Answers to Veterans’ Common Questions on IU Benefits - Attorney Neil Woods of Woods & Woods explains
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- Опубліковано 18 чер 2018
- Learn more about IU Benefits here: www.woodslawyers.com/veterans...
Veterans often have many questions about Individual Unemployability, so we have collected these questions and provided answers.
1) You must be a veteran to get IU Benefits
2) You must have one 60% service-connected disability or two or more service-connected disabilities with one rated at 40% and a combined rating of 70%+ to qualify for IU Benefits.
What are the other names for Individual Unemployability (IU)?
Who is Individual Unemployability for?
Do I need both mental & physical conditions in order to get Individual Unemployability Benefits?
Will the VA consider all of my conditions when determining Individual Unemployability Benefits?
What if the VA says I am not eligible under VA Unemployability Requirements?
What if my disabilities have worsened since the time of my last rating decision?
Should I apply for Individual Unemployability Benefits if I have a 100% rating?
Are Individual Unemployability Benefits permanent?
Can a veteran receive Individual Unemployability Benefits if they’re working?
Will the VA consider my assets for Individual Unemployability?
Can I receive both Social Security Disability and Individual Unemployability?
How much Individual Unemployability back pay should I receive?
Do you need a college degree to be eligible for Individual Unemployability Benefits?
Can I apply again for Individual Unemployability if I had applied previously and was denied?
Are National Guard and Reservists eligible for Individual Unemployability Benefits?
If you are unable to work due to your service-connected disabilities, you may qualify for total disability based on individual unemployability (TDIU). Contact us to see if you are eligible. Give us a call and receive a free legal consultation.
We have helped thousands of veterans all over the United States and we only charge a fee if we win your case.
Request a free legal consultation online:
www.woodslawyers.com/contact/...
Contact us today!
Woods and Woods, LLC
The Veteran’s Firm
www.WoodsLawyers.com/?...
812-426-7201
Great segment 👏. Thank you
Ive been out of protective work for 10 years ,will VA pay back pay 10 years ?
Thank you for breaking this down. I've heard so many terms but this really explained it and helped me get through the process
You are so welcome!
I have service connected migraines rated50% , is there a good chance of extraschedular IU ?
If your migraine headaches prevent you from working at all, you may be eligible for TDIU. We would be happy to discuss this with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&CommonQuestionsNeil&CommentShare
Let's say you've gone through the 4+ year appeals process and were granted tdiu. How long from the aproval does it normally take to process and potentially receive backpay? I've been checking my ebenefits recently and havent seen any pending disabilities.
The VA can be inconsistent with backpay transactions. Some clients receive their backpay before we even receive the decision. Most clients receive payment within several weeks. A few veterans do end up waiting a few months if they are backlogged.
The law states in part 38 that you can still apply for unemployability even if you do not have the schedular requirements for unemployability?
Hi Lenard. This page explains your question. Hope that helps! www.woodslawyers.com/va-individual-unemployability-form-21-8940/
So if I’m TDIU permanent and total, what if I eventually wanted to work? Would my benefits be reduced?
Hi there. This page will help answer your questions: www.woodslawyers.com/va-unemployability-requirements-and-income-limits/
I tried to get Social Security Disability after I got Individual Unemployability, and the Judge denied it because he said I could work as a postman. A guy with mental health issues that the VA considered me unemployable because, and he wanted me to be a postman. There is a reason why "going postal" is a term in the US. but apparently Social Security Judges do not take that into consideration, he just thought I could sit in a truck and put mail into boxes without issue.
I'm sorry to hear that. If there is anything we can do to help, please let us know!
How long do it take for the judge at the BVA office toake a decision on my case. My case have BEEN at the BVA's office for over 3 years. I'm a client of woods and woods since 2013 by the way.
Hi Reginald. This page explains the VA Disability timeline. You will see current wait times listed after each step. Hang in there with us, the VA is slow. www.woodslawyers.com/veterans-disability-benefits-timeline/
I was also told that he was given an extra year for diabetes and a zero % for stroke due to physician documentation many years before applying. What does that mean?
Sir why would the VA ask for a persons last Leave Earning Statement (LES) when filing VA disability claims? Thanks
David G. Thanks sir , but actually they ask for my last military LES . which it’s be over 25 years when I received my last military LES ....Now in 2018 I filed for an increase they requested those old documents.
