My husband was recently rated 50% DOD and 70% VA and we applied for SSDI. He gets very stressed thinking about having to find a job and has to meet with a psychiatrist at least 3 times a month. He often has suicidal ideations when his anxiety overcomes him. He is officially medically retired from the army March 22. Even though he has been active duty the last year, he hasn't really been working for the army. They tried to give me an easy gym job, but he was late and obsessed about it and was having suicidal ideation again. My question is, should he also apply through the VA for IU? If he gets ssdi, would the VA grant him IU? While applying for IU, do you still get your benefits? How long does that take? And, if he gets IU through the VA, then would that also help him get SSDI?
Anxiety and Depression SSDI Husband applied..
- Thread starter jedmiston7
- Start date
VA IU and SSDI don't directly correlate. My advice is to apply for both. The best thing you can do is have doctors and some of his current coworkers write statements to document his inability to hold a job. Also Google the SSDI blue book listing for depression and anxiety and then see how that listing compares to his doctors notes.
My husband got 50% for mental health but should get more for his back. He has major back surgery at Walter Reed and they only rated him 10% for that. He worries, that if we appeal it, during the appeal process, we will not get our benefits, is this true?
If he has a final out date it sounds to me like he did not elect to do a VARR, or VA Rating Review which would have been his only opportunity t appeal any VA ratings while still in service. Once he is out he will have to file a NOD, or notice of disagreement over his VA ratings. He will still get paid by VA while going through this.
Apply for the IU, it is going to be a very long road ahead to get awarded SSDI.
Your husband's condition is most certainly going to change once he is medically retired, things may get better, they may get worse.
What is most important is that he continues with treatment for his PTSD and related symptoms so that your family can pick up the pieces and move forward to a better place in life.
Your husband's condition is most certainly going to change once he is medically retired, things may get better, they may get worse.
What is most important is that he continues with treatment for his PTSD and related symptoms so that your family can pick up the pieces and move forward to a better place in life.
My question is, should he also apply through the VA for IU?
If he is unable to work, then I would say apply for it. I was medically retired and once I got out I applied for IU and I was granted it, but I applied for IU once I was retired. The below website is from the VA website and tells you the eligibility requirements for IU.
http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp
If he gets ssdi, would the VA grant him IU?
From my understanding is that they are both are two different systems and they both have different ways of rating for the condition to meet their criteria.
However I will tell you from my own experience before I was granted IU I had applied for SSDI many times and was denied I wasn't approved for SSDI until I had gotten out and got granted my IU rating. I was faster after I had been granted my IU in order to get SSDI, I don’t know if this is normal but it was my experience.
The other thing I would tell you to look into is this website tells you about disability benefits for wounded warriors and about veterans who have a 100% total and permeate rating:
https://www.ssa.gov/people/veterans/
While applying for IU, do you still get your benefits? While
I applying for IU and I continue to receive my VA benefits. You will be notified once a decision is made. The best way to file a claim and to keep on top of your husbands claims if you do decide to apply for IU is through the ebenfits website. You can also upload documentation and statements to support his VA claim.
https://www.ebenefits.va.gov/ebenefits/homepage
How long does that take? And, if he gets IU through the VA, then would that also help him get SSDI?
How long does it take can vary. That depends on the case load of your particular VA. My husband applied for IU in December and today we just got the decision of his approval for it and we are located in PA. It varies, but once you apply for it once his claim is started there is an estimated time line on ebenfits website, which can give you an idea of how long it may take.
I can tell you from my own experience that when I was applying for SSDI I had a rating of 70% and found it difficult and it wasn’t until I got out and had my IU granted and I then went eventually to 100% Total and Permeate rating and had reapplied for SSDI I was approved and it didn’t take long either but again that was here in PA.
I have a suggestion that if you and your husband do decide to apply for IU, I would suggest you write a letter to support his claim and uploaded it to ebenfits. The VA will take it into account, they did with my husband and it sometimes can be hard for them to be open and honest about what life is like. And if he is called in by the VA for a compensation and pension exam for his IU claim, I’d suggest that you ask to be allowed in so you can also let the physiatrist or physiologist that evaluates him anything that he may forget or that is relevant to his condition. Here is a website that can help you with a supportive statement:
https://www.swords-to-plowshares.org/guides/statements
It is important that he continues with treatment for his PTSD and try to ensure that once he is retired there isn't a break in treatment. If you know where you will be living make sure you contact the nearest VA. If you do decided to file for SSDI before the IU you can try and ask his current treating doctor for his PTSD to write a letter to support his claim for SSDI if they are willing to do it. Also contact wounded warrior or prior to you getting out and see if they can provide you with a DISC this is usually a active duty military person that is assigned to assist you in your transition out. We would have been lost with out our DISC they are a wealth of information and guidance.
If he is unable to work, then I would say apply for it. I was medically retired and once I got out I applied for IU and I was granted it, but I applied for IU once I was retired. The below website is from the VA website and tells you the eligibility requirements for IU.
http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp
If he gets ssdi, would the VA grant him IU?
From my understanding is that they are both are two different systems and they both have different ways of rating for the condition to meet their criteria.
However I will tell you from my own experience before I was granted IU I had applied for SSDI many times and was denied I wasn't approved for SSDI until I had gotten out and got granted my IU rating. I was faster after I had been granted my IU in order to get SSDI, I don’t know if this is normal but it was my experience.
