tdiu How Does My Family Surive?

[SABruce1]

I am over all rated at 90% of which 60% for compression fracture of lumbar spine alone and numerous others to include chemical burns at 30%, depression at 30% and 5 minor things at 10% each.

Three years ago I was making 80k with a MA degree in HR and my SPHR certification and then my neck started to hurt one day at work. I ended up having to have a neck fusion. I was out of work for a long time so I was let go when the company was sold. I started out at the bottom in federal civil service as a GS-5 in a developmental position to GS-11 because I wanted the job security for my family. Last year 2006 one of the fusion plates came loose from my first fusion and they had to redo the surgery this time from the back of my neck and placed two rods and a lot of screws and small plates in my neck. It didn't help and I was still in pain. Last year I was away from work for medical reasons for more than 500 hours and because of leave donations from co-workers my family and I barely made it through the year. I had my third fusion in March of 2007 and went back to my surgeon today for my follow-up. The pain has shown no improvement and I am still on 10 mg of methadone every 8 hours and 60 mg of Prozac along with various other medications.

For some reason the VA said my L2 spine compression was not related to anything that could have happened in my cervical so I am appealing my neck to become service connected.

Long story short version is I can’t perform my computer data input on the medications and if I don’t work I and my family of 5 don’t get paid.

If I were to file for TDIU the VA says it would take about 6 months to a year and during that time I could not work. Since there is no workers comp or disability except for $1,000 per month from the federal civil service. How can it be done? If my appeal every gets won I may or may not get to 100% which is important to me mostly because I have three teenagers still living at home and they would then get college assistance because I was at 100% TDIU (or is that only at 100% scheduler?) Which they can get tuution help only if I am at 100% or I can die from a service connected reason.

...................bottom line how can we live with out working money for 6 months to a year?

[free_spirit_etc]

I want to add to do as much research as possible to KNOW what you SHOULD be able to get - as often the people working at the agencies really don't seem to know --and might give you inaccurate information.

My husband would not have had enough work credits for Social Secuirty if he had gone from the date he applied (June 2006) However, they can go back 12 months. My husband had worked earning over the substantial gainful amount until the proceeding August -- and worked until December.

So he applied in June. The caseworker said he didn't have enough credits. (One short) -- I said -- but can't you go back 12 months? She found out she could -- He qualified. Then she tried to use December (earnings of $200) as his last month worked -- and count Jan - May as his 5 waiting months. I had to point out 3 times that I thought they should go back to August - since that was when he income dropped below substantial gainful employment before she finally HEARD me.. then she decided -- Yes -- they could go back to August. So he got 5 months back pay on his first check instead of 1 month.

Now I am going through the same thing with my son...on getting my son benefits on my husband's record. First they said he wasn't disabled because he had worked. He was declared disabled 13 years ago by SSI (when he was 14) and worked part time less than 2 months for his father (and had his SSI reduced).

Our current appeal is based on Social Security saying that the facts do not show that my son was living with my husband or receiving contributions for his support from him when he died.

I have no idea where they pulled that from.

So now I have to go back and show them - Well YOU (the Social Security Administration) reduced my son's SSI payments by 1/3 BECAUSE he was living with us and recieving room and board from my husband. So you are going to have to decide one way or another. You can't say he WAS living with us and recieving support in order to reduce his payments on SSI -- and then say he was NOT living with us and receving support to deny him SSD benefits.

Thye just kind of rush through things and make pretty flippant decisions.

So you can't count on the people who are supposed to be "in the "know" actually knowing what they are doing -- So just because one person (or ten) at an agency say you don't qualify -- that doesn't mean that you don't.

You have to learn the regs --and be your own advocate.

And if you call a toll free number --and the person says Hmmmm..maybe its.. They probably don't know -- they are just winging it..

