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| | |-+  SSDI approval as evidence for IU
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Topic: SSDI approval as evidence for IU  (Read 8239 times)
Pbear573
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« on: November 08, 2011, 05:52:21 PM »

Seems some VSOs are confused if they tell you it won't do jack.

A SSDI decision based entirely on service connected issues that are rated, will be supportive evidence.

I had a VSO try to tell me it wouldn't make a difference, but yet when I was at the regional office for VR&E-ILP meeting, I spoke with a rating specialist who even said that if a claimant has been approved for SSDI for SC'd conditions, that it pretty much seals the deal, particularly when the same evidence is used for both cases.
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rkentzel
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Posts: 75


« Reply #1 on: November 10, 2011, 10:17:50 AM »

From what I understand its not a lock for IU and your sc disabling conditions have to be the reason for SSDI. It does help in the decision. Make copies of your award and the reasons and send them to your RO. If your working with a VSO take them to Him or her. If not I would recommend you talk to a few and when you find one your comfortable with us them.

 Also I think one of your disabling conditions have to be 40% and a total of minimum 60%. Someone may come along and correct that.
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C 67 fusion, severe CTS both hands surgery complete,  DDD lumbar need two level fusion but putting off. Need cervical revision, Moderate sleep apnea , Vertigo attacks, RT ankle surgery with screw, RT & LT shoulder surgery with anchors both, Hypertension, SOB, Surgery both knees, Hemochromatosis, DB
Location: CA
Age at Application: 53
Disability: DDD SPINE,TINNITUS, VERTIGO, CTS SEVERE,Sleep apnea, DB II,Radiculaopothy cervical and lumbar
Date Applied: MARCH 2010
First Approval/Denial Date: MAY 2010
Reconsideration Approval/Denial Date: NOVEMBER 2010
Hearing Date: WAITING FOR DECISION
ALJ Approval/Denial Date: APPROVED DECEMBER 9, 2011
ssgtwright2515
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« Reply #2 on: November 10, 2011, 10:43:38 AM »

Check this VA website out.
It contains alot of info that you can use!!!
http://www.access.gpo.gov/nara/cfr/waisidx_04/38cfr4_04.html
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Refiled for SSDI again on 21April2011. Initail app denied on 25July11. Filed for Reconsideration next day. Requested my SSA CD file and sent copy to congresswoman office pointing out very important info. SSA sends me to mental C&E on 14OCT11.
Name: Timothy
Location: Hawaii
Age at Application: 40
Disability: PTSD, Depression, Degenerative Disk Desease, Spinal Stenosis, Spinal Fusion of L4/L5/S1
Date Applied: November 2007
First Approval/Denial Date: Denied April 2008
Reconsideration Approval/Denial Date: Denied August 2008
Hearing Date: August 17th, 2010
ALJ Approval/Denial Date: Denied November 2010
Additional Info: Appeal denied 14April2011. Filed new appicalation 21 April and claim denied 25July. Filed for recon July 26th and ask for congresswoman help on 01Aug11.
rkentzel
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« Reply #3 on: November 10, 2011, 04:59:38 PM »

What Is Individual Unemployability?
Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.

What Is the Eligibility Criteria for Individual Unemployability?

A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities.  Additionally, a veteran must have:

•   One service-connected disability ratable at 60 percent or more, OR

•   Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

How Do I Apply?
•   Submit VA Form 21-8940, “Veteran’s Application for Increased Compensation Based on Unemployability”
•   Send application to your nearest VA Regional Office. To find the closest regional office to you, go to http://www1.va.gov/directory/guide/home.asp?isFlash=1 The application can be downloaded at http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf or call 1-800-827-1000 and request the form be mailed to you.

Can I Work?

Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment.  The employment must be considered marginal employment.

•   Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.

•   Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only.  For more information on the U.S. Census Bureau's poverty thresholds, see http://www.census.gov/hhes/www/poverty/about/overview/measure.html

What If I Don’t Meet the Percentage Criteria?
Special consideration will be given for veterans when the following criteria is met:

•   The veteran is considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards, OR
 
•   There is evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employment or frequent periods of hospitalization)

Note:  Veterans may have to complete an employment questionnaire once a year in order for VA to determine continued eligibility to Individual Unemployability. 
For More Information, Call Toll-Free 1-800-827-1000
or Visit Our Web Site at http://www..va.gov.

Compensation and Pension Service
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C 67 fusion, severe CTS both hands surgery complete,  DDD lumbar need two level fusion but putting off. Need cervical revision, Moderate sleep apnea , Vertigo attacks, RT ankle surgery with screw, RT & LT shoulder surgery with anchors both, Hypertension, SOB, Surgery both knees, Hemochromatosis, DB
Location: CA
Age at Application: 53
Disability: DDD SPINE,TINNITUS, VERTIGO, CTS SEVERE,Sleep apnea, DB II,Radiculaopothy cervical and lumbar
Date Applied: MARCH 2010
First Approval/Denial Date: MAY 2010
Reconsideration Approval/Denial Date: NOVEMBER 2010
Hearing Date: WAITING FOR DECISION
ALJ Approval/Denial Date: APPROVED DECEMBER 9, 2011
Jay Marine 4 Life
Guest
« Reply #4 on: November 11, 2011, 09:03:44 AM »

I just have to believe that it makes logical sense that having been approved for SSDI would carry weight with the Dept. of VA when deciding IU claims.  I provided my SSDI award information to the RO and I believe that it will assist in determining my claim.  Good luck to all of you and thank you for your service!
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