Fast forward-- they denied the increase...The good thing I didn’t lose anything! Thanks
@@tonyg4438 VA does what ever they want until you call them on it..ask them why?
can the medications you are taking qualify you for iu benefits
Potentially. (There's a lawyer answer for you!) If you must take a medicine because of a service-connected disability, the side effects might cause other conditions. Those secondary conditions may be eligible for IU benefits. If you have questions about your medications and IU benefits, reach out to us at 800-544-2108. We'll be happy to take a look for you.
I took early retirement because I couldn't do it anymore because of my injury. I make $50,000 per year. Is that amount too much to apply for IU?
Hi Dave. This webpage discusses the income limits for Individual Unemployability benefits: www.woodslawyers.com/va-unemployability-requirements-and-income-limits/
Hi, my wife is the sole owner of rental property but we file as joint. Income from the property is around 65K. Will this be a factor in applying for TDIU?
I am rated TDIU Will this go away when I turn 70
No sir. You can receive TDIU at any age.
@@woodslawyers Good Morning I found this information concerning ending VA IU at full retirement age. I will also include the link to this information from the Congressional Budget Office (CBO). "End VA’s Individual Unemployability Payments to Disabled Veterans at the Full Retirement Age for Social Security after " Here is the link for your review. www.cbo.gov/budget-options/2018/54749.
Sincerely
Steven
I need to appeal my effective date.
I have submitted form 2940 for increase ratings since I was awarded 30%
ratings.
SDI fully developed claim
awarded with back pay for chronic back pains due to herniated disc at L5S1 with impinge nerves that is service connected.
TDIU awarded October 2020.
Effective date August 2020.
No substantial gainful employment since 2008.
Secondary claim from chronic pain is major depression.
What do I do next?
Hi Jonathan! If you could give us a call at 800-544-2108, we can do a free legal consultation with you.
How does tdiu backpay work?
This webpage explains how TDIU back pay works. Hope that helps! www.woodslawyers.com/va-individual-unemployability-back-pay/
Will they look at stocks/assets?
Money from stocks is considered passive income and, therefore, shouldn't count as earned income for the purposes of applying for and receiving individual unemployability benefits. Here is some more information on that: www.woodslawyers.com/rental-income-lose-my-benefits-tdiu/
What if you made good money and get Ssdi off 3600 a year?
If a 81 year old is 100% service connected disability with also special additional compensation above the basic. If I were have to place this veteran in a nursing home would we lose his compensation. My social worker says no. I have had to go back to work to pay for the additional home care, even with aide and attendance. If I place him which is becoming a possibility, will the monthly compensation go to the nursing home? I have depleted much of our lifetime savings to keep him home. But he is getting very hard to care for as he can no longer move with ease. So I am thinking of placement next year. He is rated since 2010. Two years ago he had a defibrillator inserted. He has been 60% for cardiac plus kidney plus neuropathy. I have not bothered to go back for the worsening cardiac conditions.
Within 9 months of returning from Vietnam (1970) I was diagnosed with PTSD and was chaptered out, and not told about the VA or even that I had a mental illness. I struggled to make a living, never employed very long. By 1996 I feared I might have PTSD and went to the VA hospital. They didn't tell me to apply for benefits for almost 2 years.
In 1999 they gave me 30% for PTSD (for an injury in Vietnam), I kept filing and getting turned down for an increase. In 2012 I was awarded IU and haven't made a dime since then outside of my IU.
I was reduced in rank and dismissed from service for an injury from a rocket attack in Vietnam. I feel like I am owed benefits back to discharge in 1972 since they threw me out for PTSD. Do I have any chance of ever getting that?
It's hard to say since every veteran's claim is different and we would need to know more about your service and service-connected disabilities. If you would like to see if we can help, you can call us at 800-544-2108, or you can fill out our online contact form here: woodslawyers.com/contact.
@@woodslawyers I made rank quickly, made e-5 in less than 3 years, was awarded a commendation medal for my service in vietnam. then they busted me 2 strips for things I didn't do so they could discharge me honorably. It was common back then. I was diagnosed by an air force psych who said I could no longer have a side arm, I was police, so they said I was no longer fit for worldwide duty and dismissed me 2 months early. I won't go thru your process until you can tell me you can do this, and tell me who pays you, please?
