tdiu Iu And Work

[babycatcher]

Hello, I'm new here and hoping for some advice. Receiving TDIU and working very occasionally (a few times a year) for a hospital, as well as a bit of self employment doing homebirths. I recently got a call from the VSO that they need me to fill out an employment form for VA, or my benefits will be cut, then got the same form from the rep agency in Oakland. First question for you all; how do I report my self earnings, or, how do I account for my expenses that I put down on the schedule C at tax time? The form asks for gross income, and I feel this is just a way to take away my IU. There is no way I am, or could, work again full time. Next, I got a letter from Oakland saying I needed another exam to confirm my conditions, or something like that! As far as I know, I've got P & T status, got an ID and base privileges, etc. Whats up? Anybody else being messed with like this????? Please help, as I've got to respond ASAP, or forgo the groceries... :)

[jimlane1949]

Hello, I'm new here and hoping for some advice. Receiving TDIU and working very occasionally (a few times a year) for a hospital, as well as a bit of self employment doing homebirths. I recently got a call from the VSO that they need me to fill out an employment form for VA, or my benefits will be cut, then got the same form from the rep agency in Oakland. First question for you all; how do I report my self earnings, or, how do I account for my expenses that I put down on the schedule C at tax time? The form asks for gross income, and I feel this is just a way to take away my IU. There is no way I am, or could, work again full time. Next, I got a letter from Oakland saying I needed another exam to confirm my conditions, or something like that! As far as I know, I've got P & T status, got an ID and base privileges, etc. Whats up? Anybody else being messed with like this????? Please help, as I've got to respond ASAP, or forgo the groceries... :)

I am IU P&T and was told as long as I was IU if I worked, it would jepordize my benefit. The way the VA looks at is if a person is granted IU they are not supposed to be working period. By working, even if it is part time you jepordise your IU. If I am wrong someone will correct me, but I would never chance it for a few extra dollars not worth losing everything.

[Magoo_Mr.]

.

babycatcher:

You are playing with fire ... working while on TDIU.

They do NOT take into consideration your "Adjusted Gross Income" ... just your "Gross Income".

Example ... you make $10,000.00 and have $9,999.99 in expenses ... they look that you were "Gainfully Employed" and had the ability to make $10k ... even though you just "Cleared 1 Cent".

They look at the $10K only.

I did a lot of research on this a long time ago for a member on this board and he just barely survived a VARO audit and C&P. I was on the telephone with him for 2 months trying to help him make it through that mess ... but he made it.

That limitation is around $9k (GROSS) a year, depending on where you live. If I remember, Alaska had the highest amount that you could earn.

Google --> "Poverty Level" for your state ... and remember ... it is ... "Gross $$$s".

Also, they take into consideration ... WHAT YOU ARE DOING ... your civilian MOS, so to speak.

Depending on your TDIU disability ... if it was picking flowers or sweeping a flooring ... you might be OK.

However ... delivering babies is a .. "CRITICAL JOB" .. that requires many of your psychological & physical abilities and this is very dangerous for your TDIU status.

I know that it is difficult to make it on the VA disability ... but ... that is better and NO check at all.

Sorry to be soooo bold with you ... but I would seriously consider something else .. if anything at all.

Your main problem is getting through your present problem.

Can you give us more info...... ???

(1) How much did you make ??

(2) How often do you work ??

(3) Your disability(s) are based on what ??

(4) Delivering babies is a "critical job" too .. can you honestly minimize your position in this capacity ??

These are the very same questions that the DVA and VARO will look (and what you are doing) at and if they have tax records and your disability precludes you (in any way) from doing your present part time job ... you are toast.

Be VERY careful while on a TDIU status and viewing ANY type of "Gainful Employment" ... especially a critical task .. like delivering babies.

Good luck and maybe some others can give you some more advice.

Again ... sorry to be sooo bold and sound sooo hard ball on this .... but the DVA is looking for ANY way to cut expenses now.

I just saw Jim's post on this too ... while I was editing my post.

... Magoo .. aka .. Bill ... :)

PS: ... FYI .... I am 100% + 40% + 10% ... All Schedular and P&T Ratings ... and the word .."WORK" .. is not even in my vocabulary anymore. ... an part of my ratings go back to my MEBs at discharge from RVN.

IF you have a TDIU P&T rating for 20 years & 1 day ... you MAY be able to be gainfully employed ... you can with schedular ... but I am not sure about TDIU P&T ???

.

[Vike17]

If a veteran isn't scheduled for any future exams because he/she is receiving IU, 100% schedular or otherwise, the VA can still schedule a C&P exam if they become aware of any evidence that show a possible improvment in their condition. So, if you are on IU and the VA becomes aware that you are working, even if it is very limited, they will more than likely schedule you for a review exam because that is evidence that show you may be able to hold a substantial gainful occupation. The so-called poverty threshold is only a guideline, not anything set in stone. You could only earn $1000.00 a year and if VA found out, they could still schedule you for an exam. They don't necassarily go by that figure, it's a matter if they think you are still able to follow any substantial gainful occupation! That's why the VA will take another look see and obtain the examiners opinion on whether or not he/she thinks you are able to work or not! So by working, even on a limited basis, while receiving IU, as Mr. Magoo said, you're playing with fire!

Vike 17

Edited July 25, 2006 by Vike17

[Berta]

These guys are right and as Vike said:

"substantial gainful occupation" can reflect a substantial "improvement" in ones disability.

Substantial -I might add- can be in the "eye of the beholder"-at the VA but nevertheless-

the hard fact of TDIU is that it is for Total Disability Due to Individual Unemployability.

I have a vet on SSDI who is allowed to work for a limited amount.

He went over the annual guideline by about 100 bucks- they have threatened to stop his SSDI.

The rationale of VA and SSA is clear- if one can make a substantial wage, one is employable.

[john999]

Everyone I know who has worked while on SSDI has had a problem even though they made poverty wages. To work while on TDIU at this time is playing with fire. If you can work under the table maybe it is something you can get by with ,but if you file a tax form and it shows earnings you are waving a red flag under the VA's nose. This is what the VA has been ranting and raving about, and what these anti-veteran politicians have been harping on which is the myth that thousands of vets are playing the system and getting TDIU while being able to work. If you can cut lawns or something and pocket some change just to stay busy I say that is probably something you can get away with but do not report earnings, or you are going to have trouble on your doorstep. What you want to be doing is creating a paper trail showing that you can't work to protect yourself against any future changes in VA policy to reduce your IU. IU grants too many benefits to risk it. If you are married you are risking your spouse's DIC and your kids educational benefits. TDIU is not income support. It is compensation for being totally disabled. Get a hobby. You were right to bring up the topic and ask for advice. You hardly ever get everyone to agree about something but when you do, watch out.

[Pete53]

I think that the VA pretty much goes by what SS considers gainful employment and they usually look at the months individually. Example could be you make 2000 in January and nothing for 4 months and than another 2000 could be considered gainful employment.

Its not easy but if you want to keep TDIU you might need to stop working. The other course naturally would be to work and accept the fact that your benefits will be lowered.

Most here I think would love to be able to work.Good Luck you have some tough decisions to make.