SSDI and Individual Unemployability (TDIU) | CCK Law (2024)

Alyse Phillips

October 20, 2017

Updated: November 20, 2023

SSDI and Individual Unemployability (TDIU) | CCK Law (1)

Social Security Disability Insurance (SSDI) and Total Disability based on Individual Unemployability (TDIU) can be two vital benefits Veterans rely on. Learn what each of these programs are meant for, and how they work together.

What is Social Security Disability Insurance (SSDI)?

SSDI stands for Social Security Disability Insurance. SSDI is a federal insurance program that replaces the income a worker loses because of a significant disability. The SSDI system is funded through workers’ payroll taxes. In return for contributing, those workers are “insured” by the U.S. government if they become severely disabled. The SSDI system is managed by the Social Security Administration (SSA).

Eligibility for SSDI. Anyone who pays (or used to pay) payroll taxes and has a “total” disability is potentially eligible for SSDI. Someone with a partial disability or a short-term disability (lasting less than a year) would not qualify. To be considered totally disabled by the SSA, you must have a medical condition that meets the criteria of a condition listed on the SSA’s list of severe impairments.

Not the same as SSI. SSDI is not the same as Supplemental Security Income (SSI), although both are managed by the SSA. To be eligible for SSI, your yearly income must be below a certain level. For SSDI, this is not the case. A person of any income level can receive SSDI.

SSDI and Individual Unemployability (TDIU) | CCK Law (2)

What is Total Disability Based on Individual Unemployability (TDIU)?

TDIU (also known as IU) stands for Total Disability Based on Individual Unemployability. TDIU is a Department of Veterans’ Affairs (VA) disability benefit available to veterans whose service-connected disability or disabilities render them unable to work. Rather than making up for lost income, TDIU is meant to compensate veterans who were made unemployable by in-service injuries, illnesses, or events.

RELATED: Read our in-depth description of TDIU Eligibility

Eligibility for TDIU. To be eligible for TDIU, you must meet the following requirements:

  • You are unable to work due to your service-connected disability(s); and
  • You have a single, service-connected disability rated at least 60%; or
  • You have more than one service-connected disability, with at least one disability rated at 40% and a total combined rating of at least 70%.
  • NOTE: Some veterans may still be entitled to TDIU even if they do not meet the percentage requirements above, but the process is different.

RELATED: If you work, but your employer makes significant accommodations for your disability, check out our post on eligibility for TDIU based on the “Protected Work Environment” rule.

What’s the difference between SSDI and Individual Unemployability (TDIU)?

Some important differences between SSDI and TDIU are as follows:

Origin of Disability. For TDIU, VA only considers your service-connected disabilities. For SSDI, the SSA considers all of your disabilities, regardless of their origin or cause.

Age. For TDIU, VA cannot consider your age when determining your eligibility. For SSDI, your age is a very important factor in your claim.

If I’m receiving SSDI benefits, will I automatically qualify for Individual Unemployability?

No, not automatically. Even though both benefits are meant for totally disabled persons who are unable to work, receiving SSDI does not automatically make you eligible for Individual Unemployability because of the differences mentioned above.

But receiving SSDI could potentially help with your TDIU claim. VA is required to take SSA’s decisions into consideration if they are related to your service-connected disabilities and you make VA aware of them. Once VA is aware of your SSA records, they must attempt to get those records. Those records may contain medical opinions or vocational reports from SSA staff that could help support your TDIU claim. Additionally, if an SSA adjudicator finds that your service-connected condition alone prevents you from working, a VA adjudicator who disagrees must provide an adequate explanation as to why.

However, receiving SSDI could also potentially hurt your TDIU claim. When reviewing your claim, VA must consider favorable as well as unfavorable evidence in your SSA records. So, if your SSA records include negative medical opinions or other unfavorable evidence, that will be taken into account by VA. Additionally, your SSA records may hurt your claim if you have many disabilities or other similar-but-not-service-connected disabilities. For Individual Unemployability, you must show that you are unemployable because of your service-connected disability or disabilities alone. So SSA records that show that your non-service-connected disability or disabilities are responsible for your unemployability could make it harder to prove your VA claim.

Wounded warriors and P&T disability in SSDI claims. Social Security provides expedited processing of disability benefit applications for wounded warriors and veterans with a VA compensation rating of

Can I receive SSDI and TDIU benefits at the same?

