Bear wid me plz,

Im at crossroads on wether to file for IU or other claims like Migraines and Vertigo that I feel are present because of diagonesed TBI.

Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work.

Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. Hopefully it will git better in the future. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable.

I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.


Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet.

any opinions...

THX to alll thatst serve

JACK

Apply for IU. If you can't work now that is what the rating is for. If you get SSDI you won't be able to do any real work anyway. I know it is hard pill to swollow but you should think ahead. What if you get worse? You don't want to wait until you are a basket case to file for IU. The sicker and older you get the harder these things are on you.

I also understand that havin the perfect letter might be VA DRS PscyH DRS stating u cant work totally because of the s/c conditions along wid clinical reason.

But DRS stating u cant work means that u cnat work. RIght??? I know it depends on the rater n how they look at it.

My DR didnt state totally cant work but just cant work cause of PTSD and gave reason why.... which is why the legion rep said shouldnt be problem gittin IU but not TDIU. NAny thoughts???

THX

JACK

John..I agree its just hard to swallow..like wantin to be back in Iraq for nother deployment. Im currently in nat'l guard but not attendin drills based on VA PSYCH letter stating I shouldnt be at drills workin or definitely not on deployment. Im curious how VA or SS looks at dis...To me it looks exactly what it is....I cant work anymore even at a part time job..or should I say cant work at dis one and from previous tries no other jobs.

My VA rep has suggested that VA and SS could look at this as u r still employed regardless of wethere u r workin or gittin paid. And because of possibly entereing the MEB/PEB(not there yet cause of unit draggin their heels) process its possible that decision could come back fit for duty. Now wid the evidence I have behind me I have no doubt it will be unfit. But I can see where that argument can arise.

Any opinions???

THX JACK

Jack,
You're still active duty ??
If yes -
I do not understand how you can already be receiving VA Disability Compensation
at any or 80 %.
carlie

Here is a definition of the National Guard. I would like to know if your in the national guard and are assigned to a combat area, like Iraq, are you considered as active duty person in the same respect as Army, Navy, Marines, Airforce, etc..


National Guard, U.S. militia. The militia is authorized by the Constitution of the United States, which also defines the militia's functions and the federal and state role. Article 1, Section 8 provides that Congress shall have the power to call forth the Militia to execute the Laws of the Union, suppress insurrections and repel invasions. Congress was entrusted with organizing, arming, and disciplining the militia, but the appointment of officers and the training of the militia were reserved to the states. Further provisions were made in the Second Amendment. In peacetime the National Guard is placed under state jurisdiction and can be used by governors to quell local disturbances, as in Newark and Detroit riots in 1967, and to help in times of local disasters, such as floods and hurricanes. In times of war or other emergencies the National Guard is absorbed into the active service of the United States and the president is commander in chief. The National Guard has been partially mobilized during the Korean War, the Berlin crisis of 1961, and the Persian Gulf War and for peacekeeping in Bosnia and Herzegovina. The National Guard's equipment and personnel are standardized to conform with U.S. army regulations. Enlistment is voluntary; compensation, paid by the federal government, is given for periods of drill and field training. The Air National Guard was formed in 1947


My question is are you considered an active duty military person or a national guard in the true sense?Or does it make any difference?


t&b

My .02 and most of it is probably paranoid fantasies in my mind.

I would not file for ssdi, you close options if you have ssdi..

I don't think the pysch letter will get you IU.. my opinion.

Personally I think the VA has in in their minds that mental conditions can be treated and you will eventually improve. Or at least that is the policy of the VA and influences their rating decisions.

The way you should try for IU is through migrainines and vertigo. Get a neurologist to sign off and you got a slam dunk for IU.

The other thing you should do is try to get employment.. Whether it is with the census as a temp or Walmart.. try and get work.. even show up a few days. Who cares.. try and get past your problems. it will not hurt you,and will probably help.

Enroll in Vocrehab.. try and improve yourself.. Besides it pays well.

Build a case that you are trying.. as the VA wants you too.. It will not be held against you.

