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... :)

[Testvet]

as long as they are sending you a check and you want to keep getting that check, if they tell you to report for a C&P or lose it, you better report, failure to comply is usually a justifiable reason to terminate benefits.

The TDIU means totally disabled individual unemployable, it doesn't say they can work part time when they feel like it, it states you CAN'T work, if you can work and do and file income taxes you can expect to lose the IU status, just the fact you participated in employment shows you are not "totally disabled" I have to agree with Magoo and everyone else, IU means no work, also 100% P&T schedular for mental issues includes the fac t that you are not employable so if you are 100% P&T for PTSD trying to find a "nice part job" is not the smartest thing you can do either.

get a hobby or go back to school, volunteer for Big brother/Sister, meals on wheels etc. Many of us wish we could return to work, but I am not about to risk what it took me four years of fighting for to lose it over a few hundred or a few thousand dollars, the security it means to my family is not worth it.

[Guest rickb54]

I agree with what most say... you may regret trying to work... However TDIU does not prohibit anyone from working.. but it does limit your choices here is what title 38 states:

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, 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, Bureau of the Census, 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.(Authority: 38 U.S.C. 501)

(:) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

§ 4.18 Unemployability.

A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration.

[Wings]

I'm ondering if Babycatcher has seen any of your responses - maybe she lost her password or something . . . I'll email her the thread - if she left an address. ~Wings

[john999]

Rick

The thing is that even if you are allowed to work under TDIU at some poverty level job this is going to raise a red flag to the VA and they are going to want to bring you in and examine you. That is like SSDI. Two people I know were working at poverty level jobs and they were both brought in by the SSA and they had to go through a bunch of crap. If I though I could do some kind of work and not get a hassle from SSA or VA I would do it just for the social aspect of it.

[Pete53]

One job you can get and not be hassled is to work as a SO. For me I work uncompensated to help people obtain benefits. I am currently 44 wins 0 loses and 1 who dropped claim after returning to work.

I tell people I work for the government but they don't know it. I work one on one, help fill out forms, secure information to help with claim, encourage the claimant and babysit to make sure they make their appointments.

When they win I encourage them to find a hobby or volunteer work as almost everyone I know in this situation was a hard worker in real life.

[Vike17]

Peter,

One thing to keep in mind, if you're 100% schedular and working as an SO, accredited or otherwise, the VA has no problem with that. However, if you're 100% IU and working as an accredited SO, volatarily or paid, the VA may look at this as the veteran being able to some type of work, in this case, an office job. Now, if you're 100% IU and helping veterans with their claims on your spare time and are not their official Power of Attorney, then the veteran will stay off the VA's radar screen. Just a thought!

Vike 17

Edited July 26, 2006 by Vike17