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. 

[Berta]

I have a suggestion----if you expect a stimulus check from the GOV.

Someone here contacted Patrick Clifford, a Vocational rehab specialist-he is googlable-and he might ,for a reasonable fee, be able to give you a strong IMO that states you are unemployable due to your 70% SC, based on you evidence.

It sure might be faster than waiting for a VA Voc Rehab decision.The member here was awarded TDIU with his Voc Rehab opinion.

 

[broncovet]

Yes, Berta, that was me who used Patrick Clifford for a Voc Rehab IMO.  I recommend him.  What happened was he was recommended to me by Chris Attig, after he won a "remand" at the CAVC for me.  In the remand, the CAVC directed the Board "to determine if hearing loss alone" was sufficient to render me TDIU.  

The whole thing worked out marvelous for me.  EAJA paid 100 percent of my attorney fees at the CAVC, then I got DAV to represent me at the Board.  (Chris Attig declined to represent me at the BVA, which, again, worked out well for me)  Per his advice, I hired Patrick Clifford to write an IMO.  I explained exactly what I needed..which the CAVC decision pretty much said what I needed.  

When the CAVC judge says, "you need xyz" to get this SC.  So, I get xyz and get SC.  It was pretty simple, not rocket science.  How could the board deny me after I got "xyz" just like the CAVC said was needed?  

As I said, it worked fantastic for me (finally!) because I not only hired an attorney to win benefits, but I got those benefits without paying a cent of attorney fees.  

Looking back, if I would have gotten this IMO 10 years ago, I would have gotten benefits 10 years earlier.  Im kinda shocked that I didnt "get" this much earlier.  Berta has always said that a good IMO makes the difference.  What clouded my judgement was that my doc "already" gave me a favorable nexus..that I was unable to maintain SGE due to Sc conditions.  

But...and here is the take away for TDIU seekers...the doctor's opinion "wasnt enough".  Why?  Well, the doc isnt a voc rehab specialist, and I have to show that I cant do ANY job, not just the job I had last.  The reason, is, of course, that Veterans can be "retrained" by voc rehab to work another carrer or occupation that "doesnt" interfere with the Vets disabilities.  

An example is a Veteran who had knee surgury and has a bad limp and can barely walk.  Sure, he may not be able to do his warehouse position, but he could be retrained as a computer programmer who doesnt have to have knees that work because he sits at a desk (the VA calls it sedenary employment).  

Of course, I thought, "well anyone should be able to get that you really cant retrain someone with hearing loss".  Not VA.   During Voc rehab, they had individuals with some hearing disabilities...and there is a company who sells Kleenex and stuff to hospitals and the like advertising this creates jobs for the blind or deaf.  Well, my character is such that I couldnt sit down and day after day stuff Kleenix boxes, tho some can do that.  I cant.  Its just not me.  

So, I have to have a Voc rehab opinion that he reviewed my records and its not feasable for me to be retrained.  Yes, I already knew that.  If I thought I could be retrained, I would have done so, because Im not lazy and would MUCH MUCH rather work than collect tdiu.  

However, I have a college degree.  (Bachelors, and almost my Masters).  I simply dont have the patience to stuff Kleenex boxes.  Sure, I could do that for 10 minutes, and then I would be off doing something else.  My Voc rehab counselor IMO simply put it into words..what I already knew..

How many CAVC or BVA judges do we have who are deaf?  Zero.  You cant be a judge and be unable to hear.  Period.  Its a bona fide requirement of the job description "even tho" the job description does not say "must have good hearing".  No.  But it does say, "excellent communication skills".  A judge has to be able to hear, read, and write..that goes without saying.  But my Voc rehab said it, because VA "will not" connect the dots, "the evidence" has to connect the dots.  

[Buck52]

As for as veterans who want IU  I would think that lack of education would prevent them from finding any type of employment with a service connected disability such as hearing impairment OR knee problems OR ANY SERVICE CONNECTED DISABILITY   and to get IU how much of an education  a veteran has or his age  the VA can not use that against them for applying for the IU.

If a Veteran don't have much of an education  and is in VA Voc-Rehab  it will be hard for the counselors to find them any type of employment THAT HAS A RATED SERVICE CONNECTED DISABILITY THAT MEETS THE IU CRITERIA.

I agree with Ddsr  the  VA -Voc Rehab letter stating it is unfeasible to retrain this veteran due to his/her service connected Disability Is a GOLD standard for IU &,IMO's work great too.

[Lemuel]

I collected unemployment in 1985 and then California State Disability after that ran out.  I was just granted TDIU from the last date of my full time employment on September 16, 1985 on April 8, 2020 by the Executive Director, Compensation Services, who decides extra-schedular TDIU.  That is if you don't have one SC at 60% or a combination at 70% with one being at least 40% for presumptive TDIU.

You can find my latest posts on the subject by clicking on the Green L upper left corner of this post.  I attached the award letter and the employer's statement regarding sheltered employment. 

[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.

[Newdisabledvet]

I have an appointment with voc rehab this week. I will explain everything to them during the interview. I will update this thread once the information is received and I receive the ruling on tdiu.