Tdiu Vs 100 Percent Disability
Both TDIU and 100 percent disability benefits compensate veterans with the same monthly compensation. TDIU benefits compensate you at the 100 percent level even if your disabilities dont combine to a 100 percent VA rating.
Its typically much easier for veterans to be approved for TDIU than to earn a 100 percent schedular rating from the VA.
Achieving a 100 percent disability rating is usually more difficult because the VAs Schedule for Rating Disabilities criteria is specific to the severity of your symptoms. According to the VAs standards, you could have a disability that prevents you from working but still not have symptoms that qualify you for a 100 percent rating.
For instance, the average rating for PTSD is 70 percent. To receive a 70 percent schedular rating for PTSD, you must have deficiencies in most areas regarding work, school, family relations, judgment, thinking, or mood.
A 100 percent PTSD rating requires the veteran to have total occupational and social impairment instead of just deficiencies in most areas.
A veteran with a 70 percent PTSD rating with deficiencies in most of those areas could very well have difficulty working, which is why the VA compensates eligible veterans with TDIU.
If youre unable to work based on your service-connected condition or conditions, you may be eligible for TDIU, depending on your VA disability rating. Below we cover specific TDIU ratings.
How We Assign Smc Levels L Through O
We assign SMC levels based on very specific situations and combinations of situations, including:
- The amputation of one or more limbs or extremities
- The loss of use of one or more limbs or extremities
- The physical loss of one or both eyes
- The loss of sight or total blindness in one or both eyes
- Being permanently bedridden
- Needing daily help with basic needs , also called Aid and Attendance
Select an SMC letter below to learn more about the specific situations and combinations of situations that fall within that designation.
SMC-L
- Youve physically lost both eyes, or
- You have total blindness without the ability to perceive light
Or you have total blindness with only the ability to perceive light in one eye, and:
- Youve physically lost the other eye, and have deafness in both ears , or
- You have total blindness without the ability to perceive light in the other eye, and have deafness in both ears , or
- Youve physically lost the other eye, and have lost the use of one foot , or
- You have total blindness without the ability to perceive light in the other eye, and have lost the use of one foot
Or you have total blindness with only the ability to perceive light in both eyes, and:
- You have deafness in both ears , or
- Youve had one hand amputated, or
- Youve lost the use of one foot, or
- Youve lost the use of one hand, or
- Youve had one foot amputated, or
- Youve lost the use of one foot
Or you have blindness in one eye, and:
SMC-N 1/2
SMC-O
What Are Your Next Steps
Do you know a service-disabled veteran? Or are you one? Meet Edward Farmer, an experienced DuPage County veterans disability attorney at a Service-Disabled Veteran-Owned Law Office. We offer free consultations to Veterans and their families who need legal assistance with wills, estates, disability benefits, and more.
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Social Security Disability & Total Disability Individual Unemployability Benefits
Veterans can receive both Individual Unemployability and Social Security Disability at the same time. However, being eligible for one disability benefit does not mean you are automatically entitled to the other disability benefits. The Social Security Administration and the Veterans Administration have very different guidelines on eligibility. Veterans wishing to receive Social Security Disability and TDIU benefits must submit separate applications to each bureaucracy.
In 2016, 621,000 veterans were receiving Social Security Disability benefits. Currently, 29.6% of veterans report having a disability. As you can see, veterans have disabilities at a higher rate than the civilian population. The Social Security Administration offers expedited claims to veterans with particular ratings. But remember, both bureaucracies have their own guidelines on eligibility. That means some veterans will be approved one benefit and denied the other. Woods & Woods can help you obtain both TDIU benefits and Social Security Disability benefits.
Attorney Neil Woods explains how veterans get TDIU and SSDI benefits:
Do You Work In A Protected Environment Tdiu Income Limits May Be Waived
You can earn more than $13,590 per year and still qualify for TDIU if you work in a protected work environment.
If an employer makes special accommodations for your disability that enable you to keep working and earning above the poverty threshold, the VA classifies this as employment in a protected work environment.
The VA doesnt have a defined policy on which special accommodations qualify a job as a protected work environment.
Examples of special accommodations might include being paid the same amount for less work or productivity than other employees, or being excused from mandatory training. Veterans who work in a family business often qualify for TDIU if theyre given time off due to their disability but still paid the same.
If you apply for TDIU, the VA will make a judgment about whether or not your job is in a protected environment based on the facts of your case.
Including a statement from your employer detailing your special accommodations and relating those to your disability will help demonstrate to the VA that you work in a protected environment.
