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?

[Pete53]

I don't know how often we go through this exercise but the fact is and remains the same that if you work your run the risk of losing 100% and as hard as 100% is to get it is really not worth it?

You can volunteer and help others and not run this risk if you need something to do or get a copy.

I went through the same issues most of us do. Many of us worked hard our whole life and it is hard to not to work.

I made my Peace with this when I accepted that I am retired and I paid my dues.

[cowgirl]

Thank you Poolguy, well stated and I get it. Each IU claim case has it's own merits. As far as references, the claimant and processor 'partnership' deserves a clear guide for proper consideration. As they say, 'information is power'. My thoughts if a veteran were to submit a valid and well done claim the first time for correct compensation - that'd be great for everyone. Truly, the many items a VA employee must have to consider when processing a claim are beyond my limited scope. I appreciate you.

My thoughts, if a veteran is compensated at 90% or 100% and able to work, definitely go for it. Its important to keep busy, be needed and have income! IU is not for everyone, certainly not a consideration for me until a few years ago. And something I didn't prefer to request unless needed, as was SSDI. My family were 'waste not want not' depression era and would rather go bare bones than ask for handouts.

'There but for the the grace of God go I'

Cowgirl

Where is the criteria that states that the VBA does not have to really consider reasonable doubt? Put yourself in mind-set of the average VA employee making a decision- no legal background, under-trained, overworked, and the list can go on.

The legal remedy to this particular case would be as I described in the second half of my post Vs. taking many years trying to convince the VBA what they already should know.

When it comes to IU claim there many exceptions to the rule, for example- if you work for a small family owned/ran business then the weight that the VBA has to place on your employment should be considered less-than what they would a purely privet employer.

So, I can explain why the VA does not consider reasonable doubt, like the income in this case. However, rather than focus upon what is obviously wrong, Lets advise this veteran how to remedy the situation by having his employer craft a detailed letter why he/she is soon to-be unemployed due the their S/C disabilities.

What this boils down to is which would one rather do, take 3 to 5 years winning this claim by law as it should be correctly applied or get this handled in possibly 1 to 2 years via a different but sound approach that any lay-person can make reason with?

This is the exact problem here on hadit, everyone wants a law or reference to this or that so that they can "fight the good fight". All-the-while, your dealing with a agency were first level of claims adjudications is informal and adjudicated by lay-persons.

[john999]

IU and SSDI are not "handouts". That may be what the powers want you to believe, but it is not true. IU is compensation for losing the ability to work to support yourself due to service connected injury or illness. I don't think many people would enlist if they knew that if injured they would be forced to live on charity. However, that is often the case, and that is the shame of the nation.

[rickzoo]

Where is the criteria that states that the VBA does not have to really consider reasonable doubt? Put yourself in mind-set of the average VA employee making a decision- no legal background, under-trained, overworked, and the list can go on.

The legal remedy to this particular case would be as I described in the second half of my post Vs. taking many years trying to convince the VBA what they already should know.

When it comes to IU claim there many exceptions to the rule, for example- if you work for a small family owned/ran business then the weight that the VBA has to place on your employment should be considered less-than what they would a purely privet employer.

So, I can explain why the VA does not consider reasonable doubt, like the income in this case. However, rather than focus upon what is obviously wrong, Lets advise this veteran how to remedy the situation by having his employer craft a detailed letter why he/she is soon to-be unemployed due the their S/C disabilities.

What this boils down to is which would one rather do, take 3 to 5 years winning this claim by law as it should be correctly applied or get this handled in possibly 1 to 2 years via a different but sound approach that any lay-person can make reason with?

This is the exact problem here on hadit, everyone wants a law or reference to this or that so that they can "fight the good fight". All-the-while, your dealing with a agency were first level of claims adjudications is informal and adjudicated by lay-persons.

how can i do it in a year or two?

[pacmanx1]

I would think the fastest way for you to get IU is to have your doctor write a statement, stating that due to your health that you are unable to continue to keep your current position and that it is his/her medical opinion that you are unemployable. Once after you receive this letter put in for a request for reconsideration for IU. It may take a few months but less than a year. You would have to be not working at the time you submit the claim. Since it involves a church, just volunteer some of your time but not in the same way. You can also apply for SSDI (Social Security Retirement). If you are still considered terminal, you can ask VA to process this claim as a hardship.

Hope the best for you and your family and may God bless you.

Others may chime in.

[Ricky]

www.va.gov/ogc/docs/2005/PREC52005.doc

This may give you some idea on how they look at it.

Also remember - when they speak of the proverty level it is the proverty level for one person. For 2009 that it 10,830.00. 900 bucks a month puts you at 10,800.00 So they take this, your education level, and past/present work history into consideration when they make this decision.

If you are a four year college grad who could do a sit down job and still make 10,800 they probably would deny the claim. If you were a 9th grade drop out who relied on manual labor to make that amount they probably would grant the claim. Just my 2 cents worth.

Edited October 11, 2009 by Clown Man