After you get Vocrehab, do classes for a few semesters..

Then go to your neurologist.. .say you are trying vocrehab and having issues.. say you are going to file for IU, but you need help from him/her.. ask if their medical opinion suppports it...

Then file for IU... If you are awarded IU you can always go back to work if you want, you can even do Vocrehab ( they actually encourage it, the vochrehab counslers don't ).

If you get ssdi.. you close the working door, and vocrehab.. and trying to get work to help your IU claim


my .02... keep in mind I am heavily medicated right now and just rambling....

If he ain't working what does filing for SSD matter? And, getting IU for mental disorders is very common. Obviously, I think he WOULD want to do all these things i.e. work at walmart, voc rehab...etc. but if you can't you can't. You're playing shrink with him and I would expect his own Psych would tell him this stuff.

aNDHE CAN WORK EVEN IF GETTING ssd. sPECIFICLLY, HE CAN WORK 9 MONTHS MAKING AS MUCH MONEY AS HE CAN WITHOUT OFFSET.


frank

In dealing with VBA and/or SSA there are NO "slam dunk" claims.

jmho,
carlie

How many people would take this risk ?
Not me.
jmho,
carlie

It's not a risk, it's a regulation. It's called 9-month trial work period. Also, even if he gets SSD he can go back to work anytime he wants. It's his choice if he does go back to work. In the mean time, if he can't work, at least he's getting a monthly check.

frank

He is not going to get vocrehab with ssdi... that is why i said it closes some options..

and yeah there are slam dunks with TDIU, just not with mental disorders. you can go check the stats for yourself.. like I said my paranoid ranints.. Read the cfr for IU, it clearly states the slam dunks.

I am very familiar with the trial work period, so is my sister-in-law Judy,
as she has been employed at SSA almost long enough to retire.
This is one of their favorite red flags - just let your taxes start being
taken out of your paycheck on a regular basis, after awhile start looking
over your shoulder and smile for the camera.

jmho,
carlie

I am getting tired of seeing people on this Board who have only been here days or months giving advise that is bad advice and has not risk to the giver but extreme risk to anyone who takes it. From now on I intend to point out or call out bad advice.

Wholesale you have been here about 2 months and no one knows you or has experienced with your advice. I have asked you to pipe down on comments that did not concern your own claim and hopefully just stick to supporting people here.

It appears that you do not get it but I hope that members here think carefully before taking an action on advice given by anyone on Hadit who does not at least have some expertise or has something to back them up besides their own opinion

Winning a SSD claim often helped Veterans secure their 100% with VA.

Airborne:

This only applies to your comment but I has SSD and was given Voc Rehab by VA.I have no problem with your posts in general Just want to set the record straight.

I am going to look at the lighter side of things,


Now, I am asking you, if I yawn at this thread and I mean really loud Yaaaaaaaaawwwwwnnnnn. I hope I won't be arrested. Flogging is okay....But in the meantime, I think I will partake in some frozen yogurt, before the badge, knocks on the door.


t&b

What i'm saying is there is NOTHING wrong with him getting ssd if he can't work. What is the big deal with that?


Is this BAD advice? As far as 9-month trial work period i been through it so I know first hand it don't bring up RED FLAGS. In case you don't know what a 9-month trial work period is it is a regulation set up FOR THE BENEFIT OF SSD claimants if they want to return to work and to see if they can sustain work. What is so bad about this?

Don't understand all the gripe. If I give bad advice then quote the bad advice and if i'm in the wrong I have no problem admitting my mistake.


frank

wholesale,
Of course he should get SSA benefits if he can't work, I don't think anyone would have any argument with that at all.

The "big deal" is your blanket statement's,

1) "aNDHE CAN WORK EVEN IF GETTING ssd. sPECIFICLLY, HE CAN WORK 9 MONTHS MAKING AS MUCH MONEY AS HE CAN WITHOUT OFFSET."

2) "It's not a risk, it's a regulation. It's called 9-month trial work period."

This is specifically stating that the disabled can go work for 9 months, get paid
$10,000 or more a month and not be taking a big damned risk.

