Substantial Gainful Work And Periods Of Remission

[deltaj]

This is a really interesting, favorable case that was decided in the Federal Circuit on November 21, 1996. The case citation is 100 F3d 1389 Gregory Andler v. Shirley Chater, Commissioner of Social Security. The Federal Circuit seemed to state that an error was made in failing to consider that the periods that Gregory Andler worked and exceeded the poverty threshold were periods where his mental illness was in remission between hospitalizations. The Court stated these periods where the veteran worked during 2 summers should have been viewed as unsuccessful work attempts and ordered that he be considered disabled. I can see the applicability of this to my husband's case because when he tried to work in 1990 he was between hospitalizations yet V.A. only considered his wages from 1990 in the decision.

Could someone put up a link to this case?

[john999]

Maybe consult with a bankrupcy lawyer to get out of the 20,000 debt. There are ways to beat down a debt. If you don't have enough money to live you cannot pay such a debt. What are the consequences of just not paying this debt? If you go to work and VA finds out you may lose your IU and HB. You will have to fight to get it back. You think you have trouble now! Does your wife have ChampVA?

[broncovet]

I concur with the part if the VA finds out. I do not recommend "risking" your VA benefits for a part time job...if they do find out, you think your debts are bad now, wait until the VA "recovers" money they paid you while you were working. Dont do it. Find out the rules and abide by them. You will sleep better at night if you do.

The VA is probably going to find out. First, if its a big company, they will report your wages to the IRS, who reports them to Social Security, who reports them to the VA. Its a matter of time.

Further, there was a special on think tv last nite about "big brother" and how much he knows about us. There are thousands of video cameras in any big city, as well at malls, banks, etc. If you deposit this earned money to a checking account there will be an electronic record of it. Paying cash, even, does not guarntee your transactions wont be logged. If the VA is looking for cutbacks in a few years because we over spent on the stimulas/health care plan, dont put it past the VA to have some software that looks at video's of employees working while collecting VA benefits.

I agree with the person suggesting you simply not pay the debt, or maybe negotiate it. As I mentioned, if the VA thinks they overpaid you, they will collect that money back from future benefits. I would much rather be in debt to a credit card company than the VA. The credit card company has to sue you, and win, in order to try to garnish your wages. However, there is no lawsuit with the VA. If the powers that be in the VA believe there is an overpayment they will take it out of future checks.

Many times the credit card company wont sue you..the worst that could happen is that they put bad marks on your credit and make it difficult to borrow money..and I dont recommend you borrow money anyway. You probably already have a house, and if you need a car, try to find one u can pay cash for.

I pretty much dont borrow money ever. The last thing I need is a car payment, credit card payment etc.

Edited January 9, 2010 by broncovet

[jerrbilly]

Department of Veterans Affairs

Can I Work

Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.

• Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
  
  
  
  • Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau's poverty thresholds, see http://www.census.gov/hhes/www/poverty/threshld.html
    

Edited January 9, 2010 by jerrbilly

[carlie]

About two years ago I came to the conclusion that a married couple literally can not live on a 100% VA pension.

My wife works a full time job but we can not afford dental for her, we live in a tiny little house, we drive a used Hyundai, and we are desperately hacking away at our $20,000 in debt with her entire monthly paycheck of $1500.

How the hell are we supposed to save up for a house? What about having kids? A vacation every 5 years? God forbid she gets sick and cant work, we would be living in a trailer somewhere out in the boon docks eating ramen noodles and wearing potato sacks.

So in the last year I have picked up the Housebound benefit, gotten Chronic Fatigue Syndrome up to 60%, with a pending claim for IBS, Fibromyalgia, Sleep Apnea, and some other stuff. I suspect at some point this year I may have to pick up a temp job. Maybe as a security guard or computer tech. Even if the VA finds out and tries to reduce my rating, I will still keep my 100%.

What a miserable way to life, in constant fear and poverty.

Cruinthe,

In this post you are talking about trying to live on

100% VA pension.

In a prior post you talk of being 100% SC'd due to PTSD, with additional disabilities that probably are providing additional compensation for SMC's.

If your being comped at 100 % VA with a dependent that's over 3 K a month.

ON top of that - your wife is employed.

Maybe you would benefit by adjusting how money is being spent.

I myself don't see any reason you should be living in a situation of poverty.

Also you state,

"I suspect at some point this year I may have to pick up a temp job. Maybe as a security guard or computer tech. Even if the VA finds out and tries to reduce my rating, I will still keep my 100%."

What in the world makes you feel that if you pick up a job and VA finds out,

that you will still keep your 100%?

jmho,

carlie

http://www.hadit.com/forums/index.php?show...mp;#entry182180

To clarify my situation. I am a 40 year old Desert Storm veteran. I am 100% for PTSD, 60% for Chronic Fatigue Syndrome, and 40% for Chronic Prostatitis. I am pending for Fibromyalgia, IBS, and some other stuff. I served from 1986 to 2000, in Active and Reserve components. May I state now that there is a credible link between PTSD and diabetes.

[jerrbilly]

Good point Carly, somethings not adding up here.

Jerr

[carlie]

Cruinthe,

If your receiving 100 % VA disability and housebound

then don't come on Hadit posting about how you will get a job

and stay under the VA radar.

That is nothing but pure fraud and it is not condoned here

or any other veterans/disability web site that I know of.

You need to check yourself and become grateful for all the good you have.

It's people with a mindset equal to yours that help make the VBA process

so difficult for others ... people like you that are never satisfied

with what they have and sit around thinking up ways to get more,

greedy scammers.

If you decide to post anything like this again, you will be banned.

carlie