A Total Disability Rating Based on Individual Unemployability (TDIU) serves to provide additional compensation to Veterans with service-connected disabilities that have rendered them unable to maintain employment. Basically, if a Veteran is approved for TDIU benefits, they receive disability benefits equivalent to those assigned a 100% disability rating, even if their individual disabilities do not combine to 100%. However, VA requires specific evidence before they will award these benefits, which means it is important to build a strong claim. Taking the time to properly prepare each aspect of your claim can significantly increase your chance of being awarded the benefits you need.
Earnings Documentation
You will need to include proof of income to support your Individual Unemployability application. You can request a copy of your earnings information from the Social Security Administration online, at your local office, or by calling 800-772-1213. To qualify based on earnings, your income should be below the federal poverty level for a single person, which is adjusted annually. If your income exceeds this limit, you will not be automatically disqualified from TDIU eligibility. However, the VA will conduct a thorough review of your work environment to assess if you are receiving special accommodations. This detailed examination aims to ensure that all aspects of your work environment are considered when evaluating whether you meet the criteria for TDIU.
Medical Analysis
When applying for a Total Disability Rating based on Individual Unemployability, the statements and opinions given by the medical professionals you consulted with are of great importance and carry significant weight in determining your claim. However, these opinions need to clearly explain how your medical condition impacts your ability to work and make a living. For instance, if you are seeking benefits for a mental health condition like post-traumatic stress disorder (PTSD), your healthcare provider should explain in detail what symptoms you experience. For example, impaired concentration, inability to drive due to medications, or significant anxiety when dealing with conflict. As explained below, you may also want to consider consulting with a vocational expert. While medical professionals can outline what symptoms you suffer from due to your disabilities, vocational experts are better equipped to explain how those symptoms would impact physical and sedentary employment.
Employment Records
In order to assess your potential for obtaining employment, physical or sedentary, VA requires a comprehensive work history. This is necessary to evaluate how your disabilities may affect your ability to perform physical labor or sedentary work, taking into account your past work experience, training, and skills.
If you earn enough for your work to be considered substantially gainful employment, you must also show that you work in a protected or sheltered work environment. The U.S. Court of Appeals for Veterans Claims recently held that a sheltered/protected work environment is considered “employment in a lower-income position that, due to the veteran’s service-connected disability or disabilities, is shielded in some respect from competition in the employment market.” This may include receiving significant accommodations from your employer due to your disability or disabilities that most employers would find unreasonable.
Social Security Determinations
Veterans pursuing a Total Disability Rating based on Individual Unemployability may have also applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Approval for either of these programs can serve as evidence to support the claim for unemployability. However, it is important to note that SSDI and SSI have different criteria for determining ability to work. This means that even if you are eligible for SSDI or SSI, you may still not qualify for TDIU. VA will consider evidence developed during your Social Security claim or a Social Security decision, but that evidence alone is not enough to establish that you meet the criteria for VA’s program.
Vocational Experts
A vocational expert can play a critical role in evaluating an individual’s medical records and work history to gain a comprehensive understanding of their physical limitations and capabilities. These experts can provide additional information and context regarding how an individual’s disabilities impact their ability to work based on their own background, experience, and education.
Contact the Veterans Benefit Group of Goodman Allen Donnelly Today
Seeking TDIU benefits can be a daunting journey for many Veterans due to the complex and challenging application process. Sadly, numerous Veterans encounter claim denials, leading to an overwhelming and uncertain appeals process. However, if your TDIU claim has been denied and you want to explore your options with the appeals process, contact the Veterans Benefit Group of Goodman Allen Donnelly today to learn more.
