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. 

[jfrei]

On 5/1/2020 at 7:41 PM, Lemuel said:

The criteria for IU is not being able to do substantially gainful employment.  The presumptive IU is 70% combined with one at least 40% or a 60% single rating.  If you don't meet the presumptive standards you can still apply which I did.  I didn't meet the presumptive standard because my TLE was diagnosed as "pseudo seizures" until 2015 except for the 1990 confirmation.  Difficult to get an attorney to take a non presumptive IU claim or one without significant back pay if it looks at all difficult.  It doesn't take much to do a presumptive claim other than writing out the claim and appealing to the BVA if necessary usually.  Wasn't the case with me on either the presumptive side or the extra-schedular side.

The two most common EED are not mentioned.  Unadjudicated claims and unadjudicated appeals.  Before I finish this I'll look for an attorney post I saw that covers these two. The unadjudicated claim is my 1987 claim which was never developed just laid in the file like one you responded to.  https://hadit.com/unadjudicated-claims-eed/  The unadjudicated appeal is my substantive appeal response to the SOC in 1994 on a 1992 appeal.  The 1987 claim is finished with this decision.  It was only for TDIU.  Probably the reason it got missed is because I put in for an increase at the same time and the clerk had me do the TDIU on a separate 21-4138.

I found this one that only mentions claims.  https://ptsdlawyers.com/veterans-disability-benefits/va-retroactive-disability-back-pay/  I previously received a link to one by email from a law firm that mentioned both claims and substantive appeals.  Seems to me that a 38 CFR 4.42 non compliant injury or condition additionally affected body system was not examined would also be an unadjudicated claim if "residuals of" were claimed as insisted by the 1974 DAV rep that filled out my first claim.

The substantive appeal was a stated response to the SOC.  But was not labeled as a substantive appeal.  But there are plenty of precedence at the BVA to get it reopened for the date of the claims because it was a timely response to the SOC.

What I don't know is how seizures are dealt with.  Seizures have to be "observed or confirmed."  Mine were confirmed. Usually they are observed in telemetry (video taped EEG over 5-21 days.).  TLE often doesn't show in telemetry because you are confined to a bed with a camera on you.  Physical exercise and sleep deprivation do not always precipitate a seizure.  Mental stress is usually the precipitating factor for TLE.  Since you have to wait for confirmation before laymen statements can be considered it would seem to me the date would go back to the first observed.  The first observed for me is by a corpsman in the TBI nursing notes.  The first observed for someone who had p. falciparum malaria would also be in the inpatient notes.  But preferably by the DR. in the Progress Notes.  If you have a grand mall seizure the Dr. would be called.  But partial or complex partial might be completely over before the Dr. would get there.  My TBI was during the Vietnam War.  The staff was overworked so the Drs. didn't always make notes of such observations by the medics.  Problem with TLE is the seizures are subtle and only noticed by others as such if they know what they are seeing.  The absent minded professor kind of thing.  Acting off.  We see it a lot in intoxication and alcoholics develop it a lot.  When we see it that way, we say, "You were so off." and the person doesn't usually remember it.  We just accept it as they were  drunk.

I abstained from alcohol from 1971 until I chose wine for my cholesterol medicine in 2001.  My confirmation of seizures was in 1990 and observed by my wife and friends all those years in between in addition to the nursing notes.  There is even a witness in the SSA CAVES report that got me SSDI from a job that I was fired from in 1984. So if the employer knew what they were seeing they would probably have told me to see a Dr. for it before I was aware of it in 1985.  Probably also true for earlier job terminations. 

What looks like procrastination needs to be looked at closer.  What is the person doing?  What happens when you interrupt the not working state?  Are they an employee that immediately turns to when the supervisor appears or do they seem to not care and seem off when interrupted.  Slow to come around to the situation at hand.

Just a heads up to everyone I don’t have allot of free time anymore since I don’t have any help with my children due to the Coronavirus, it gets exhausting with my 5 and 2 year old. So if anyone has specific questions send me a message please and thank you just wish life after this Pandemic goes back soon,..,

[Lemuel]

On 3/8/2020 at 8:53 PM, Newdisabledvet said:

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. 

Apply for State Disability Insurance instead of unemployment.  They pay the same.  State Disability Insurance allows you time to get SSI or SSDI which ever is appropriate for you.  Go to legal aid to do this if you are in need or there are some attorneys who will do the SSI or SSDI and your VA TDIU for the 20% of your back pay.  No one can tell you your best course of action without looking at your file.  Also a VA VSO rep or VA Social Worker can help you at least with the decision of course of action and getting the forms to fill out.

[Newdisabledvet]

When i applied for unemployment i had a hearing. During the hearing they determined i was not eligible for state disability based on my situation at that time.  i got unemployment instead of state disability.

[Lemuel]

28 minutes ago, Newdisabledvet said:

When i applied for unemployment i had a hearing. During the hearing they determined i was not eligible for state disability based on my situation at that time.  i got unemployment instead of state disability.

That will make your TDIU more difficult but not impossible.  You had to take what you could get.  Have you applied for Social Security, either SSI or SSDI.  My Social Security investigation and examination were primary in finally getting my TDIU back to 1985 because of an employer statement about my disability in my SSDI CAVES file.  Took me 35 years to get it.  Hope you fare better.

[Newdisabledvet]

i am hoping it all comes at ok. My 70% was awarded quickly within 90days. The termination letter and the summary of why i failed the fitness test states i am unable to perform my job due to my current mental status. I am hoping with the 3 letters as well as std Ltd and intermittent fmla with all the dates I missed work. 

Here is hoping it all comes out my way. The 5 docs who say i can't work now will make it a little easier.

I will keep adding as i go thru this process. 

[Newdisabledvet]

I have No c and p exam scheduled.but both my employees returned the 4192 forms.