you are rated.  

What about if you're working in a protected work place? I miss many days due to my migraines and my boss allows me to lay down sometimes for a few hours or lets me go home early.

 

[vetquest]

That then would depend on your income I believe, is it below the poverty level?  They might take into consideration of a protected work place but I have never seen one of these cases go through, not to say one has not.