tdiu Got Tdiu -Now Letter They Are Trying To Take Away

[atlaturne]

I got TDIU some time ago(as I should have)I was an attorney by former profession-I was sent questionairre @ whether I had worked in last 12 months-I do what I have to do to maintain my license -CLE education,etc-also/ I did a will and maybe one other matter-very low income-less than 9000$ or less in one year maybe I did not fill out form correctly-I dont know how to answer the question in that I am still an attorney- but they are trying to reduce my TDIU to 80%-my Drs will say I cant work-but how do I address this mess-thanks for my HADIT friends Is there some case that says that marginal employment is not enough to cancel TDIU-also should I go to local VA office and seek assistance-I know to and will answer by Reg Mail.They are trying to say that I worked for twelve months-but I really did not-other than being licensed-I cant work physically-as my Dr will say I am 66 years old/also on social security

Edited June 8, 2011 by atlaturne

[jbasser]

Srtie them a letter of explanation stating that you are a licensed attorney and you only maintained your license but did not physically engage in working. Sign it and turn it in. You should do this quickly. If they proceed, You, being an attorney should contact a Veterans law attorney to fight this. We have SVR shows on a weekly basis and have had Carrie Weletz with Bergmann and Moore as a guest on several occasions. You should listen to a couple of archived shows and call her up and discuss your issue.

JBasser

[GuaymasJim]

The answers to your questions can be found here:

http://www.vawatchdo...y.org/TDIU.html

http://www.vawatchdo...ning_Letter.pdf

There is quite a bit of material at those locations, but it is all worth the reading.

The most important thing is to tell the Regional Office that you disagree with their proposal and request a hearing BEFORE they actually make the decision.

The income level allowed with TDUI is federal poverty level which starts at $10,890 for a single person and goes up with each dependent. If your earned income was $9000, it would appear that it would not disqualify you from TDUI. The exact amounts can be found here:

http://www.safetyweb.org/fpl.html

Earned income and TDUI can be a dangerous combination and almost always raised a red flag at the VA!

The VA uses the following definition to determine your level of employment. It can be found at M21-1MR, Part IV, Subpart ii, Chapter 2, Section F

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.

Here is what the VA must do to discontinue your TDUI:

If the VA Form 21-4140 is timely returned and shows that the Veteran has engaged in

employment, VA must determine if the employment is marginal or substantially gainful

employment. If the employment is marginal, then TDIU benefits will continue

uninterrupted. If the employment is substantially gainful, then VA must consider

discontinuing the TDIU evaluation. 38 C.F.R. § 3.343©(1) and (2) provide that actual

employability must be shown by clear and convincing evidence before the benefit is

discontinued. Neither vocational rehabilitation activities nor other therapeutic or

rehabilitative pursuits will be considered evidence of renewed employability unless the

Veteran's medical condition shows marked improvement. Additionally, if the evidence

shows that the Veteran actually is engaged in a substantially gainful occupation, the TDIU

evaluation cannot be discontinued unless the Veteran maintains the gainful occupation for a

period of 12 consecutive months. See 38 C.F.R. § 3.343©.

Once this period of sustained employment has been maintained, the Veteran must be

provided with due process before the benefit is actually discontinued, as stated at 38 C.F.R.

§§ 3.105(e) and 3.501(e)(2). This consists of providing the Veteran with a rating that

• Proposes to discontinue the IU benefit

• Explains the reason for the discontinuance

• States the effective date of the discontinuance, and

• States that the Veteran has 60 days to respond with evidence showing why the discontinuance should not take place.

Again make sure you tell the Regional Office that you disagree with their proposal to reduce your compensation from TDIU to your schedular 80%; and request a hearing before they take any action. Include your doctor's statement(s) covering your unemployability. You should explain the actual work that you did including the amount of time you spent doing it. It is my understanding that even enough unpaid volunteer work can be used to discontinue TDIU, so the nature and character of any work you performed during the past 12 months is very important.

ACT PROMPTLY! Once the VA discontinues TDIU, regaining it will require a new claim right BEHIND the 800K-1,000,000 other claims waiting in the backlog for adjudication.

Hope this helps!

Edited June 8, 2011 by GuaymasJim

[sharon]

You need only to send a letter explaining that you have not worked in the past 12 months. Explain that you may have made a mistake on your questionairre. As statment from your doctor would be added evidence.

[carlie]

If you have received a proposal to reduce - don't mess around running out your 60 days, take immediate action.

Inform the VA in writing, that you request that no adverse action be taken on your current benefits and compensation.

Also (in the same correspondance) request an in person hearing to be scheduled at that VARO and for them

to send you notification regarding the hearing date, prior to any further consideration of a change in your benefits.

Get the strongest evidence you can from all of your doctors, that will continue to support

the fact that your service connected disability's prevent you from holding any form of employment /

by addressing occupational and social impairment.

You would also want to submit this to the VA.

You might want to take a look-see at the rating decision that granted your IU

to familiarize yourself again with the exact reasons and bases it was granted in

the first place.

You have been given accurate advice by other posters.

If at all possible (I wouldn't even mess around with USPS) I would take the information and

evidence as suggested by the responders to your questions, in person to my VARO

and submit it in person and get a date stamped copy.

Keep a copy of everything for your files.

[broncovet]

Jim

That was a fabulous, informative, well thought out post, helpful to Veterans.

[Pete53]

Its episodes like this that make us jittery as the VA is not following their own regulations and you have to stand up to them. The advise given should help but the main thing is to actively fight. You are in the right and should be able to beat them back on this.

Good Luck