Which is better 100% or Individual Unemployability?
By Douglas I. Friedman of Friedman Law Firm, P.C.
Wednesday, February 3, 2021
Should you try to get your overall rating to 100%, or should you seek Unemployability?
Getting your overall rating up to 100% is difficult because of how VA does its arithmetic. For example, a 50% rating and a 50% rating do not equal 100%. Instead they equal 75%. An additional 50% rating raises the overall rating to 88%. You would need six 50% ratings to reach 100% overall.
What does a 100% Rating Mean?
A 100% overall rating means that you are totally disabled occupationally and socially from a medical perspective. Our experience is that if you think you can get to 100% overall, you probably can’t work. This is where Unemployability comes in, because the benefit amount is the same as 100% overall, even though your overall rating is less than 100%.
What is Individual Unemployability?
Also known as Individual Unemployability (“IU”) or Total Disability Individual Unemployability (“TDIU”), IU is based not only on medical limitations, but also on vocational considerations, such as your education, job experience and work skills. This makes it easier to obtain than a 100% overall rating.
Most people who can’t work are not totally disabled; they can do some work, but they can’t work enough to hold down a job. So, you may be able to leap tall buildings in a single bound, like superman, but not be able to attend work regularly because of a mental condition, or to work a full day because you can’t hold out physically. Yes, you can do some work -- you are not bed-ridden --; but you are unable to sustain work eight hours per day, five days per week. If this is the case, you should you qualify for IU.
IU is something that deserves serious consideration instead of trying to get ratings up to 100%. Even a young person can try for IU, and if they are able to return to work later, the IU benefit will have helped to tide them over during their disability.
If you have questions about Unemployability, feel free to contact us at 205-879-3033 or LifeHealth@FriedmanFirmPC.com