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How Do You Qualify For Individual Unemployability
1a. Your service-connected disabilities must prevent you from being able to get a job and keep the job, AND
2a. You have multiple service-connected disabilities with a combined total rating of at least 70% AND
For example, if you are service-connected at 60% for coronary artery disease due to Agent Orange exposure and as a result of a severe heart attack due to your coronary artery disease, you are unable to continue working you would meet the qualifications for IU.
The above is just a guideline the VA rules contain many nuances and expectations for receiving a 100% rating or IU. For example, did you know that there are instances where you can work and still receive Individual Unemployability? Also, there are instances where several disabilities are considered one disability for the purposes of calculating one 60% disability and one 40% disability.
When I File A Va Disability Claim Am I Automatically Considered For Tdiu Benefits
When you file a VA claim, the VA is supposed to automatically determine if you qualify for TDIU benefits. This doesnt always happen, however, which is why self-advocating is so important to receive the compensation you deserve!
There are a few steps the VA takes when looking at your claim. The first step is to determine if you meet the schedular requirements for TDIU. .
If you do meet those requirements, your VA regional office should move to step 2employment consideration. This is where your case for being unable to maintain substantially gainful employment would come in.
Technically, the VA should consider whether TDIU is applicable based on your claim and the records provided. But you can also apply for TDIU directly if you think youre eligible and the VA has not considered TDIU in your case.
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Can The Va Change A 100% Disability Rating Or Unemployability
Both a 100% disability rating and unemployability have the potential to be determined permanent and total.
To assign a permanent 100% rating the VA must classify your condition as permanent and total . The VA classifies disabilities as P& T when it is believed that there is little to no chance of recovering or improving your condition. P& T ratings are protected from being reduced and may entitle you or your family to additional VA benefits. The VA can classify someone as P& T whether their benefits are via a schedular rating or unemployability.
If you need assistance with VA disability claim, we are here to help. Call Bosley & Bratch at 953-6224 or complete the form below.
The Survivors & Dependents Educational Assistance Program
Dependents of veterans with total disability can avail of DEA benefits for degree and certificate programs, apprenticeship, as well as on-the-job training. The veterans dependents can receive up to 45 months of education benefits, if they started to use the program before the first of August, 2018, and if they started on or after said date, they have 36 months instead of 45.
In addition, eligible dependents can access career counseling, additional guidance on how to avail various VA benefits, and other forms of personalized academic counseling collectively referred to as Vocational and Rehabilitation and Employment Benefits.
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Ssi/ssdi And Va Disability Benefits
Veterans may be eligible for Supplemental Security Income or Social Security Disability Insurance , in conjunction with, or as an alternative to VA disability payments. They may also use the Medicaid and Medicare health benefits that come with SSI/SSDI to supplement VA health services.
The definition of disability and application process is different for SSA and VA disability benefits, and Veterans may begin receiving SSA benefits while they are waiting on a VA benefit decision.
Why Would Someone Want A 100% Rating Versus Unemployability
The biggest difference between unemployability and a 100% disability rating comes down to the work restriction imposed by unemployability. There is a myth that a veteran cannot hold any employment while receiving unemployability, and while that is not the case, there are restrictions on what employment a veteran can hold.
The VA may grant unemployability when a veteran is unable to secure or maintain a substantially gainful occupation due to their service-connected disabilities. The courts have determined that substantially gainful occupation means employment where a veteran earns more than what the current federal poverty level is for an individual. Right now, the current poverty level is around $12,000. This means that an employed veteran who earns $12,000 or less per year can still be eligible for unemployability even though they are employed.
There are no restrictions on a veterans ability to work with a 100% disability rating.
However, with unemployability, the VA can and will revoke unemployability if a veteran becomes employable again.
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Can The Va Reduce My 100% Total Rating Or My Iu
To reduce your total rating, the VA has the burden to show that your service-connected condition has undergone material improvement under the ordinary conditions of life. To reduce a 100% rating based on IU, the VA must demonstrate actual employability. If the VA is attempting to reduce your rating, you are entitled to certain due process rights.
Questions And Answers About The 100% Disabled Veterans Homestead Exemption
If you qualify as a 100% Disabled Veteran, you will be interested in the answers to the most commonly asked questions below.
Q. What are the qualifications for this exemption?
- You qualify for this 100% homestead exemption if you meet these requirements:
- You own a home and occupy it as your residence homestead.
- You are receiving 100% disability compensation from the US Department of Veterans Affairs for a service-connected disability.
- You have a disability rating of 100% disabled or of individual unemployability.
To get this exemption, you must fill out Form 11.13, checking the box for 100% Disabled Veterans Exemption, as well as all boxes that apply to you. You must attach documentation as well. You may attach a copy of your award letter, a VA tax letter, or another document from the United States Department of Veterans Affairs showing 100% disability compensation due to a service-connected disability and a rating of 100% disability or of individual unemployability. The documents you attach must be current documents.