If you would like to do so - I wish you the best of luck

BUT............

I do not want our member's led astray thinking this will not cause
them any grief down the road because it damned well will.

The 9 month's is a trial work program as you stated.
SSA implements an unwritten policy that if the 100% fully disabled person
becomes able enough to work for 9 continuous months -
if they have not incurred any additional disability, there WILL be a full audit
for re-evaluation purposes.

The program is in place to get us off their friggin payroll.

carlie

I get VocRehab RIGHT NOW and I get SSD. Where did you get this info? Ok, I do agree Mental disorders aren't slam dunk and some are like loss of limbs etc but Vets do get IU all the time with mood disorder.


frank

I suggest that anyone filing for IU, with or without mental health disabilities,
please do not expect that your claim will be a "slam dunk", as in easily granted.

For even if your sick as a dog, if IU is granted right from the get-go as in "slam dunk"
consider yourself as having some luck on your side.

jmho,
carlie

http://www.socialsecurity.gov/disabilityre...etailedinfo.htm
[b]
<A name=TWP>Trial Work Period[/b]

SSDI -- The trial work period allows you to test your ability to work for at least 9 months. During your trial work period, you will receive your full disability benefit regardless of how much you earn as long as your work activity has been reported and you continue to have a disabling impairment. The 9 months does not need to be consecutive and your trial work period will last until you accumulate 9 months within a rolling 60-month period. Certain other rules apply.

Extended Period of Eligibility

SSDI -- If your disability benefits stop after successfully completing the trial work period because you worked at the substantial gainful activity (SGA) level, we can automatically reinstate your benefits without a new application for any months in which your earnings drop below the SGA level. This reinstatement period lasts for 36 consecutive months following the end of the trial work period. You must continue to have a disabling impairment in addition to having earnings below the SGA level for that month.


I been through ALL OF THIS. I started working, used up my trial period, and then about two years later left my job due to my mental illness. I then went down to SSD and they started my benefits back up AUTOMATICALLY. No exams, NADA......I'm coming from my own experience on this. This isn't a BLANKET STATEMENT unless you're saying the Social SEcurity website is a BLANKET website.

frank

Wholesale,
I am not going to keep batting this back and forth.

I will simply REPEAT THE POOR ADVISE YOU ARE PUTTING OUT TO MEMBER'S,
and all those receiving SSA Disability benefits.

Hey - all you people out there collecting SSA Disability benefits.
If you go sign up for SSA's 9 month trial work program and get yourself
a job and make a ton of money -- guess what, if this job doesn't work
out for you -- you will continue getting all of your SSA benefits and have
absolutely no repercussions - no break in benefits - no questions asked -
no re-examination - no worries.

And to think all this time we've been concerned with petty things like
income property - paper routes and vending machine businesses.

Just trot on down to SSA and sign up for the program.

Please, please,please, anyone on SSA - do not believe this bunk,
as it truly is not nearly as risk-free as stated.

jmho,
carlie

Airborne:

I apologize. I should have never included you with Wholesale. You made a casual remark that I just did not agree with and I do not consider you a problem.


Hadit Members:

To be clear what I consider a problem is Wholesale making wise ass remarks and giving bad advice to Members. I also consider some of the questions that he asks to be out of line.

I have tried to work with him but either he is dense and does not get it or he is one of the disruptor's we have endured under other SN's.

I am warning the Board that before you take anyone's advise on something as your claim or Social Security you had best keep in mind that it can affect you.

By the way a SSD trial work period can be an indication to the VA that you can work. If there is anything that is clear is if you can work in most cases it is preferable to being on disability.

My comment was not aimed at you Airborne I thought that I had separated it from Wholesale but not well enough

I also apologize to Hadit as I guess that my last three or four months have caught up to me and I am frustrated and angry. I know I hate it when my frustration in life and on this Board with one or two people who appear to me to be clueless has made me do some dumb things on this Board.

I especially apologize to TBird and the other Moderators. Also to the Members cause lack of sleep, depression, irritability and poor judgment may have had an adverse impact here.

