Marginal Employment And

[Berta]

I dont thnk we discuss this enough here:

"Marginal employment shall not be considered substantially

gainful employment. For purposes of 38 C.F.R. § 4.16,

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 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. 38 C.F.R. § 4.16(a).

[Pete53]

I believe that the VA considers marginal to be no more than Social Security Cap for 2010 is 960 a month you can earn and still collect SSD

[Pete53]

Article on SSD amount you can earn

[john999]

The thing is that if even marginal employment triggers a C&P exam for IU vet that is going to be unpleasent. If you are 10$ over the limit is this going to bring the hammer down? I believe the Unemployability Questionaire does not ask about marginal employment. The form asks about employment, period. If you say "yes" I was employed while collecting IU I think that will trigger investigation. Who wants that?

[USACID]

There is more to it than this. In addition to the amount, there must be an indication that there has been a steady 12 month period of employment in order to trigger the C &P. This is my understanding.

Edited June 10, 2010 by USACID

[john999]

If you send in your employment questionaire and you say you are working I think that will trigger some investigation. It does not say "marginal employment on the form. It just asks if you worked during the last year. That is like waving a red flag in the VA's face. Has anyone here on IU ever sent a employment questionaire back saying "yes" they worked in the last year? I have been IU for 9 years and I have not worked. They will keep me under the hairy eyeball until age 67 I think.

[stillhere]

I agree with Pete on this but am not IU yet. I am at 90% and doing ok working then in 09 the stress and all that was going on set me off and I had to be excorted out of a VA office and next thing I knew I was Dx with PTSD and pretty much been going down hill since.

i find myself questioning almost everything I say these days and my work and social and home life have gone to the dogs. I lost my job in April when I told my boss I was disabled with a mental condition and having a tough time going out and meeting new clients and old clients. I actually argued with a few and lost a couple of contracts.

So I am unemployed some what, I did get a new job and told them my problems up front and they agreed to put me on but strictly on a comission basis and I have not landed a contract or sold anything in the past 2 months. I am just not with it for some reason. Anyhow I asked for IU and will see how it plays out but as this thread is about marginal working I would like to kind a be able to handle a job here or there with commission soley from my house and see if I can get myself better BUT.

There is always a BUT, I feel if I get IU I really as Pete and the others say to jeoperdize my IU for a few hundred bucks a month no thanks.

I know what the rules say and if we all plyed by their rules it would be fine but just like Webb is doing now they can change the rules anytime they feel like it!