Yes, you can qualify for and receive SSDI and Individual Unemployability at the same time. And, unlike some other federal benefits, there is no “double-dipping” offset. That is, you can collect the full amount of both SSDI and Individual Unemployability at the same time.

SSDI and Individual Unemployability (TDIU) | CCK Law (2024)

FAQs

SSDI and Individual Unemployability (TDIU) | CCK Law? ›

The schedular requirements for Individual Unemployability are as follows: The veteran has one service-connected disability rated at least 60 percent disabling; OR. The veteran has more than one service-connected disability, with one condition rated at least 40 percent, and a combined rating of at least 70 percent.

Can I receive SSDI and TDIU at the same time? ›

TDIU benefits are for Veterans with service-connected conditions that prevent them from finding substantially gainful employment. Age is not considered a factor in awarding benefits. Veterans can receive both SSDI and TDIU if they qualify, but approval for SSDI will not automatically lead to approval for TDIU benefits.

Can you go from TDIU to permanent disability? ›

It is also possible for initially temporary TDIU benefits to become permanent TDIU benefits. This happens either if you are 70 years or older or you have received TDIU benefits for 20 years or more consecutively. Can The VA Reduce Or Terminate My TDIU Benefits?

Can Tdiu be taken away? ›

While the VA cannot take away your TDIU benefits without justification, it is within their right to require you to have periodic medical examinations to assess whether TDIU is warranted.

Can the VA take away individual unemployability? ›

However, with unemployability, the VA can and will revoke unemployability if a veteran becomes employable again.

Can I get SSDI with 100% VA disability? ›

A Veterans Affairs compensation rating of 100% P&T doesn't guarantee that you'll receive Social Security disability benefits. To receive disability benefits from Social Security, a person must have a severe impairment expected to last at least one year or to result in death.

What is 100% total disability based on individual unemployability TDIU? ›

Total Disability based on Individual Unemployability is a benefit offered by the Department of Veterans Affairs that allows disabled veterans who are unable to work due to a service-connected disability(ies) to receive disability compensation equal to a 100 percent rating, even if their combined disability rating is ...

What is the 10 year rule for TDIU? ›

The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.

How far back does Tdiu back pay? ›

Instead, back pay should extend back to the effective date of your inability to work, so long as the issue was reasonably raised to VA during the processing of a prior claim or during an appeal period.

What is the 70-40 rule for VA disability? ›

To be eligible for schedular TDIU benefits, a veteran must have either: a single service-connected condition with a rating of at least 60 percent; or. (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

Can I lose my 100% permanent and total VA disability? ›

If you have a 100 percent Permanent and Total (P&T) rating, it is very unlikely you will be re-evaluated or have your rating reduced. That is only going to happen if your 100 percent rating was found to be fraudulent.

Does Tdiu end at 67? ›

No, TDIU doesn't end at 67 years of age.

However, to continue TDIU benefits, the VA must deem you unable to work.

Can disabled veterans fly free? ›

Veterans who are rated by the VA as permanently and totally disabled can travel Space-A (space available) on military aircraft for free. If you qualify you can travel in the continental United States (CONUS) or directly between CONUS and Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa.

Does Tdiu help with SSDI? ›

Using TDIU Evidence to Support an SSDI Application

Although the SSA has its own rules and application process, it must consider any medical evidence used to support a Veteran's claim for TDIU benefits. As such, someone approved for TDIU stands a good chance of being granted SSDI benefits as well.

How do you win individual unemployability? ›

In order to qualify for IU, you must have one of the following: 1) a 60-percent or more disability evaluation based on a single service-connected disability or, 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more.

How hard is it to get Tdiu from the VA? ›

Successfully obtaining extra-schedular TDIU can be incredibly difficult, however, and the VA will look for clear and compelling evidence that your service-connected disability interferes with your ability to live and work.

Can you get Social Security disability and VA disability at the same time? ›

The VA pays disability compensation to veterans who have a service-connected disability resulting from a condition that was incurred during or aggravated by active military service. SSDI and VA disability compensations are not affected by each other, so you may be eligible to receive both.

Which is harder to get SSDI or VA disability? ›

Although Social Security Disability Insurance (SSDI) and VA Disability benefits are government programs, each depends on a different entity and has its requirements, both with their pros and cons. In the first instance, it may be easier for a veteran to obtain VA Disability since it is designed specifically for them.

Is Tdiu considered P&T? ›

In some cases, getting rated for TDIU may lead to a permanent total rating, but only if your condition is not expected to improve.

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