Wholesale I hope that Tbird bounces you but I am not in the proper frame of mind to be fair. I suggest that if you want to stay here that you apologize and make a plan to be a better member.

My last comment on this issue is that many who are fighting there claim are here because it has been terribly hard and difficult and that encouragement and consideration can be as important as knowledge. If you read Hadit as a new member the stars do come out. We have some here who have unselfishly helped with good advice for many years. It does not mean that they are always right either.


I am not leaving or doing anything but I think I will stand down till I can talk to some of the people who I respect on Hadit and to Tbird.

I just cannot understand why there are always a few people who just like to xxxx with Veterans who are only trying to secure earned benefits.

August has always been a bad month for me

Jack, back to your original post, it is up to you to decide if the time has come to file for TDIU or SSD. I am on both and do not really like it but it's how my family is surviving.
Point I would like to make is for you to realize the time frame you are dealing with. In my case TDIU took a year and a half and SSD over two years.
Also, Jim Stritland on the VA Watchdog site recommends TDIU over 100% schedular. He says TDIU is easier to protect against a review.

Take care, Terry

If VA claims were slam/dunks there would be no Hadit. When you are experimenting with your ability to pay your bills I would proceed cautiously. I have IU and SSD. If I went to work earning 10,000 a month for 9 months and then quit do you think the VA would look kindly on that? If I could make 10,000 a month why would I need to be on SSD or IU? Let's get real. Most of us spent months or years in the wilderness waiting for our SSD or IU/100%. I lost 20 pounds just waiting five months. I don't want to go through that again for any reason.

I'm not saying DO IT. I'm just saying that it is a benefit if you find you're able to go back to work and want to go back to work. Anyone that is on SSD can go back to work if they so choose. Ultimately, it's up to the claimant on how they pursue this. Would you rather people on here to NOT KNOW what's in the rules and benefits if they so choose to work? I really don't understand your rationale on this.

You're really making this a lot more complicated than it is and blowing it out of proportion.

Hey, any of you that have SSD or want SSD you are ultimately the one that will choose your destiny on this. I just have said that I've been through this process and it worked for me. Again, it's ultimately your choice.

This "GANGING UP" on someone posting a SSD rule and their own experience is really childish.

I'm done with this subject. It's become an adolescent game.

frank


te53' post='160252' date='Aug 14 2009, 03:07 AM']Airborne:

I apologize. I should have never included you with Wholesale. You made a casual remark that I just did not agree with and I do not consider you a problem.


Hadit Members:

To be clear what I consider a problem is Wholesale making wise ass remarks and giving bad advice to Members. I also consider some of the questions that he asks to be out of line.

I have tried to work with him but either he is dense and does not get it or he is one of the disruptor's we have endured under other SN's.

I am warning the Board that before you take anyone's advise on something as your claim or Social Security you had best keep in mind that it can affect you.

By the way a SSD trial work period can be an indication to the VA that you can work. If there is anything that is clear is if you can work in most cases it is preferable to being on disability.

My comment was not aimed at you Airborne I thought that I had separated it from Wholesale but not well enough

I also apologize to Hadit as I guess that my last three or four months have caught up to me and I am frustrated and angry. I know I hate it when my frustration in life and on this Board with one or two people who appear to me to be clueless has made me do some dumb things on this Board.

I especially apologize to TBird and the other Moderators. Also to the Members cause lack of sleep, depression, irritability and poor judgment may have had an adverse impact here.

Wholesale I hope that Tbird bounces you but I am not in the proper frame of mind to be fair. I suggest that if you want to stay here that you apologize and make a plan to be a better member.

My last comment on this issue is that many who are fighting there claim are here because it has been terribly hard and difficult and that encouragement and consideration can be as important as knowledge. If you read Hadit as a new member the stars do come out. We have some here who have unselfishly helped with good advice for many years. It does not mean that they are always right either.


I am not leaving or doing anything but I think I will stand down till I can talk to some of the people who I respect on Hadit and to Tbird.

