Although disabled veterans are eligible to collect benefits, the amount that they can receive depends on the severity of their injuries, which are ranked on a scale of ten to 100 percent, with 100 percent representing total disability.
Those whose injuries are rated as 100 percent disabling can collect total disability benefits. Unfortunately, even a disability is rated as less than totally disabling, could be serious enough to keep a veteran from obtaining employment. To address these situations, the VA provides Total Disability Individual Unemployability (TDIU) benefits to former service members who cannot keep substantially gainful employment because of their disabilities.
Filing a claim for TDIU benefits can be difficult, so if you sustained a service-connected injury and cannot secure employment as a result, it is crucial to contact an experienced Chicago Heights TDIU attorney who can assist you.
Only veterans who can provide evidence that they are unable to find or keep substantially gainful employment can collect TDIU benefits. Whether employment qualifies as gainful depends largely on the amount being earned. For instance, if a veteran’s earned annual income doesn’t exceed the poverty level, his or her employment won’t qualify as substantial, but will fall under the category of marginal. In some cases, when a veteran does have substantial employment, he or she can still collect TDIU benefits, but only if the VA considers the job to be marginal. This usually applies in situations where the veteran is employed by a family members or in a job where he or she is not expected to perform at the level of other employees in the same position.
Aside from proving that they are unemployable, claimants must also provide evidence that:
In rare cases, when exceptional circumstances warrant it, the VA will still decide to grant TDIU benefits even if these elements are not fulfilled.
Former service members who collect TDIU benefits can generally continue to do so until they secure substantially gainful employment. Often, the VA will schedule regular examinations and request updated employment information from TDIU recipients to ensure that they are not unfairly collecting benefits. In the event that these investigations reveal that a veteran is employable, the VA will terminate his or her benefits.
If you were injured while serving your country, but the VA has deemed your injuries less than totally disabling, you may be eligible to receive TDIU benefits. To begin the process of filing your own claim, please call The Comerford Law Office, LLC at 312-863-8572. Initial consultations are conducted free of charge, so please don’t hesitate to call or contact us online.
I contacted Jim after my first denial for SS Disability. He was referred to me by a good friend who had retained him for her Disability odyssey as well. My Disability case was somewhat difficult because I didn’t have a nice, large cache of medical documentation to back up my claim. Despite this and other complications Jim helped me get through my hearing and I received a fully favorable decision from the Judge and now I am just waiting to start receiving my benefits,
James is an absolutely great lawyer. He fully understands his area of expertise, he’s quick to answer any questions with clear, concise directions on how to proceed. His insight into understanding how to navigate with many case laws and government agencies helped me as his client better understand the case law and it’s ways. James is quick to answer emails and phone calls, and made me feel very comfortable. I highly, highly recommended James for his case law specialties. A professional and true gentleman, even when I would ramble on with worry, James was very understanding and able to put my concerns at ease.
Jim is absolutely one of the nicest, most compassionate, and intelligent lawyers out there. He is fast to answer any question with clear, concise direction. His insight into understanding how to navigate with many government agencies helps his clients in many ways. Jim is quick to answer emails and calls, and makes his clients feel very comfortable. Highly, highlyrecommended.
Jim is a good lawyer that helped us through a difficult purchase of our home(he also was the lawyer for the sale of our previous home).
We had quite a few issues with the details of the purchase with both the bank and the seller that James made sure were resolved as quickly as possible. When the selling lawyer would not respond to phone calls/emails Jim physically went to the lawyer’s office and made sure that the final details were pushed through.
I would recommend Jim as an attorney as he is very knowledgeable and thorough on the work that he does.
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