Veterans applying for Total Disability based on Individual Unemployability (TDIU) often face challenges not only in obtaining their benefits but also in managing their ability to work due to their disabilities. Many veterans with service-connected disabilities struggle to maintain gainful employment, and workplace accommodations can play a significant role in improving their ability to work. For those pursuing TDIU claims, understanding the relationship between TDIU eligibility and workplace accommodations can be essential, especially when seeking legal support from a VA TDIU lawyer or employment attorney.
How Workplace Accommodations Can Impact TDIU Claims
Workplace accommodations are changes made by an employer to help employees with disabilities perform their jobs. These adjustments might include modifying the work environment, altering job duties, or offering flexible working hours. In many cases, veterans with service-connected disabilities that limit their ability to work may benefit from accommodations that allow them to continue working or adjust their duties to meet their needs.
However, when pursuing a TDIU claim, workplace accommodations can sometimes complicate the process. The Department of Veterans Affairs (VA) evaluates whether a veteran’s service-connected disabilities prevent them from securing or maintaining substantially gainful employment. If accommodations make it possible for a veteran to continue working, the VA might argue that the veteran is not unemployable, even if they still suffer from significant disabilities.
This is where both VA benefits lawyers and employment lawyers can be helpful. While a VA lawyer focuses on securing the disability benefits the veteran deserves, an employment lawyer can assist with understanding the employer’s obligations under the Americans with Disabilities Act (ADA) and other workplace laws.
When Accommodations Affect TDIU Eligibility
It’s common for disabled veterans to receive some form of workplace accommodation, such as adjusting their work schedule or modifying their duties, but still find that their disabilities prevent them from holding a full-time job. While accommodations can allow veterans to continue working, they do not always equate to the ability to maintain substantial gainful employment.
For example, a veteran with a severe back injury may receive accommodations that allow them to work part-time or perform sedentary tasks. However, if the veteran’s condition still prevents them from sustaining full-time work or earning a living wage, they may still be eligible for TDIU benefits. TDIU focuses on a veteran’s inability to engage in substantially gainful employment, not just their ability to work with accommodations.
In these situations, it’s important for the veteran to provide documentation of their work history, how accommodations have affected their employment, and why they are unable to maintain a full-time job despite these changes. As our colleague Gregory M. Rada, Attorney at Law can attest, retaining a VA lawyer can be instrumental in the effective collection and presentation of this evidence to strengthen a claim for unemployability.
Securing Your Benefits And Workplace Accommodations
For veterans with service-connected disabilities, workplace accommodations can provide critical support to remain employed in some capacity. However, when seeking TDIU benefits, it’s essential to understand that receiving accommodations does not automatically mean a veteran is capable of maintaining substantially gainful employment. Legal professionals can help veterans and their employers manage TDIU claims and workplace laws. Whether advocating for accommodations at work or building a compelling case for unemployability, these legal advisors can help veterans secure the benefits they deserve while protecting their employment rights.