I just cannot understand why there are always a few people who just like to xxxx with Veterans who are only trying to secure earned benefits.

August has always been a bad month for me[/quote]

So if you're making $10,000 month you would quit your job after 9 months and go back on SSD getting a check at a fraction of this? This being if you can work?

If I could work I would love to have a job making $10,000 month? Sign me up

frank

Jack, You should by all means file for SSDI and IU, if you can not work due to your SC conditions. In my opinion there is no such thing as a perfect IMO, but it can be a real asset and tip things in your favor. Also, I am in the dark really as to your situation in the National Guard. Were you active duty in the armed services or just National Guard. I am just not familiar with how you are SCed and still be on call for deployment to Iraq. Maybe I misunderstood some of your post. Also, sorry for bringing in the yawn factor, I was just trying to lighten things up, as they were getting heated and your post to start this thread were being stepped on. Get back to us on this. For the most part were all here to help and sometimes things just get ou of control.


t&b

I couldn't agree more....well said, frank

in case of fire, break glass and read:

http://www.socialsecurity.gov/redbook/

How do you know if you qualify for IU?

I am a Soldier, still on active duty, with a total knee replacement with servier stability issues which require me to wear a knee brace and in pain all the time. Thats not all I also have fibromyalgia that makes the pain worse in all my joints and to top it all off I have the vertibra in my back between c3 and c9 with c6,7,8 crushing down on my spinal cord taking my breath away every time I take in a deep breath. I am on constunt pain medication making it somewhat unsafe to drive; my wife will let me drive to work and home and that it.

Welcome to Hadit.
I'd check with BDD - MEB/PEB.
Please start a new thread with your questions.
Thanks,
carlie

Hello,

I have been turned down by VOC REHAB and their DR stated on paper I cant work cause of PTSD n cant be offered services cause of PTSD.

One thing he has done was diagnose me wid everything from schizo to personality D along wid PTSD. And he did that in 30 min. LOL. This has been mentioned in my PTSD award letter. SO VA Raters r givin alot of weight wid dis quack cause they mentioned it instead of ignorin ALL of these diagnosis that were done instead of my reg. VA DRS I see reg. for last 4 yrs.

rmiller2094...First IU is for VA purposes. Go here and read all of it. It has alot of links.

YOU should also go to pebforum..its the best for military peb/meb questions..I say thats for any questions for CURRENT active duty and guard/reserve that are having medical issues that are preventin them from doin their job

DO ur homework.

tagandbag n Carlie....Went to Iraq title 10...but now guard..u can be s/c by va and still work in the guard. I just cant do it anymore.

I havent put in claim for TBi, Vertigo or migraines but I have no doubt it will be s/c. Too much evidence that meets the criteria. But between those each of the ratings might not be enough to push my 80% to 100%.

So maybe IU is the way. Im really leanin that way

THX to all

JACK





....

Jack

You really need a medical opinion that the reason you can't work is solely due to service connected PTSD. The VA can dx you with a PD, but if you have a medical report to state your IU is due to PTSD it won't matter about the PD.

john999,

fair enough n I agree wid cancelin out the PD.....thx....see thats the thing..one word here or there...whats wrong or right...my letter from VA DR doesnt state solely BUT it is clear in his words I shouldnt work. Now this letter was used for military purposes initially and given to my CO and included diagnosis, prognosis and clinical evidence. The intention was VA DR suggested that I definitely dont need to participate in drills or go on units next deployment. Actually Ill read a a bit from it. "In my clinical opinion and corroborated by clinical documentation within the VA, based on his symptom severity and the degree of functional impairment.....is currently unable to work, and medical leave from drills is strong recommended. This is bout 1/4 of the letter. He also wrote another similar letter of more detail recommending I not deploy agin.

But Ive had several so called experts like DSO, regional legion rep say that "currently unable to work" might not suffice n using word like TOTALLY n PERMANENT are couple of the best words that can be used. Whatcha think????


SO which is one is correct? And what if a word is synonomous wid these 3??? Would that be right???

THX agin

JACK