Our intake department goes through a specific set of questions to determine if we can help you. To go through that process, you can either call or fill out our online contact form. As for our fees, we operate on a contingency basis, meaning our clients pay nothing if we don’t win the case. If we win an appeal, our fee is a percentage of the back pay awarded by the VA, plus case expenses.
@@woodslawyers Thank you for that. can you be more specific as to the percentage and the case cost? I would be taking a chance on them changing my existing total and permanent IU ?
Our current fee is 20% of the back pay awarded from the VA, plus case expenses, which can differ between each veteran's case.
I sold my franchise in 2005 my shrink and therapist said I was tdiu. But they were going to keep the statement in a safe. And I was so gone I believe them . . Army shrink
What if someone is rated at 70% With One Service Connected Disabled By The Veterans Administration, And Determined SSI Disabled Under Section 1614(a)(3)(A) Of The Social Security Act
By The Social Security Administration.. However, Their Social Security Administration (Last Insured Date) Past While Waiting For SSDI and Turning 56 Years Old. Would They Be Eligible For IU Benefits?
commonman80 Thats a great question. I hope they post a reply. I would also like to know.
Give us a call to talk about your question. We would need to ask some basic information in this case to make sure we can give you an accurate answer. We are available for help at 800-544-2108.
How did TDIU become 100% .
Individual unemployability is for veterans who are unable to work due to their service-connected conditions but who do not have a 100% schedular rating. IU pays at the same monthly rate as a 100% schedular rating. Here is some more information about that: www.woodslawyers.com/difference-100-percent-rating-individual-unemployability/?.com&CommentShare
#Tripledipper
No longer able to answer the unemployment questionnaire successfully, I was referred to SS Office.
They had me apply at age 50, within one year of AD separation AND WHILE in the ARMY RESERVES *Reserve TIS: 18yrs AD: Navy and Army (+ 6yrsReserves : Navy 6 and Army 4yrs or 5575 Reserve points)
I applied to SSI first, waiting for the VA claim.
My SSI at age 50 (retro'd to age 49 - the day after my Army Active Duty discharge) took 105 DAYS. Because of SSI Retro pays, I had to pay back ALL Reserve drill pays $3,000-ish waiting for my SSI decision.
My VA Claim took 3yrs 5mos (retro'd to age 49 - the day after my Army Active Duty . TDIU on first try.
My CRSC took 10 months (retro'd to CRSC Application to official "Army CHAP 61" retirement date, losing out on at least $20,000.00 of CRSC benefit, if not $40,000.00.
I just filed a VA claim about 11 days ago for PTSD and Back Injury caused by an active duty training accident. I haven't been able to work for the past 5 years due to all my disabilities: frequent urination, chronic fatigue, insomnia, depression, anxiety and claustrophobia, lumbar radiculopathy along with the PTSD and thoracic and lumbar defects. I did not file for Individual Unemployability. Should I go ahead and file for IU now or wait until I get my first rating?
I seen a UA-cam video on the requirements for a VA pension I fit all of them I am 65 I am on social security disability I severe at least 90 days of active duty doing war time and are under the income limit I was approved for social security disability in 1989 I was injury on the job site I had all my paperwork on this and my military records but my ex-wife threw all my paperwork and my military records I am getting my military records back but can't remember what doctors I seen back in 1989 because it was a long time ago for my back injury and later I started having problem with my neck I had two neck surgery for problem with my disc in my neck I remember the doctor that did my neck surgery I was living alone and was having a hard time taking care of myself I meet a woman online that lives in the Philippines she told me to come over here and she would take care of me what are my chances of getting approved for a VA pension without my medical records I have the stuff for social security that show I was approved for social security disability thank you very much please if you can help me I would appreciate the help
A
Good day!
How do I get your help to appeal an effective date for TDIU.
Awarded TDIU October 20,2020.
I was awarded back pay from August 10,2020.
Thanks for your videos on how to get TDIU.
Can you represent me appeal this effective date.
My first 2940 sent in was for an increase rating at
30%.
My intent to file was in 2015.
Thanks for listening.
Hi Jonathan! If you could give us a call at 800-544-2108, we can do a free legal consultation with you.
Subtitles would be helpful for us deaf coots.
Sorry about that! This must have been an oversight. We'll get right on it. Thank you for letting us know!
We've added captions! All you need to do to see them is click the "CC" button on the bottom right side of the video window.