Q. How much of my homes value will it exempt?
If you qualify, your home will be totally exempt from property taxes in all jurisdictions, regardless of the homes value. If you co-own the home with someone other than your spouse, your share of the homes value will be exempted.
Q. I already have a homestead exemption. Do I need to apply for the 100% Disabled Veteran Homestead Exemption?
Yes. This exemption is not given automatically.
Yes.
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Tdiu Is Not Social Security Disability
It is easy to equate the VAs version of total disability with the Social Security Administrations version. The important thing to remember is that IU veterans benefits are not structured in the same way as Social Security Disability . In many ways, the requirements to obtain IU benefits are more lenient than those of Social Security. In order to qualify for SSD, you must be found to be completely unable to work, under any conditions or circumstances. Typically, this finding is backed by the opinion of a vocational expert and/or a medical professional.
Legal Advice In Sheltered Employment Situations
Be very careful with the Sheltered Employment rules.
They are not frequently applied, many in the VA do NOT know about them, and they can lead to serious consequences if applied incorrectly. The VA fiercely protects what they believe to be the VA unemployability income limits to make sure that veterans do not abuse the benefit.
Im not telling any details here, but I know of a couple veterans who have been charged with criminal fraud for collecting TDIU benefits while exceeding VA unemployability income limits they received a income and doing nominal work for a family members business.
These charges usually will not stick as the US Attorneys that prosecute these crimes have far less understanding of VA regulations than even most VA raters or Board Hearing Officials. But youre going to have to pay a criminal defense attorney to make it go away, and the VA aint repaying your attorneys fees.
That said, it is ALWAYS BEST to get legal advice call a VA Accredited attorney and ask for a consultation if you are considering earning income above the poverty threshold and want to know if it is or is not considered sheltered employment.
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Types Of 100 Percent Va Disability Ratings
Total disability ratings, or 100 percent disability ratings, from the Department of Veterans Affairs are often confusing to veterans, particularly because they are unsure if they can work after receiving this rating.
The Savannah veterans disability attorneys of The Nye Law Group have put together a helpful guide to 100 percent VA disability ratings. The guide explains the different types of total disability ratings and when you can work if you have received one of these ratings.
If you are struggling to obtain the benefits you are entitled, our experienced VA disability lawyers may be able to help you. Contact us today for a free, no obligation legal consultation.
Consult A Va Disability Lawyer For Help
If youre uncertain whether your employment is consideredsubstantially gainful or marginal, or if your income exceeds the povertythreshold, speak to a VA disability lawyer.
A skilled VA disability lawyer can help you understand yourdisability rating, your employment, and your eligibility. A lawyer can alsohelp you appeal adenied claim or changeyour rating if your condition worsens.
The Law Offices of Michael Hartup represents VA disability clients throughout Tennessee. If you need assistance with a Veterans disability claim, schedule a free consultation by calling our office at . You may also contact us by liking and following our , or filling out an online form.
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How Ssdi And Va Compensation Can Work Together
Fast-track applications
If you have a 100 percent P& T rating from the VA, Social Security will speed up processing of your SSDI claim. To get expedited handling, enter Veteran 100% P& T in the Remarks section of your online application and provide Social Security with the notification letter the VA sent you about your rating.
Regardless of your P& T rating, you may qualify for expedited processing under Social Security’s Wounded Warrior program, which prioritizes claims for veterans who became disabled while on active duty on or after Oct. 1, 2001.
No ‘offset’
Workers compensation and some other types of public disability benefits can trigger what the SSA calls an offset that reduces your Social Security payments. VA disability benefits don’t affect your SSDI or vice versa if you qualify for both programs, each will pay the full amount to which you are entitled.
Health care coverage
If you get SSDI and VA disability benefits, you can receive medical coverage through both.
SSDI recipients are eligible for Medicare, although in most cases there is a two-year waiting period for coverage to begin. Veterans are eligible for coverage under the military’s Tricare program.
If you’re getting both benefits, Medicare becomes your primary payer and Tricare serves as a supplement, covering some cost-sharing, such as copayments and deductibles.
The Va Disability Rating System Explained
The VA uses a disability rating system to assign a percentage to the severity of your disability, using a scale that measures from 0-100% and rises incrementally by 10%. This rating then determines your benefit amount. The VA determines your rating through an internal review of your health and medical history, going over a combination of service treatment records, VA medical records, and private medical records that are directly related to your disability. Your rating will be based on a single diagnostic code per condition, even should that condition meet more than one diagnostic code.
If you have more than one disability, you can use the combined-rating system to find your benefit amount.
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