Free

[Ricky]

As you well know the VA road is a long one. As provided below with the help of the family you will be able to pull this off. I was in the same shape in Jan 05 after my stroke. However, I was luck enough to have had a small retirement fund that I cashed out to carry us through (VA was supposed to have rated me 100 percent for six months, however, still has not happened). It help us through but boy is it hurting now. It was a little over 34,000.00. Three days ago I got a letter from the IRS. They say that blah blah blah...... so now you owe us 17,105.00 in taxes, please enclose payment in full in the provided envelope hahahahahahahahahahahhahahahahahahahaha. Yep let me get it from under the mattress. If my temp 100 percent claim had come through I would have made it without the retirement fund but like I said it still has not been adjudicated (under appeal). However, back to you, the other help I received was from my loving spouse who had not worked in many years. However, she jumped in and worked for the next 12 months which put food on the table and kept the power on while the retirement fund keep the foreclosure rats away. My teenage daughter took on the house work, baby sat and took care of good ole dad while mom was at work. We did not eat steak but we did eat. So don't lose hope, it just has to be a family effort and you will make it. After it is all over with you will definitely have some lasting memories, many that are hallarious but all will be about the closeness of the family and the way that all stood together and beat it.

If you can not work and you know for sure you can not go back to work - GET YOUR TDIU claim in NOW...... Don't fool around with it just do it. The same for SSDI (this will be a requirement you can not get around if you file for disability under FERS). There will be an offset between the FERS and SSDI but after the initial offset (1st year) you will still be able to get a little from FERS. Then with all the time on your hands keep working your claim in an attempt to get 100 percent scheduler. That way if you are able to at a later date, maybe 2 or 3 years down the road, if able and you want to you can go back to work doing something you like. You will loose SSDI at that point but then the offset between it and the FERS will not be there for with FERS disability you can work as long as you do not exceed 80 percent of the salary you were receiving at the time of your disability retirement. Just some food for thought - BUT YOU CAN MAKE IT WITH A FAMILY EFFORT.

[robert51]

Like Carlie, I have watched as veterans have lost everything, file bankruptcy, lose their homes... all the while waiting for the VA to make up its mind. Yet... I know your situation is serious, but I dont see enough information to give you any other answer than I dont know....

I suffer from Cervical as well as Lumbar injuries... and they are service connected, but I just dont have enough information about your claim to state anyhting other than, like Carlie says, you will have to trim off everything. If you do work and file for TDIU, well you are in fact working... so the VA will say, with only 1 rare exception that I know of, you are working so you can work... period. That exception is in "protected" jobs in which ONLY disabled veterans can be hired... and I dont see that in your case.

So, I am sorry but your options are limited... if you work, the VA will most probably deny TDIU. If you dont, well only you can say what will happen then. There's a guy called Dave Ramsey... do a search for him on the internet... and try to read some of what he councils... maybe you can find some answers theer. I certainly believe in him....

I'm sorry, but unless I have more info, thats all I really can say...

a little off topic but when the vet is trying to get this stuff thru the slow VA system he suffers.. but last week i get a notice from IRS saying they are missing some papers from 2004 but will give me 15 days to comply and if they dont see anything in 15 days they will deceided how much i own them without my imput... And another thing if you own them money there are large fee's and interest to pay when they owe you ha ha ha .. very one way .. on topic i only waited 2 months for IU its pretty much a yes or no and the doctors word has a lot to do with the ans.

[Pete53]

I lived off my 401K for awhile and the IRS said I owed over $54,000. Part of the reason I cracked in 1991 was pressure from IRS. To make a very long story short is the IRS will leave you alone if you are disabled. They will send you forms about how much you paid and after 10 years they will write it off. Its not a fun 10 years though.

The biggest mistake I tried to work out a tax forgiveness plan with the IRS and it extended the 10 years. If you manage to hold onto your home they will not allow you to pay part of your taxes and forgive the rest.

I tried to get the IRS to let me pay out the amount I owed sans penalty and interest and they would not accept it. I hate the IRS worse than the VARO.

[SABruce1]

john999; carlie; sixthscents; robert51; Pete53; allan; free_spirit_etc; Ricky

Thank you for your time and advice. Just takiong the time to type in a little advice has helped to turn my world around when I got up this morning.

Bless each and every one of you and you are all in my prayers.

Respectfully

Bruce

Edited April 26, 2007 by SABruce1

[SABruce1]

john999; carlie; sixthscents; robert51; Pete53; allan; free_spirit_etc; Ricky

Thank you for your time and advice. Just takiong the time to type in a little advice has helped to turn my world around when I got up this morning.

Bless each and every one of you and you are all in my prayers.

Respectfully

Bruce