Veterans who have trouble working due to a service-connected disability may be eligible for Total Disability Individual Unemployability (TDIU), a monetary benefit equivalent to a 100% disability rating. If your service-related disability does not qualify you for a 100% disability rating but significantly affects your ability to secure sustained employment, you may qualify for TIDU.
The Veterans Administration (VA) defines substantial gainful employment as any job paying more than the federal poverty threshold limit. You must meet certain rating requirements to qualify for TIDU:
- Have at least one service-connected disability with a 60% rating
- Multiple service-related conditions with disability ratings totaling 70%, and at least one of these conditions has at least a 40% disability rating
However, even qualified veterans have difficulty securing their full benefits from the VA. We can help you. The legal team at Glover Luck LLP represents veterans in claims and appeals with the VA. Contact us today to learn more about how our Fort Worth, TX VA TIDU lawyer can help you.
How Can A Fort Worth VA TIDU Lawyer Help Me?
The VA may review your education, employment history, and service-connected disability or disabilities to determine whether you’re eligible for TIDU. Your age and any non-service-connected disability usually aren’t considered when the VA evaluates your ability to work.
A lawyer can help you file your claim or appeal a denied claim. You may stand a greater chance of having your claim approved if you include an expert medical opinion that details the role your service-connected disability has in your ability to work. Our services include an evaluation by a vocational medical expert who can evaluate you and demonstrate to the VA that you are unable to secure gainful employment.
You may also receive TIDU benefits if you have a job classified as marginal employment (income that falls below the federal poverty level) or if your job is in a protected environment. Our legal team can ensure that these conditions are properly presented to the VA so they may not affect your ability to engage in gainful employment.
Receiving TIDU While Remaining Employed
Employed veterans may be eligible for TIDU, but you’ll have to demonstrate to the VA that you meet one of the following conditions:
- Protected Work Environment: If your employer gives you special accommodations for your disability, and you do not have a reduction in your pay or work benefits, you may receive TIDU.
- Marginal Employment: If you have a job, but your income from it puts you below the federal poverty line (which changes annually), you may be eligible for TIDU.
You may also be eligible for Social Security Disability (SSDI) benefits, which you can collect simultaneously with TIDU. However, the SSDI eligibility threshold differs from that for TIDU, and you’ll have to submit a separate application with the Social Security Administration to qualify for SSDI.
Helping You Secure Your Rightful Benefits
Dealing with the VA to get the benefits you’re entitled to can be a challenge, but as a disabled veteran, you should receive all the benefits you’re entitled to. We can help you through the VA application and appeals process and offer insight into your SSDI application. Contact Glover Luck LLP for a consultation with an experienced Fort Worth VA TIDU lawyer.
If you need assistance appealing your service-connected disability claim, please contact our veterans law office for a free consultation at 866-849-3287 or 214-741-2005. We are based in Dallas, Texas, and represent veterans all over the United States.
