There are more than 800 disabilities for which a veteran may receive a disability rating and possible benefits. While some veterans will be able to continue working despite their disability, this is not always the case. So what happens when a veteran is unable to work due to their service connected disability?
What happens when a veteran is unable to work?
Total Disability rating based on Individual Unemployability is commonly referred to as TDIU. It is available to bridge the gap between a veteran’s service connected disability payments and the resulting income loss from being unable to maintain employment.
A physical disability rendering you unable to work as you have in the past can lead to a TDIU rating. PTSD, chronic pain, or other service connected illness which makes it impossible for you to work in a traditional job setting.
The VA requires you to meet the following criteria to establish TDIU:
The applicant must be a veteran.
The veteran must have one service connected disability rated at 60%, OR two or more service connected disability ratings with a combined rating of at least 70% (in which one disability is rated at 40% or more.)
The service connected disabilities are the reason the veteran cannot maintain substantially gainful employment.
Can I receive TDIU and Social Security Disability?
Yes you can. There is no bar to receiving benefits from VA and Social Security Disability at the same time.
In fact, many veterans do that because their service-connected disabilities that are service connected are the same ones used by Social Security to render them disabled. There is no reason you should not be able to receive both Social Security Disability and VA TDIU benefits to compensate you more fully for the effects of your disabilities.
You will have to prove your claim in both forums, but there is no bar to receiving both of those at the same time. Also, neither benefit offsets for the other. You can receive the full amount of each benefit.
What if I receive Social Security Disability?
If you are receiving Social Security Disability benefits, the law requires VA to review that rating (and associated records) in making its own decision regarding your employability. While being 100% disabled according to the Social Security won’t require the VA to issue a TDIU rating, it can help significantly if your Social Security disabilities are the same as your service-connected disabilities.
A veterans disability attorney can help assess your eligibility for TDIU. Setting up a free consultation with one of our Department of Veteran Affairs accredited attorneys is easy:
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
