This document discusses the legal standards and evidence required for successful total disability individual unemployability (TDIU) claims. It notes that TDIU ratings are based on the average impairment of earning capacity rather than individual success. Evidence like work history, education, training, medical opinions on functional limitations, and Social Security determinations must be considered. The document also discusses marginal employment, extraschedular TDIU, and the definition of "substantially gainful occupation."
Presentation to the North Queensland Return to Work Conference in late April 2016. Summarises ISCRR's research on medical certification for return to work and the role of General Practitioners in return to work.
Presentation to the North Queensland Return to Work Conference in late April 2016. Summarises ISCRR's research on medical certification for return to work and the role of General Practitioners in return to work.
If you have been physically or psychologically injured as a result of your defence service (including reservists and cadets), you may be able to claim for compensation. If you were a prisioner of war, you may be able to claim even if you were/are a civilian. In this presentation, we provide a broad overview of some of the types of compensation available for service-related injury or disease. This presentation does not cover compensation for dependents of people who have been in service.
There are many different types of compensation available to people who have been injured or incapacitated in Australia's defense forces. Similarly, the family members may be able to claim compensation for the death of a current or former members of the defense forces. If you believe that you should be able to claim compensation, then your first point of call will be to look at the information on the DVA's website. You are also welcome to call Owen Hodge Lawyers for an obligation free discussion of your situation. Call us today at 1800 770 780 or contact us via ohl@owenhodge.com.au to schedule a consultation with one of our experienced lawyers.
The Department of Education discharges tens of thousands of federal student loans due to the borrower disability. Learn what is need to successfully prove disability to earn a discharge of a federal student loan. Michigan attorney Thomas Golden also explains how a student loan discharge might financially harm certain disabled people.
If you have been physically or psychologically injured as a result of your defence service (including reservists and cadets), you may be able to claim for compensation. If you were a prisioner of war, you may be able to claim even if you were/are a civilian. In this presentation, we provide a broad overview of some of the types of compensation available for service-related injury or disease. This presentation does not cover compensation for dependents of people who have been in service.
There are many different types of compensation available to people who have been injured or incapacitated in Australia's defense forces. Similarly, the family members may be able to claim compensation for the death of a current or former members of the defense forces. If you believe that you should be able to claim compensation, then your first point of call will be to look at the information on the DVA's website. You are also welcome to call Owen Hodge Lawyers for an obligation free discussion of your situation. Call us today at 1800 770 780 or contact us via ohl@owenhodge.com.au to schedule a consultation with one of our experienced lawyers.
The Department of Education discharges tens of thousands of federal student loans due to the borrower disability. Learn what is need to successfully prove disability to earn a discharge of a federal student loan. Michigan attorney Thomas Golden also explains how a student loan discharge might financially harm certain disabled people.
In late September, the Federal Trade Commission announced what is likely the most substantial auto dealer enforcement action in the agency’s history. While most of the FTC’s earlier cases have focused solely on dealer advertising, this action against 9 California dealerships alleges over a dozen different types of violations. And unlike previous cases where there were no initial monetary penalties, this time it looks like they’re seeking massive financial consequences for the dealers involved.
In this informative presentation we’ll examine each of the FTC’s latest claims in detail and discuss best practices on how your dealership can avoid being targeted by federal and state regulators. The game is changing and it pays to be prepared.
Connecticut Automotive Retailers Webinar November 8th, 2016
In late September, the Federal Trade Commission announced what is likely the most substantial auto dealer enforcement action in the agency’s history. While most of the FTC’s earlier cases have focused solely on dealer advertising, this action alleges over a dozen different types of violations. And unlike previous cases where there were no initial monetary penalties, this time it looks like they’re seeking massive financial consequences for the dealers involved.
In this informative presentation we’ll examine each of the FTC’s latest claims in detail and discuss best practices on how your dealership can avoid being targeted by federal and state regulators. The game is changing and it pays to be prepared.
Unfair and Deceptive Acts and Practices Enforcement: Is your Facility at Risk?Jim Radogna
In this informative webinar, KPA F&I experts Jim Radogna and Ryan Lane will address these potential and legal pitfalls and suggest best practices for avoiding being caught up a “UDAP Trap.”
Unfair and Deceptive Acts & Practices Seminar - Chicago Automobile Trade Asso...Jim Radogna
Dealers have plenty to worry about when it comes to rules and regulations governing the industry, but perhaps the most harrowing are known as “UDAPs”.
Unfair and Deceptive Acts and Practices (UDAP) statutes are consumer protection laws that address what lawmakers consider to be “unethical” or otherwise “bad” business practices. The FTC Act and the Illinois Consumer Fraud and Deceptive Business Practices Act both prohibit unfair or deceptive acts or practices. These statutes have far-reaching implications for auto dealers because they provide for enforcement by the government to stop the practices, individual actions for damages brought by consumers who are hurt by the practices, and even criminal liability.
Dealers need to be aware that these statues are extremely broad and not only prohibit acts and practices that fall directly under the purview of specific laws, but also any other practice that is determined to be unfair or deceptive to the consumer. A behavior can be found to be unfair and deceptive and thus actionable even though it does not constitute fraud, breach of contract, or negligence under more traditional law. As a result, UDAP claims are a favorite among consumer attorneys – especially those seeking class action lawsuits.
There are a wide variety of dealer sales, F&I, and advertising practices that may be considered to be unfair or deceptive by regulators or courts. Some of these are commonly-known, while others may surprise you.
In this informative seminar we’ll address these potential legal pitfalls and suggest best practices for avoiding being caught up in a “UDAP Trap”.
This seminar is highly recommended for dealership upper management as well as sales managers, F&I personnel, sales consultants, and others – anyone who interacts with, or markets to, consumers.
Which Gov't Agencies are Targeting Auto Dealers… and How to Reduce Your ExposureJim Radogna
Discover the Top Areas for Enforcement and Penalty Currently Costing Other Dealerships a Bundle! High Risk Areas for All Dealership Departments.
When it comes to government regulation and enforcement it seems that Auto Dealerships have a huge target painted on the rooftop.
Laws and regulations impacting auto dealers are many. However, this workshop we will focus on the top enforcement threats facing most auto dealers today and how you can prepare and adjust to lessen your dealership's exposure.
You will learn:
Which Federal & State Regulators are most active in dealerships right now
The most common enforcement actions taken against dealerships today
About the specific enforcement cases and the resulting monetary damages
Specific risks for Variable Operations, Fixed Operations & Human Resources
Best Practices to Avoid these very real potential liabilities
Using Transparency as a Competitive Advantage - Winning Strategies for Today’...Jim Radogna
Auto dealers are constantly looking for ways to get an edge in the digital age, yet many continue to follow the same sales and advertising practices that they’ve been using for decades. Let’s face it, consumers have access to much more information, and choices, than ever before. In the past the dealer controlled all of the information, but today it’s just the opposite. Any information you offer is now carefully scrutinized and validated by a vast amount of online data. As a result, the likelihood of old-school sales practices backfiring has increased substantially. In this dynamic session, I’ll be discussing ways to break down deep-rooted stereotypes and embrace the transparency that consumers have been begging for. A transparent business model can greatly enhance your sales, reputation, customer retention, and bottom line. You’ll find that customers will actually be willing to spend more when they feel they’re buying from a business they can trust.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Overview on Edible Vaccine: Pros & Cons with Mechanism
NACVSO 2019 CVA TDIU
1. SUCCESSFUL TDIU CLAIMS:
EVIDENCE MATTERS
National Association of County Veterans Service Officers
2019 CVA Training – Cleveland, OH
Presenter:
Katrina J. Eagle, Esq.
2. Total Disability Ratings per VA’s SRD
38 C.F.R.§4.15:
“The ability to overcome the handicap of
disability VARIES WIDELY among
individuals. The rating, however, is based
primarily upon the AVERAGE
IMPAIRMENT IN EARNING
CAPACITY, that is, upon the economic
or industrial handicap which must be
overcome and not from individual success
in overcoming it.”
3. 38 C.F.R.§4.15 cont’d:
“… full consideration must be given to
unusual physical or mental effects in
INDIVIDUAL CASES, to peculiar effects
of occupational activities, to defects in
PHYSICAL OR MENTAL endowment
preventing the usual amount of success in
overcoming the handicap of disability and
to the effect of combinations of disability.
Total disability will be considered to exist
when there is present any impairment of
mind or body which is sufficient to render
it impossible…to follow SGE.”
TDIU
4. 38 C.F.R.§4.16: Total disability ratings
for compensation based on
unemployability of the individual
“Total disability ratings for compensation
may be assigned, where the schedular
rating is less than total, when the
disabled person is, in the judgment of the
rating agency, UNABLE TO SECURE OR
FOLLOW A SUBSTANTIALLY GAINFUL
OCCUPATION as a result of service-
connected disabilities.”
TDIU
5. Unemployability – 38 C.F.R.§4.16(a)
Eligibility requirements (Schedular):
• One disability rated at least 60% OR
• Multiple disabilities, with one
disability rated at least 40%, and a
combined rating of at least 70%.
• And, “Marginal employment
SHALL NOT be considered
substantially gainful employment.”
TDIU
6. The following are considered to be one disability:
Disabilities of one or both upper
extremities, or of one or both lower
extremities, including the bilateral factor
Disabilities resulting from a common
etiology or a single accident
Disabilities affecting a single body system,
e.g., orthopedic, digestive, respiratory,
cardiovascular-renal, neuropsychiatric
Multiple injuries incurred in action
Multiple disabilities incurred as a prisoner
of war
Example: if a veteran suffers from several service-connected heart
disabilities such as congestive heart failure and hypertension,
the combined rating for these disabilities need only be 60% to
qualify for TDIU
TDIU
7. VA May Not Consider in TDIU Claims:
The veteran’s age
The veteran’s non-service-connected
disabilities
The VA must provide a clear explanation of the
current degree of unemployability
attributable to service-connected
conditions as compared to the degree of
unemployability attributable to non-
service connected conditions (medical
opinion may be necessary)
TDIU
8. Unemployability – case law
VA must consider the claimant’s
work history, education, and
training, and cannot reject a claim
“without producing evidence … that
the veteran can perform work that
would produce sufficient income to
be other than marginal.” Beaty v.
Brown, 6 Vet.App. 532, 537 (1994).
TDIU
9. Unemployability – case law
The unemployability determination is
based on the effect of service-
connected conditions only.
A Social Security determination is not
binding on VA (and vice-versa), but it
is “relevant to the determination of
[the veteran’s] ability to secure and
follow a substantially gainful
occupation.” Murincsak v. Derwinski, 2
Vet.App. 363, 370 (1992).
TDIU
10. “Marginal Employment”
Can establish marginal employment
either by demonstrating income less
than the poverty threshold or by the
facts of the case
The facts or evidence must establish
that the Veteran is incapable of securing
or following SGE
TDIU
11. Extraschedular TDIU
38 C.F.R.§4.16(b): “… all veterans
who are unable to secure and follow
a substantially gainful occupation
by reason of service-connected
disabilities SHALL be rated totally
disabled.” (emphasis added).
12. 38 C.F.R. § 4.16(b):
Veterans who are unemployable due
to SC conditions, but don’t meet the
% requirements, should be referred
to Compensation Service Director for
extraschedular TDIU consideration.
What if the Director denies
extraschedular TDIU?
TDIU
13. Wages v. McDonald (2015):
If Comp. Service Director denies extra-
TDIU, the Board is not bound by the
Director’s denial.
The Board must refer case to Director first,
but thereafter, the Board has full authority
to review the issue de novo and award
extraschedular TDIU per 38 C.F.R. 4.16(b).
TDIU
14. Withers v. Wilkie (Aug. 10, 2018)
When a Veteran’s ability to perform
“sedentary work” is a basis for the Board’s
decision, the meaning of sedentary work
must be determined from the particulars of
the medical opinion(s) in which it was used.
The Board must explain how SW factors
into the V’s overall disability picture and
vocational history, and V’s ability to secure
or follow substantially gainful occupation.
COURT CASES – TDIU
15. 38 C.F.R. § 4.16(a):
TDIU is available for veterans who are
“unable to secure or follow a substantially
gainful occupation as a result of service-
connected disabilities.”
“Sedentary work” is not a listed factor in
4.16(a)!
“Sedentary work” not defined in any
VA statute or regulation.
COURT CASES – TDIU
16. 38 C.F.R. § 4.16(a):
VA has not proposed, and CAVC has not
adopted an interpretation of 4.16 that a
Veteran’s ability to “secure or follow
substantially gainful occupation” is
determined solely or primarily by V’s
ability to perform sedentary work.
When assessing for IU, Board “must
take into account the individual V’s
education, training, and work history.”
COURT CASES – TDIU
17. Withers v. Wilkie (Aug. 10, 2018)
“Before the Board can rely on a VA
examiner’s finding that a Veteran is capable
of sedentary work to deny IU, it must also
ensure that the finding is consistent with
medical evidence as a whole.”
Sedentary work is not an explicit IU factor,
but if the Board denies IU due in part to SW,
then it must explain how it interprets that
concept in the context of that case.
COURT CASES – TDIU
18. Withers v. Wilkie (Aug. 10, 2018)
To be clear, the concept
“sedentary work” is absent from
4.16 and thus, is not necessarily
part of a proper TDIU analysis.
COURT CASES – TDIU
19. Sedentary work can require:
Communicating, remembering, following
instructions, using judgement, adapting to
change, and dealing with co-workers,
supervisors and the public
Experience with computers, data entry,
typing, customer service or research, writing
and analysis
Sitting or standing for prolonged periods
Loss of fine dexterity
Does the veteran’s disabilities OR
educational/occupational limitations preclude
any of the above???
TDIU
20. “Sedentary work” development
Lay statements showing the need for frequent
breaks and difficulty sitting for long periods of
time
Medical records showing pain while sitting for
long periods of time
Medical and/or Vocational reports based on a
review of the record
Veteran’s employment history and education -
are skills transferable?
Can Veteran work more than “marginal’
employment?
TDIU
21. TDIU & “Substantially Gainful Employment”
Ray v. Wilkie, CAVC no. 17-781 (Mar. 14, 2019)
VA argued SGE is undefined on purpose;
CAVC rejected nebulous concept without more
VA has not defined “SGE,” so the CAVC
used Social Security regulation as guidance.
The definition has two components:
economic AND non-economic.
22. TDIU & SGE
Ray, continued:
Economic = occupation earning
more than marginal income (outside a
protected environment) as the U.S.
Dept. of Commerce defines as poverty
threshold for one person.
23. TDIU & SGE
Ray, continued:
Non-economic factors
the veteran’s history, education, skill, and
training;
the veteran’s physical ability (exertional and
nonexertional) to perform work (sedentary,
light, medium, heavy, or very heavy); and
the veteran’s mental ability to perform regular
work.
24. TDIU & SGE
Ray, continued:
Physical factors may include but are
not limited to: limitations concerning
lifting, bending, sitting, standing,
walking, climbing, grasping, typing,
reaching, auditory and visual.
25. TDIU & SGE
Ray, continued:
Mental factors may include but are
not limited to: limitations concerning
memory, concentration, ability to
adapt to change, handle workplace
stress, get along with coworkers, and
demonstrate reliability and
productivity.
26. XTDIU
The decision to refer for extraschedular
TDIU consideration is not binding – but
before the Board can deny E-TDIU, it
“must provide adequate reasons or
bases for deviating from its earlier
referral decision.” Ray v. Wilkie *2.
Decision to refer & award are based on
very different standards.
27. XTDIU
Decision to refer “addresses whether
there is sufficient evidence to
substantiate a reasonable possibility that
a veteran is unemployable by reason of
his or her service-connected disabilities.”
Ray v. Wilkie at *7.
28. XTDIU
The Board must adequately explain “its
reasoning when a factual finding made at
the referral stage comes out differently at
the review stage.” Ray v. Wilkie at *8.
Factors include:
“the certainty or complexity of factfinding in
the initial referral decision” and
how much the record has changed since
referral.
29. VA Must Consider in TDIU Claims:
The veteran’s educational and
occupational history when determining
whether the veteran’s service-
connected disabilities preclude him or
her from securing or following
substantially gainful employment
VA may not “merely allude to
educational and occupational history
without attempting to relate these
factors to the disabilities of the veteran”
(Cathell v Brown)
TDIU -- Recap
30. VA Must Consider in TDIU Claims:
When the VA has been put on notice that the
veteran is receiving Social Security disability
benefits it is obligated to obtain any relevant
SSA records because SSA unemployability
benefits are relevant to the determination of
the veteran’s ability to secure a substantially
gainful occupation under §4.16
TDIU determinations are made by a
VA adjudicator, not a medical
examiner
However, the rater should render an opinion
based on all of the lay, medical and vocational
evidence of record
TDIU -- Recap
31. • Doctors are qualified to define physical or
mental limitations caused by a condition, but
have no expertise in translating this info into
the degree of impact on the ability to work,
particularly when dealing with combination of
physical and mental limitations.
• Claims for TDIU can benefit from a
professional opinion from a vocational expert
who can determine whether the veteran is
qualified in education and experience for the
type of job that he is medically fit to perform
(e.g. “sedentary employment”)
• And, or consider VA’s Voc Rehab Program
TDIU -- Recap
32. ADVOCACY POINTS:
Ask the veteran about the nature of his/her
employment and accommodations made by employer.
VA must consider combined effect of multiple
conditions when assessing entitlement to
extraschedular TDIU.
If RO denies IU based on “sedentary work”, appeal to
BVA and list all relevant factors that conflict with SW
finding.
Use the factors listed in Ray (p17) when explaining
why the Veteran does not have the physical or mental
abilities for SGE
TDIU -- Recap
33. Questions?
Feel free to contact us:
Katrina J. Eagle
T: 858-549-1561
katrina@eagleveteranslaw.com
Jim Radogna
T: 858-549-1561
jim@eagleveteranslaw.com
TDIU