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?

[free_spirit_etc]

Now here is a thought - about the working thing - (not about the Poster with Housebound)-

Keep in mind that some people with mental disabilities sometimes have trouble making decisions that are in their best interest. That is sometimes part of their disability. And some mental disabilities are more cyclical in nature.

I know a woman who is bipolar. She goes through phases where she could work just as well as anyone. And she goes through phases where she is out of control and hospitalized. (She lost her last job when she stripped down naked at work and refused to put her clothes back on until the police got there.[she was the manager, by the way.] But she could go out tomorrow and act very professional and get hired somewhere.)

I could very well see people with certain mental illnesses deciding to go back to work, even if it is not in their best interest. And / Or being able to work for awhile and not be able to sustain the employment.

They are still disabled.

[cowgirl]

Question- did the VA recognize or award you IU for the last day you worked gainful or Non-Gainfully?

Thank you,

Cg'up!

Part of an IU claim is the part when you have to tell the VA the last day you worked. If you file for IU and then go to work in the meantime that is going to casue a problem. When I got IU I had to submit a document from my employer stating the last day I was in a work status. I got disability retirement so I had the exact paperwork they needed. I don't know how carefully they check this, but if they find you have lied to them your ass is grass.

I really agree with TestVet. If you get IU why would you want to put it at risk. It often takes years to get it. I would love to be able to go back to work and earn a good living. Since that is not going to happen I have to live with IU. Without IU I would be hurting just like all of us who get 100%.

[john999]

The VA granted me IU based on the last day I actually worked at the Post Office. I was on the post office employment rolls for a longer period but I did not work. I was on unpaid leave.

[free_spirit_etc]

The VA granted me IU based on the last day I actually worked at the Post Office. I was on the post office employment rolls for a longer period but I did not work. I was on unpaid leave.

That makes sense - as you were not actually earning your income during unpaid leave.

I would also encourage people who miss a lot of work or have to cut their hours way back at the very end of their working career to ask the period where their earnings are below substantial gainful to be considered.

And this might be a situation that affects many vets. They keep working and trying to make it until they can't work any more. If their earnings are not substantial at the tail end of that job - because of their disability - they should ask that period of time to be considered -not just the last day they dragged their body into work.

When my husband applied for SSA - the worker just put my husband's last day of work on the application (December 2006). We asked her to consider the period from the time he last earned substantial gainful (July 2006). They granted him disability back to July. (Of course July was considered the first month of his waiting period).

[free_spirit_etc]

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

Cruinthe,

Can I ask, if you are getting housebound - have you applied for SSDI?

[Testvet]

That makes sense - as you were not actually earning your income during unpaid leave.

I would also encourage people who miss a lot of work or have to cut their hours way back at the very end of their working career to ask the period where their earnings are below substantial gainful to be considered.

And this might be a situation that affects many vets. They keep working and trying to make it until they can't work any more. If their earnings are not substantial at the tail end of that job - because of their disability - they should ask that period of time to be considered -not just the last day they dragged their body into work.

When my husband applied for SSA - the worker just put my husband's last day of work on the application (December 2006). We asked her to consider the period from the time he last earned substantial gainful (July 2006). They granted him disability back to July. (Of course July was considered the first month of his waiting period).

Yes it's the last day you actually earned income mine was June 2002 the VA did the heart cath in Oct and SSD was approved 4 months later back dated to June then 5 months of SS wait period check was effective Dec 2002 it's easier to talk sense to a SS employee not so easy with VA employees