tdiu *important* Visited Va Claims Rep

[Cherie33]

I visited a VA Claims Rep and he told me that I should not file for TDIU if I plan to earn any money. He said if I earn any money (I am a notary and earn money doing notarial acts from time to time)that the VA will find out and cease all of my current benefits and make me pay back everything that would be paid to me.

He also said that perhaps I should file IU P & T in a few months giving me time to have had my Combined 70% rating a few months. If I am awarded IU P&T, I could earn money with no problem.

What do you guys think? He told me gainful employment to the VA means any kind of employment. (even being a notary)

Please advise...

Thanks Cherie33.

[LarryJ]

Of course, if the small amount that you earn as a Notary Public is paid to you in ca$h......then that puts a whole new light upon the subject. I, for example, always pay my Notary in ca$h. He always puts it in his pocket, of course I am SURE that he reports all this income.........otherwise the US Gubbermint would have NO WAY of knowing that you WERE, in fact, making any money......why, not even the VA would have any way of knowing.........know what I mean, Verne?

[Vike17]

Larry,

I certainly hope you're not implying that Cherie should work under the table, which would be rather illegal!!!!!!!!

Vike 17

[LarryJ]

WELL!

I am ashamed of you, even suggesting that I, a stalwart, registered voter, a member of my local Lodge, a G-d-fearing man, a veteran, a guy that has never (almost) ever even exspeeeded the seed limit......that I would even entertain such a dastardly deed.

[Vike17]

Larry,

That's good to hear that would never entertain such a thought!!

Vike 17

[theotherguy]

Cherie,

I hate to tell you this, but your representative clearly has no idea what he/she is talking about. I'm assuming that you figured this or you would not have brought the question here.

I would recommend that you go ahead and file the claim ASAP to protect any retroactive benefits you may potentially be entitled to receive. The only thing I could see that would prevent this would possibly be the answer to these two questions?

How many hours per week due you spend working as a notary? Is your annual salary greater than $9k?

The applicable portion of 38 CFR 4.16(a) that you should be focused on is:

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.

Hope this helps!

[sixthscents]

Cherie,

As everyone else has said, your rep is an idiot. File for TDIU.

LarryJ,

You a mason?