Collecting unemployment while applying for tdiu

[Newdisabledvet]

My unemployment compensation runs out in April. I am applying for tdiu. I am unable to find work because i failed a fitness for duty and was terminated. This has all been reported to the VA. 

Will collecting unemployment hurt my chances of tdiu? I have been ruled unable to work or unemployable by my doctors. This was also submitted to the VA.  i have to make ends meet i have continued to collect this money while going thru the process of applying for tdiu. 

[Lemuel]

On 3/9/2020 at 3:55 PM, broncovet said:

Not exactly.  For at least "my state" (unless this has changed) when you send in your unemployment form, you sign that you are "ready, willing, and ABLE" to work.  

Now thats in conflict with tdiu which says you are "unable" to maintain SGE due to sc conditions.  

You cant be both "able" to work, and "unable" at the same time.  

But, dont take my word for it, as my information is dated and may not be accurate.    LOOK it up on your state's unemployment website as to their qualifications/criteria for unemployment.  Again, if your state requires you be "able" to work, then that contradcits tdiu, which says you are "unable".  

Now, many people go through a transition period and they simply dont know if they are "able" to work or not.  But...read what your doctor says.  Your doctor should decide if you are able or not.  

Remember, VA TDIU says you cant do "any" job, not just YOUR present job.  In other words, if you break your knee, and cant pick up and carry boxes anymore, you "may" be retrained as a computer programmer, for example, where you dont have to carry boxes.  

ITs my "opinion" that VA wont make your tdiu "effective" until you are no longer receiving unemployment for reasons I stated above.  

Just be honest, and let your evidence speak for itself...your opinion and my opinion does not matter that much, probably neither one of us have a medical degree, nor do we have training in Vocational rehabilitation.  

Bronco, I may have to pay back my UE but won't have to pay back my state disability insurance or my SSDI that I received until I turned 65 and was converted to SS.  I'm receiving TDIU from September 16 1985 to July 10, 2009 on an extra-schedular basis until my July 10, 2009 award on the presumptive basis of a combined 70% with a 40% TBI award as part of that.  I didn't need an IMO for that or a Rehab consult.  My SSDI Caves report substituted.

By clicking on the green L in the upper left of this post you can go to my posts and find my recent post on my TDIU award with its documentation.

My advice would be to claim state disability insurance if your state has it.  Usually for one year at the same rate as UE.  State disability insurance only last for the year to apply for Social Security Disability in CA  Also apply for SSDI (Social Security Disability Insurance) if you are qualified by having worked the necessary quarters out of 10 years of employment.  Military service counts toward your Social Security benefits.  You could also apply for SSI but that usually takes much longer and is only welfare rate for your state.  If your military service is recent your SSDI should be much larger than SSI.

There are Social Security Disability Attorneys who will do your claim for the limited % the same as BVA attorneys.  But you can probably do the claim yourself and only go to an attorney if denied.  Social Security does all of its own examinations and the SSA CAVES report substitutes for a VA rehab report and may be quicker.  But I would work on both to get the earliest possible.

On looking back at my record.  I was only on state disability and then tried a rehab that didn't work.  Couldn't stand and deliver consistently.

[Newdisabledvet]

I haven't been ruled unable to work yet. Based on what the decision is for tdiu will determine if I stop collecting ue. 

Once the tdiu is awarded you are deemed unemployable. At least that is how the lawyer stated it to me. Until then i should be looking for a job for the ue even if i can't get a job or keep a job. 

I also have a failed fitness for duty test that was submitted with my tdiu and the letter of termination which states i failed my fitness test. 

I will keep updating so as to be helpful to others. 

[Newdisabledvet]

Today i received my doctors note for voc rehab that I couldn't work. Now I am waiting on the denial letter from voc rehab. 

[Newdisabledvet]

I received the denial by my doc who said I wasn't ready to return to work. If I was to miss my therapy there would be serious regression. 

I have submitted that letter along with my failed fitness test and my termination letter.

I had lots of updates on my file today also. 

Hopefully this will be enough to be granted tdiu. 

 

 

 

[john999]

In Florida when you collect unemployment insurance you sign a statement saying you are ready and willing to go to work.  That is not TDIU.  I think it would help if you got your doctor to say you are totally disabled due to a service connected disability.  He should specify the disability and how if makes you unable to work. What is your current VA disability rating? You need to build a case that your SC disability has worsened to the point that it and it alone makes you unable to gain or hold any sort of employment.  This letter should make you eligible for SSDI as well.  You need to crush them with evidence. I feel for you since I went through a similar situation.  Are you eligible for Worker's Compensation.

[Newdisabledvet]

I have 70% for bipolar. My doctor filled out the paper from voc rehab that ask the question am i able to work. My doctor wrote no. Without continued therapy i would regress with lots of therapy i would improve.