Denied Unemployment; SSDI? Individual Unemployability

gimartin

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PEB Forum Veteran
Registered Member
A little background: Retired with a rating of 30% DoD / 90% VA last March. I went through several jobs while on terminal leave and after that never held up due to the same medical conditions that got me med boarded out of active duty. I applied for Unemployment but was denied because my doc here at Tripler filled out paperwork plainly stating that I can't currently work until they get the conditions (mostly migraines) under control. That's understandable and I agree with him and with the State in that in order for me to be able to receive UI, I must be able and willing to work…them's the rules as they say.

I would like to bounce my plan off you good people if that's cool. I am currently awaiting a SSDI hearing date which may be around September at the earliest. Here is the part I'm unsure of: Either attempt to get the VA rating bumped up to 100% (I was told I need an additional 60%) or apply for Individual Unemployability.

My wife is currently the breadwinner and together with my VA pay, it is not enough to cover the cost of living.

Any guidance and thoughts are greatly appreciated.
 
A little background: Retired with a rating of 30% DoD / 90% VA last March. I went through several jobs while on terminal leave and after that never held up due to the same medical conditions that got me med boarded out of active duty. I applied for Unemployment but was denied because my doc here at Tripler filled out paperwork plainly stating that I can't currently work until they get the conditions (mostly migraines) under control. That's understandable and I agree with him and with the State in that in order for me to be able to receive UI, I must be able and willing to work…them's the rules as they say.

I would like to bounce my plan off you good people if that's cool. I am currently awaiting a SSDI hearing date which may be around September at the earliest. Here is the part I'm unsure of: Either attempt to get the VA rating bumped up to 100% (I was told I need an additional 60%) or apply for Individual Unemployability.

My wife is currently the breadwinner and together with my VA pay, it is not enough to cover the cost of living.

Any guidance and thoughts are greatly appreciated.

Here are some ideas for you to consider....

1. Make an appointment to talk with your State Veteran Representative at the Unemployment Office in your State. I found this was very helpful in my State. The State UI Vet Rep was very knowledgeable about what I could really receive for my UI claim and explained "the system".

2. Make an appointment with the VA VOC REHAB. Or, read up on VA Voc Rehab on the va.gov website.

3. Get the e-book published by Benjamin Krause from Disabled Veterans Organization. It's 20 bucks, you can download it immediately, and it's chock full of extremely useful information and forms about the VA Voc Rehab Program. Benjamin Krause used the VA Voc Rehab to fund his education all the way through his law degree (six years), so he knows what he's talking about. That e-book is basically a ready-made blueprint you can use to create and WIN your own VA Voc Rehab plans.

V/R,
nwlivewire
 
I would do both, apply for IU and an increase for anything you think was rated low, Iu is a good thing, but schedular is better. In our case, we won SSDI, but still not getting paid, and it may be incorrect for awhile since I doubt they added my dependents, fortunately I just started terminal, so I have "regular" pay until the june first check, plus SCAADL. However if I do not get moved up to 100% from 90 (they missed some things), then I will have to do the IU/increase fight as well. we can keep above water on 90% and SSDI as fortunately we have been a 1 income family for a long time. bets of luck.
 
+1 on getting work while you were on terminal leave. I have a question, when you applied for the job, did you mention and/or request reasonable accommodations based upon your disabilities?

There are specific laws to protect disabled employees against discrimination. I'm not sure if you would like to discuss this with your prior employer, but it is something to think about.

I am a current recipient of the VA VR&E program. It took quite some time and major persistence to get in, but it is a grata path to re-employment. In addition you may be eligible for a monthly stipend or even E5 with Dep BAH.
 
I didn't really discuss my medical issues with the employer. The pay was per hour and I guess that I was just hoping that I wouldn't have too many migraines. I was wrong to the point that I missed so much work, it took more money in gas than what I would make working.

In regards to the voc rehab; I understand it is a great program. I am just concerned about missing too much course material.
 
GIMARTIN,

Did you get approved for TDIU or not? Either way contact me directly I can help you out dramatically!
 
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