Total Disability Based Upon Individual Unemployability (VA TDIU Benefits)
ROB LEVINE, VETERANS DISABILITY LAWYER
WORKING WITH A LAWYER FOR UNEMPLOYABILTY BENEFITS
TDIU is a VA benefit for disabled veterans who have difficulty working due to service-connected conditions. When granted TDIU, a veteran receives monetary benefits equal to a 100% rating, even when his or her service-connected conditions would not normally equal 100%.
TOTAL DISABILITY BASED UPON INDIVIDUAL UNEMPLOYABILITY (TDIU)
To qualify for TDIU, a veteran’s service-connected conditions must impact his or her ability to obtain or maintain “substantially gainful employment.” A “substantially gainful” occupation is a job that pays above the federal poverty threshold. Under some circumstances, veterans may qualify even if they are working a job that pays above this income threshold, provided that they work in a protected workplace that provides accommodations for their disabilities.
In most cases, a veteran must meet certain rating requirements to qualify for TDIU. The veteran must have:
- One service-connected condition with at least a 60% rating; or
- Multiple service-connected conditions that amount to a 70% combined rating, and one of those conditions is rated at least 40%.
YOU DON’T HAVE TO BE UNEMPLOYED TO RECEIVE TDIU
Unlike Social Security Disability, employed veterans are eligible for TDIU in certain circumstances. Two situations exist in which veterans may be employed and still qualify for TDIU:
- Marginal Employment: Veterans who are currently working but earn below the federal poverty threshold may qualify.
- Protected Work Environment: Veterans who receive special accommodations by an employer without a reduction in pay or benefits may qualify.
YOU CAN RECEIVE TDIU AND SSDI AT THE SAME TIME
Veterans can collect both SSDI and TDIU benefits simultaneously with no offset. Nevertheless, each benefit is governed by different regulations, and the grant of one benefit does not guarantee entitlement to the other.
Dealing with disabilities that impact your ability to work can be hard enough. Don’t add the stress and frustration of battling the VA alone. Contact our team for a free case evaluation, and we’ll work hard to get you the benefits you deserve!
ROB LEVINE & ASSOCIATES RESOURCES
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