Total Disability Individual Unemployability (TDIU) benefits are offered by the VA to qualifying veterans who are unable to work because of a service-related disability. Unlike other benefits, TDIU benefits are paid at a 100 percent rate, even when a recipient has not received a rating of total disability.
However, there are other requirements that applicants must meet before they will be approved, so if you sustained a service-related injury and now suffer from a disability, it is critical to speak with an experienced Danville TDIU attorney who can walk you through the filing process.
In most cases, veterans must be able to prove that their service-connected disability has been rated 100 percent disabling by the VA before they can collect total disability benefits. There is an exception, however, for veterans who can meet the threshold for TDIU benefits, which requires a showing that they have:
It’s important to note that even when a veteran is suffering from multiple injuries, the VA may only label them as a single disability. This is because the VA considers the following types of injuries to be one disability:
In rare situations, the VA may decide to award benefits even when an applicant’s disability ratings do not reach the necessary threshold. However, this only occurs in exceptional circumstances, such as when a disability has resulted in a marked interference with employment or such frequent periods of hospitalization that applying for normal disability benefits is not practical.
Finally, in order to collect TDIU benefits the veteran must be able to provide evidence that he or she is unable to keep employment because of service-connected disabilities. Generally, marginal employment is not employment for purposes of determining whether a veteran qualifies for TDIU benefits. Marginal employment usually exists when a veteran’s earned annual income doesn’t exceed the amount established by the Department of Commerce as the poverty threshold. However, even when a person’s income does exceed the poverty level, his or her employment could still be considered marginal if it is in a protected environment, such as a family business.
If you were injured while serving your country, you and your family may be eligible for TDIU benefits, even if your disabilities are not considered 100 percent disabling. To learn more about your options, please contact an experienced Danville TDIU lawyer at The Comerford Law Office, LLC by calling 312-863-8572 today. Initial consultations are conducted free of charge.
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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