Is it possible to get a letter stating I am unemployable?

[Ocean]

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

Edited May 17, 2020 by Ocean

[Ddsr]

On 5/18/2020 at 11:20 AM, broncovet said:

Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable.  However, this statement will need to be MEDICAL evidence of 1 or 2 ways:

1.  A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE.  OR

2.  A voc rehab specialist will need a similar opinion.  

     Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO.  It was reasonable, under 1000 dollars.  He took 2 payments on my credit card.  

     A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.  

Bronco Vet is giving the best possible advice for a TDIU claim. Save money and time by getting a VOC REHAB SPECIALIST evaluate you. The evaluation is free. Apply for chapter 31 and you will be evaluated. Best way to do this is contact your local Voc Specialist as well as apply on E Benefits for chapter 31.

[Ocean]

I have been communicating with the Vocational Specialist that Bronco Vet recommended as my brother offered to pay the bill. I applied for Arizona's State VR two months ago (they helped work with my school in 2012 for extending college homework due dates). They denied me last week stating I was not medically cleared for employment.

I did apply for the Veteran VRE program a month ago, my appointments were scheduled really fast. The first VA counselor said I needed Social Security flat out. He mentioned that I was not able to use any of his programs but he was sending me to Independent Living. He also said he would be writing a letter saying something about not feasible and that it would really help for SSDI. This was on June 3, I have not gotten any letter from him and when I emailed him on Friday he just referred me  to my new counselor. Im guessing the letter he mentioned was some kind of denial, but because I am actually in a different program for VR maybe I wont get a denial letter?

[Ddsr]

On 5/17/2020 at 4:51 PM, Ocean said:

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

Try for FREE to have Voc Rehab evaluate you. If they deny you then have them write up a Feasibility Letter. I did this exact process and submitted that letter with my IU claim and my SSDI claim. Been SSDI and TDIU for awhile now.

[Ddsr]

9 hours ago, Ocean said:

I have been communicating with the Vocational Specialist that Bronco Vet recommended as my brother offered to pay the bill. I applied for Arizona's State VR two months ago (they helped work with my school in 2012 for extending college homework due dates). They denied me last week stating I was not medically cleared for employment.

I did apply for the Veteran VRE program a month ago, my appointments were scheduled really fast. The first VA counselor said I needed Social Security flat out. He mentioned that I was not able to use any of his programs but he was sending me to Independent Living. He also said he would be writing a letter saying something about not feasible and that it would really help for SSDI. This was on June 3, I have not gotten any letter from him and when I emailed him on Friday he just referred me  to my new counselor. Im guessing the letter he mentioned was some kind of denial, but because I am actually in a different program for VR maybe I wont get a denial letter?

Get that Feasibility Letter Ocean as soon as possible. Go down to that counselor that told you he would write that letter and motivate him to get that done. I did the same thing and SSDI approved first try. Good Luck.

[Ocean]

Do they still need to write that letter if you are moved into Independent Living?

[broncovet]

Ocean..

    Yes.  VA doesnt play "connect the dots".  While you may get away with it, my experience has been the VA does it one of 2 ways:

1.  If there is a glitch, they find it. 

2.  If there is no glitch, they make one up.  For example, I  have been denied benefits for "all kinds of reasons" none of which were "in the criteria".  I was denied hearing loss because "it had been too long since military service".  

Check the Caluza elements.  They suggest there are 4:

1.  Current diagnosis

2.  In service event or aggravation

3.  Nexus. 

4.  "length of time since military service".  Gee, that one isnt there.