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total disability individual unemployment

Total Disability Individual Unemployment

Total Disability Individual Unemployment also known as TDIU, is when the Veterans Affairs happens to give an individual a service connected disability rating of 100% as long as they can provide the right and proper amount of evidence to prove so. This area is often misunderstood and can be quite overwhelming as there are many different requirements and questions that come along with it. 

One of the main concerns and questions that are brought up is if TDIU can ever be permanent or if it is permanent from the start. To answer that, TDIU can in fact become permanent eventually but it is never automatically permanent. There are a few factors that come into mind when regarding this question.

The biggest thing to keep in mind regarding the question of whether or not your TDIU is permanent is acknowledging the fact that your medical condition determines this. If your condition is able to be treated and ultimately get you back into work with no limitations, your TDIU will not be permanent. If your medical condition limits your from ever returning to your prior state and work ability, it then can become permanent.

 If you are to be following substantial gainful activity (SGA), this is where you can have your TDIU removed completely. SGA would mean that you are actually making above the federal poverty minimum and TDIU is actually not needed or required. That being said, with the power and help from a well experienced and determined lawyer you can fight this argument that you are still in need of these compensation benefits. 

An attorney or lawyer can help to provide evidence and reasoning as to why you are engaging in such a small workload and how it is still necessary to be receiving these disability benefits. 

For those asking how the process works for turning your TDIU benefits into permanent benefits, here is the answer. A person with a condition that is not able to improve is allowed to send a request in regards to being awarded permanent benefits to their regional Veterans Affairs Office. Upon request, they will be providing as much proof and evidence of how their service connected condition is not likely to improve and how their benefits should transition to becoming permanent. 

One of the biggest concerns and questions is if there is a time limit or restrictions set into place for when you can apply. The simple answer is no. There is literally no time limit set for when you should or can apply. That being said, remember that applying sooner than later is always the better choice. If you apply earlier than later, you have a better chance of receiving more benefits that you should if you are able to prove your case. This is because of the higher rating at the time of application. This is a very important piece of information to keep in mind. The earlier you can apply, the better even though there are no time restrictions.