*For a transcript of the above video, please scroll to the bottom of the page.
Because the vast majority of veterans that Friedman Disability represents are no longer able to work, our practice focuses on helping these veterans obtain TDIU ratings, which are formally known as Total Disability Ratings based upon Individual Unemployability.
If you are a veteran with service-connected disabilities that preclude you from obtaining and sustaining gainful employment, you are eligible for a TDIU rating, which provides compensation equal to a 100% disability rating. For example, if you have a 70% rating for post-traumatic stress disorder (PTSD) and are unable to work, you are entitled to a TDIU rating and compensation equal to a 100% disability rating, even though you do not meet the scheduler requirements for a 100% rating.
Firm owner and founder, Robert Friedman, handles each and every one of our veterans disability cases personally and has significant experience obtaining TDIU benefits for veterans who are no longer able to sustain gainful employment. Furthermore, over the past twenty years, we have established at track record of success in this particular area of veterans disability law. Among other victories, over the past year or two, we have won TDIU ratings for an Army veteran suffering from bipolar illness and a Vietnam veteran diagnosed with PTSD.
For more information on our approach to obtaining TDIU ratings from the Department of Veterans Affairs, please watch the above video or read the transcript below. Mr. Friedman explains the two principal ways in which our firm helps veterans obtain TDIU ratings.
More specifically, if you have PTSD and are no longer able to work, please read our article entitled, “TDIU Claims and Veterans with Severe PTSD.”
VA Disability: Eligibility for Total Disability Rating Based Upon Individual Unemployability (TDIU)
Hello my name is Robert Friedman. I want to spend a moment talking to you about TDIU ratings in Veteran’s disability cases. TDIU stands for total disability ratings based on individual unemployability. Veterans are able to receive these ratings if their service connected conditions prevent them from performing substantially gainful work. That simply means can they earn above the poverty line or if they are able to earn above the poverty line can they do so in a job that does not give them special accommodations.
My practice focuses on representing veterans with post traumatic stress disorder as a result of combat exposure or military sexual trauma obtain total disability ratings based on individual unemployability.
There are two principal ways that we do this. First we try and obtain medical evidence from treating physicians or examining psychiatrists which explain why the veteran is unable to perform full time gainful employment. As I have described in another video the principal reason why or how PTSD prevents individuals from working is that it prevents them from feeling safe and leaving their home 8 hours a day to do the job as well as prevents them from accepting instructions and criticism on how to do the job.
If we are not able to obtain an opinion from a treating physician about why the veteran is not able to work we regularly refer clients to be evaluated by examining psychiatrists who have experience often having worked for the VA doing these types of examinations.
The second way that we establish TDIU is that we get functional restrictions from physicians which identify the types of limitations the individual would have. For example: their ability to maintain attention and concentration, their ability to accept instructions from supervisors, their ability to make it through a work day without interruption from emotionally based symptoms that those are markedly limited. We then turn those limitations over to a vocational expert and say would there be any jobs that such an individual could perform with these types of mental restrictions. When that vocational expert says no; then that is strong compelling evidence that individual is entitled to a TDIU rating.
If you or a loved one served in the military and are now suffering from PTSD, please do not hesitate to contact our office for a free consultation. Call us at 800-742-5035 or use the contact form on this site.