Gainful Employment How Much ?

[rickzoo]

Now denied unemplyability 90% disabled. the reason denied was gainful employment(900 a month) Where do I find out if this is a region decision or va wide . Do they decide localy?

[mako25]

Where you initially awarded IU?.. I thought poverty level was quit a bit higher..

[pacmanx1]

http://www.census.gov/hhes/www/poverty/threshld/thresh08.html

Was there any more to the decision? At $900 a month seems like you are just under the wire. Maybe others will chime in, did you apply for IU or did VA decrease you? Or are they trying to decrease you?

Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

[rickzoo]

i was denied and told i could do work.I now pastor a small church but dont feel able to keep it up. They are very understanding and pay me the $900.00 a month . They are looking for a replacement now. VA said i could do sedimantery(sp) work.

[Pete53]

Appeal it cite the regs and elaborate on your situation. 900 bucks a month calculates to 5.19 an hour and us below even minimum wage.

[mako25]

I made about the same amount of money, but included a letter from employer stating he hired me as a friend (which he did) and that he will have to let me go due to loss time because of illness and unreliability. I now have not had any earned income over the past 7mo.

[rickzoo]

Is there a reg or va wide diffination for the term gainful employment?