HadIt.com Elder Josephine Posted July 10, 2008 HadIt.com Elder Share Posted July 10, 2008 (edited) Well, Just what I needed to get my nose to bleeding again. I am sitting here crying and shaking. Is he correct? The Case Worker by the name of Joey called here, from the Huntington, R. O and I just hung up on him. He said if the VA found me to be " unemployable" due to service connected illnesses. They would not pay me a penny if my total income in the family was too high. I told him, I hadn't made a dime since 1983, but he said, your husband is working. I told him, I understood, for compensation, my husbands income did not come into play. He said for me to read Title 38. Where do I report this smart jerk too? and is he correct? I might as well not turn in the papers if he is correct. He said he had not received any copies, not even Senator Warner's. May not go too good that I hung up on him and told him, I may have to talk to a lawyer if he was correct about my husbands income. Thanks, Betty Edited July 10, 2008 by Josephine Link to comment Share on other sites More sharing options...
Done wit this Posted July 10, 2008 Share Posted July 10, 2008 Betty, Sounds like another untrained VA employee,Think about that! does it really surprise you. Keep your headup :P Macool Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted July 10, 2008 Author HadIt.com Elder Share Posted July 10, 2008 Betty Don't listen to these idiots. They probably think you are asking for a NSC pension. They are ignorant. TDIU has nothing to do with income if you are SC. You could have ten million dollars in assets and your spouse could be making a million a year but you can still get TDIU for SC disabilites. McCain gets 100% and his wife has 100 million in assest. John, He just went on and on of his knowledge of Title 38 and how the VA could find me unemployable, due a service connected illness, but I sure better not expect them to pay me for it. My husband had too much income. Well maybe they are at least working on his 11 years retro as my dependent. He knew enough about him. Thanks, I am calming down now. I don't know why I allow these idiots to get me down and doubt my own sense. Always, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted July 10, 2008 Author HadIt.com Elder Share Posted July 10, 2008 Betty, Sounds like another untrained VA employee,Think about that! does it really surprise you. Keep your headup :P Macool Hi Rick, Thanks, why I allow them to get the best of me, I will never know. Thanks so much, Betty Link to comment Share on other sites More sharing options...
Rockhound Posted July 10, 2008 Share Posted July 10, 2008 Betty....this guy is an assclown. If you are receiving a pension, then YOUR income enters the picture. Not your HUSBAND's. For purposes of IU compensation, there is absolutely nothing in Title 38 that says your husband's income is counted. This guy is wrong, wrong, wrong. Send in a complaint to the VSCM at Huntington, and request that this asshat be fired immediately! Rentalguy1: Pesion and compensation are two different things. Pension is for NSC conditions which may be added to SC conditions if TDIU is an issue. For NSC pension purposes, all houshold income is counted towards a differential means test. Husbands income, even a childs income from part time or full time, if still living at home cauld and can be counted towards household income. Even income derived from other sources has the potential of affecting the differential means test for NSC pension, one would get from the VA. Another thing to point out about NSC pension is that any income from those sorces the VA lists as household income must be reported the month they are recerived and if they are received on a regular basis, it must be reproted as such, any increase or decrease is also required to be reported to VA. If not, it could have some effect on future NSC pension you might receive in the future. Pesion is language for NSC conditions which render you 100% disabled and unable to work or if not 100%, then you meet TDIU requirements. Compensation is language for SC conditions that VA pays. Oh Yea, If you pay out of pocket for medical reasons, I believe that is subtrated from the household income means test, for NSC pesion also. I guess that means if your household income is 100 dollars and you pay out 50 dollars, then your income means is only 50 dollars which would then be deducted from the total that the NSC pension was for. Rockhound Rider :P Link to comment Share on other sites More sharing options...
Rockhound Posted July 10, 2008 Share Posted July 10, 2008 I must disagree with those saying that IU is not considered in NSC Pesion. I received a NSC pension and my total disability was 80% VA math 70%, I was also considered TDIU or not employable. So you do not have to have NSC disabilities that total 100% to qualify, so long as one of the disabilities is 50% or more and you are unable to hold down any job. I believe the substantial income means is the same as for SC conditions, but if you do work, I'm not so sure you would be considered for TDIU. If they did award you NSC pension for 100% disability for NSC conditions, then that income would be deducted from the total that the NSC pension paid. But then again, I don't think you would get a NSC pension if you were working, even if it was part time. That is not to say, Not to apply. By all means apply, showing that you are not able to hold down a job that meets the substantial means income test. At least if you got you NSC pension, then even subtracting your income from the pension amount, would hopefully be more than you are making part time. It helped me get buy until I qualified for SSDI, but even though SSDI paid more, It doesn't allow for anything extra and I am seriously considering selling out and moving to a climate that is warmer in the winter, since I can not afford to pay the rising costs for winter heating bills with what SSDI pays. Rockhound Rider :P Link to comment Share on other sites More sharing options...
HadIt.com Elder rentalguy1 Posted July 10, 2008 HadIt.com Elder Share Posted July 10, 2008 Pension is for NSC conditions which may be added to SC conditions if TDIU is an issue. OK...if you're 100% positive on this, then Betty may have a problem. If I'm not mistaken, I believe that she is getting a NSC pension in addition to SC'd comp. Did this change on the last rating you received, Betty? This might actually be worth looking into, and the asshat on the phone may have been correct if this is the case. Please let us know on the NSC pension. Link to comment Share on other sites More sharing options...
Question
Josephine
Well,
Just what I needed to get my nose to bleeding again.
I am sitting here crying and shaking.
Is he correct?
The Case Worker by the name of Joey called here, from the Huntington,
R. O and I just hung up on him.
He said if the VA found me to be " unemployable" due to service
connected illnesses. They would not pay me a penny
if my total income in the family was too high.
I told him, I hadn't made a dime since 1983, but he said, your
husband is working.
I told him, I understood, for compensation, my husbands income did
not come into play.
He said for me to read Title 38.
Where do I report this smart jerk too? and is he correct?
I might as well not turn in the papers if he is correct.
He said he had not received any copies, not even Senator Warner's.
May not go too good that I hung up on him and told him, I may have
to talk to a lawyer if he was correct about my husbands income.
Thanks,
Betty
Edited by JosephineLink to comment
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