Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Definition: Unemployed vs Retired does age determine?


Question

I have answered this question hundreds of times in the last 8 years, probably wrong.

I am looking at answering this for the VA purposes on 10-10 EZ and I only think I know the answer.

I was working in 2010 in the private sector, when I was 'awarded' SSDI (SS Disability) and I was 'awarded' LTD from workplace insurance carrier (it is an income % replacement when added to SS, no double dip). This LTD will disappear at 'retirement age' in their dictionary. 66+ something.  I am under 65 currently. 

What is my status for VA purposes? Am I retired? Am I unemployed? 

I am thinking it makes a difference how I fill that in. 

Link to post
Share on other sites
  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Posts

If you are SSDI and unemployment insurance from your job you are done.  The VA considers you unemployable at this point if your military disability is the reason for your SSDI and private insurance. 

This is based on my experience  and the experience of others who have gone on SSD. I am not sure why you are asking this question.. but if it is to file for VA disability benefits  you likely alr

Recommended Posts

  • 0

If you are SSDI and unemployment insurance from your job you are done.  The VA considers you unemployable at this point if your military disability is the reason for your SSDI and private insurance.  Unfortunately the VA does not just roll over if you have these two awards.  It took ten years for the VA to declare me TDIU when I had both.  They argued that I was still employed since I was getting private insurance, that I was disabled due to disabilities other than my military disability, that I was still able to work and the list goes on.  I had to go to the BVA before someone actually read my file and declared me TDIU.

  • Like 1
Link to post
Share on other sites
  • 0
13 hours ago, Richard1954 said:

Normally an . SSDI  award  means you cannot work.....   the va will consider you retired, due to the inability to work.......

thanks Richard, may I ask are you basing this on opinion or on experience? 

I always double or triple source anything...always, and the last place I would trust is to call the VA (as I feel it would just be the daily opinion of the person on the phone line on 'some' days, as it seems to be that way most places, like calling the IRS) or just like trying to fill in form 10-10 ez, it is different in content for where you find the form.

I am hoping someone else chimes in, with a link to an experience, and maybe you can expand how you come to that conclusion.

I actually don't need it now for the purpose that I was going to use it for.  10-10 ez on downloaded paper asked that question, the online fill in version 'at' the location I filled it in at 5am....did not ask. But, I might come across that question again. 

I have been trying to digest volumes of forums, blogs, gov sites, and I seem to remember reading that while the lower levels of VA claims processing try to do what you propose, say that if one receives SSDI and in this case workplace income replacement, this is double proof of someone 'not being employable due to disability'. 

But, it seems that I also read, that it has been argued and won in higher levels (I will get all these terms in time) that not only before retirement age, but even after retirement age, that for VA claims purposes, unemployable definition has to due with the effect of SC conditions on the ability of the 'average' person to work (I believe this would transfer to secondary to the SC, also). And it is not reduced by the persons age nor, if or not SS does anything. 

So, while for the last 8 years I have said in most cases when asked either in person or on paper, what is my status? I say retired.  But, upon closer examination I receive a W-2 from that private insurance company that reports wages on line 1, but, it has a visible code for (third party sick pay) which says I am not able to work, but that I am also NOT retired, for when I reach retirement age, the policy ends, and I have not reached that age. 

So, that is what I was looking for. 

To complicate matters or maybe to make them simpler if one was using logic. SSA automatically changes SSDI to 'regular SS retirement' at attainment of age 65.  My workplace policy doesn't until the magic calculated congressional budget retirement age of 66+somethin. And then I read VA has ruled for some cases that age has nothing to do with. For TDUI purposes....I am really confused now.  For now I remember reading that VA considers 65 as retirement age? 

I do have some cognitive issues, while I have I believe tremendous insight compared to what I am supposed to have on paper, I do have problems juggling these many concepts and writing them down to where I remember what I was looking for.  So, please excuse me or I ask for the allowance I need to be long winded to make a bookmark for what I need.

In my case, to make the point about them not being connected, my eventual SC disabilities (not yet claimed, nor awarded) have nothing to do with my SS award, as they do not share the same issues for the award.  And the SC issues manifested to point of being rateable long before the SS award.....I believe that makes a difference...
 

now i know what beliefs are worth....nothing in this arena, that is why I am asking, I am sure I will have to deal with this question again somewhere in the near future.

thanks


 

Link to post
Share on other sites
  • 0
12 minutes ago, vetquest said:

If you are SSDI and unemployment insurance from your job you are done.  The VA considers you unemployable at this point if your military disability is the reason for your SSDI and private insurance.  Unfortunately the VA does not just roll over if you have these two awards.  It took ten years for the VA to declare me TDIU when I had both.  They argued that I was still employed since I was getting private insurance, that I was disabled due to disabilities other than my military disability, that I was still able to work and the list goes on.  I had to go to the BVA before someone actually read my file and declared me TDIU.

thanks, 
 

Above I said my SS didn't share the same issues....I will ask you to read between the lines here, as my case is so complex I have no illusion that I will accomplish this in my lifetime, my pancreas has been acting up, chronic pancreatitis, surgery around the corner, and I bought a diabetic test kit to find out for myself what these crashes are about, and I am sure I looking at being on of those blog entry statistics of not being around maybe even as soon as all the dots are connected.  

My toxic exposure 'is' responsible for all of this. I will have a real hard time 'winning' the truth from the VA. SS doesn't care where my problem came from as long as I paid in the quarters and then some and then more. And when I was awarded SS I really had no 'proof'...and not much of a clue...I do now. 

So, while I have about 30% future ratings from military experience not related to toxic exposure, I have a pretty voluminous list of issues that are going to found to SC and chronic to day 1, whether VA agrees or not. 

And if this all comes to pass as I see it now......the diagnosis that I received when I was awarded SS.....will have to be revisited.  Not the effects, but the name, the cause, unless it may more likely or not co morbidity.

What a mess.

Link to post
Share on other sites
  • 0
1 hour ago, ToxicSgt73 said:

hanks Richard, may I ask are you basing this on opinion or on experience? 

This is based on my experience  and the experience of others who have gone on SSD.

I am not sure why you are asking this question.. but if it is to file for VA disability benefits  you likely already know that only medical conditions that are considered service connected will result is  a disability rating.

Now in my case I was medically retired from civil service because of a service connected medical issue ( my back)... I applied for TDIU and it was awarded in record time 3 months..... but if I had been medically retired for medical conditions not service connected I would not have been awarded TDIU. I continue to this day to draw a civil service retirement and still got the W2 until I turned 65., because it was considered taxable pay... you insurance payment and SSD may also be taxable and the reason you get a W2 form. 

You also must realize that the VA does not always record SSD, as a reason to award TDIU, again because it must be for a service connected issue.

Also VA does not consider age in any I say again does not consider age,  for service connected disability awards... I was drawing TDIU at age 45.. 

 

  • Like 1
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines