TID

How do you go about being reclassified from PTD to TID. My husband is 50 and has damaged his hands from chemical burns and has very limited use of them (bathing and such). He has Attention Def. Dissorder and a High school education with very limited skills. He has always been a laborer until his injury. He is also on Paxil for his nerves. He has been disabled for 11 years so far with no chance of him getting better. Our lawyer wants him to look for work "with-in his limitations"??? What work can you get when you can not use your hands? What is the process that we have to go through to have him reclassified to TID and what is you "opinion" on his chances for reclassification. (it sounds like very few workers have been reclassified so far).

Thanks So Much

One of  the keys to a total disability is not being able to work for four hours without a time to lay down to rest in that 4 hour period.

If a person can work without a layiny down break then he or she is not considered to be total disabled in most cases.

So if he or she needs to lay down say every hour or so for 15 or 20 minutes then that person would have an extremly difficult time working.

Your first step would be to have your husband get an evaluation by Vocational Education Services for Individuals with Disabilities (VESID).  This is a state agency within the education department.  For a finding of TID, you must have an evaluation by VESID which will look at education, physical limitations, past work history, etc.  If VESID finds that your husband is retrainable, then it will counsel him on obtaining the retraining, and will pay for it.  If VESID finds that he is not retrainable, then they will file a report with WCB stating that he is not retrainable.  That is the first step in moving for a total industrial disability.  In addition, if your husband has a recorded history of attempting to find employment, and not being able to do so, this will help the claim for TID.  He should keep track of the reasons given for not employing him.

It is not enough for your husband to state there is no job available for him due to his restrictions.  He has to show, but trying to get a job, that there is no employment available for him.