The other thing I would tell you to look into is this website tells you about disability benefits for wounded warriors and about veterans who have a 100% total and permeate rating:
https://www.ssa.gov/people/veterans/
While applying for IU, do you still get your benefits? While
I applying for IU and I continue to receive my VA benefits. You will be notified once a decision is made. The best way to file a claim and to keep on top of your husbands claims if you do decide to apply for IU is through the ebenfits website. You can also upload documentation and statements to support his VA claim.
https://www.ebenefits.va.gov/ebenefits/homepage
How long does that take? And, if he gets IU through the VA, then would that also help him get SSDI?
How long does it take can vary. That depends on the case load of your particular VA. My husband applied for IU in December and today we just got the decision of his approval for it and we are located in PA. It varies, but once you apply for it once his claim is started there is an estimated time line on ebenfits website, which can give you an idea of how long it may take.
I can tell you from my own experience that when I was applying for SSDI I had a rating of 70% and found it difficult and it wasn’t until I got out and had my IU granted and I then went eventually to 100% Total and Permeate rating and had reapplied for SSDI I was approved and it didn’t take long either but again that was here in PA.
I have a suggestion that if you and your husband do decide to apply for IU, I would suggest you write a letter to support his claim and uploaded it to ebenfits. The VA will take it into account, they did with my husband and it sometimes can be hard for them to be open and honest about what life is like. And if he is called in by the VA for a compensation and pension exam for his IU claim, I’d suggest that you ask to be allowed in so you can also let the physiatrist or physiologist that evaluates him anything that he may forget or that is relevant to his condition. Here is a website that can help you with a supportive statement:
https://www.swords-to-plowshares.org/guides/statements
It is important that he continues with treatment for his PTSD and try to ensure that once he is retired there isn't a break in treatment. If you know where you will be living make sure you contact the nearest VA. If you do decided to file for SSDI before the IU you can try and ask his current treating doctor for his PTSD to write a letter to support his claim for SSDI if they are willing to do it. Also contact wounded warrior or prior to you getting out and see if they can provide you with a DISC this is usually a active duty military person that is assigned to assist you in your transition out. We would have been lost with out our DISC they are a wealth of information and guidance.
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Update! We applied for a VA increase when my husband tried to work, but once again had a mental breakdown where he was having panic attacks daily, suicidal ideation, etc. He was granted an increase for anxiety for 70% through the VA. We then applied for IU because it was obvious, despite his best efforts, he was in no state to work. In the process, my husband was denied SSDI, but then at the end of October he was awarded TDIU permanent and total. We decided to reapply for SSDI and we are hopeful he gets approved for it. Any ideas/tips to help us be successful? He was also recently awarded an increase through DOD and placed on PDRL. We found out our youngest son suffers from autism and has therapy 5 days a week for four hours. My husband is so mentally out of it, he cant stand being in the car with him. My mom takes our son to therapy every day. I am hopeful that he gets awarded SSDI because just being paid at TDIU is not enough to live on with a family of four, including a special needs son. I am a high school math teacher so that helps, but still, SSDI would be so hopeful. Does anyone have any experience being denied SSDI and then approved afted IU?
It’s section 12 of the SSDI blue book. It would help his case greatly if his doctor would quantify his conditions in SS wording:
12.00-Mental Disorders-Adult
12.00-Mental Disorders-Adult
Example:
12.06 Anxiety and obsessive-compulsive disorders (see 12.00B5), satisfied by A and B, or A and C:
12.06 Anxiety and obsessive-compulsive disorders (see 12.00B5), satisfied by A and B, or A and C:
- Medical documentation of the requirements of paragraph 1, 2, or 3:
- Anxiety disorder, characterized by three or more of the following;
- Restlessness;
- Easily fatigued;
- Difficulty concentrating;
- Irritability;
- Muscle tension; or
- Sleep disturbance.
- Panic disorder or agoraphobia, characterized by one or both:
- Panic attacks followed by a persistent concern or worry about additional panic attacks or their consequences; or
- Disproportionate fear or anxiety about at least two different situations (for example, using public transportation, being in a crowd, being in a line, being outside of your home, being in open spaces).
- Obsessive-compulsive disorder, characterized by one or both:
- Involuntary, time-consuming preoccupation with intrusive, unwanted thoughts; or
- Repetitive behaviors aimed at reducing anxiety.
- Anxiety disorder, characterized by three or more of the following;
- Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
- Understand, remember, or apply information (see 12.00E1).
- Interact with others (see 12.00E2).
- Concentrate, persist, or maintain pace (see 12.00E3).
- Adapt or manage oneself (see 12.00E4).
- Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
- Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
- Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c).
Thank you for that information. Fortunately and unfortunately, mu husband goes to the VA 4 times a month for therpay/psychiatrist meds a month and they refuse to fill anything out for ssdi. I wish they would since they see him all the time. I was wondering if I call ssdi and ask to fill out a form if that would help. I know I am bias as a spouse, but I just feel like people have no idea what my husband goes through on a daily basis. He cannot work. I just wish that ssdi would honor the VA as IU permanent and total.
SSDI is a larger hurdle than VA compensation. My suggestion is apply. The SSA may require an examination. Applying is the only way you will know. Many people are denied at first. Once denied their are attorneys that will take SSDI cases on contingency (meaning they will take part of any back pay due).