tdiu Tdiu Questions

[PainterBK]

I am 70% mental health rating. I work when able to as a self employed house painter.

I mostly do apartment turnovers (empty apartments - low stress ). My income has been $7,000 or under

for the last ten years. Does that qualify me to apply for tdiu. Is the financial documentation different for

self employed & will I be able to continue to work part time. Thanks for any help.

Bob K

[sharon]

What your employment counts as is called Marginal Employment. TDIU is not based on the amount you make but you abililty to seek and maintain employment. You will have to use your income tax returns as your proof wages. Otherwise you so meet the criteria to file for TDIU. If granted TDIU you can make up to the amount for a single veteran receiving pension, however, you can not maintain full time employment.

[PainterBK]

What your employment counts as is called Marginal Employment. TDIU is not based on the amount you make but you abililty to seek and maintain employment. You will have to use your income tax returns as your proof wages. Otherwise you so meet the criteria to file for TDIU. If granted TDIU you can make up to the amount for a single veteran receiving pension, however, you can not maintain full time employment.

Thanks for the info & taking time to reply Sharon.

Bob K

[etihwr]

http://www.census.gov/hhes/www/poverty/data/threshld/thresh11.xlsActually the answeres given so far have been wrong.

For IU, you can only make what the Department of Commerce says a person at the age of 65 makes and is poverity line. This year it is $10,788 (not what the amount for a pension). Also, you can work, but it has to be marginal not gainful employment. An example would be, if you were a stock broker, you can only be a greeter at Walmart or be selling hotdogs at a hotdog stand. Additionally, you can only work up to 51 weeks a year w/at least a 90 day break. I tell my veteran to work seasonal work. If you want to make more than the 10k, work for cash.

The DVA will cross check you income with the IRS. Also the marginal vs gainful employment thing. Should you do that, the DVA can come back in a year or two and call working at Walmart as gainful employment.

Should you decided to risk it and work up to the $10,788 and go over by only one penny, the DVA will want all it's money back from the day you received your IU. Check out man age 65 w/0 dependents for 2011.

http://www.census.gov/hhes/www/poverty/data/threshld/

You can verify this by asking your National/State Service office to get this information verified by the DVA. Do not rely on indivdual post service officers or someone who went thru the training and doesn't have any follow up/support.

[PainterBK]

http://www.census.go...ld/thresh11.xlsActually the answeres given so far have been wrong.

For IU, you can only make what the Department of Commerce says a person at the age of 65 makes and is poverity line. This year it is $10,788 (not what the amount for a pension). Also, you can work, but it has to be marginal not gainful employment. An example would be, if you were a stock broker, you can only be a greeter at Walmart or be selling hotdogs at a hotdog stand. Additionally, you can only work up to 51 weeks a year w/at least a 90 day break. I tell my veteran to work seasonal work. If you want to make more than the 10k, work for cash.

The DVA will cross check you income with the IRS. Also the marginal vs gainful employment thing. Should you do that, the DVA can come back in a year or two and call working at Walmart as gainful employment.

Should you decided to risk it and work up to the $10,788 and go over by only one penny, the DVA will want all it's money back from the day you received your IU. Check out man age 65 w/0 dependents for 2011.

panic

http://www.census.go.../data/threshld/

You can verify this by asking your National/State Service office to get this information verified by the DVA. Do not rely on indivdual post service officers or someone who went thru the training and doesn't have any follow up/support.

I'm a bit confused. My profession is a house painter. I'm only able to work when its in situations I feel comfotable with, so I don't have panic attacks.

This prevents me from full time employment. As stated my income has been under $7,000 for the last ten years( my tax returns verify this). Since I am able

to work in my chosen profession although not full time is this considered marginal or gainful employment & will I qualify for tdiu in your opinion. I had a DAV

VSO for my initial claim & she did absolutely nothing for me. I couldn't even get her to read my cfile & offer an opinion. The only time I heard from her was

when my case was decided to give me info I had already gotten from the VA & to solicite membership dues. Thanks for time.

Bob K

Edited July 28, 2012 by PainterBK

[etihwr]

If your chosen profession is a house painter and you continue to work in it, then you can NOT be getting IU. If so, and if caught, you can be sent to federal prision. I have had to testify on behalf of one veteran. He got 4 yrs plus an $80,000 fine plus pay back all the money he took from the Government (IU). He couldn't make the payments, so they extended his sentence to 8 yrs and pay back the IU. He will never see another dime from the DVA since by the time he gets out of prision, it will take him 30 yrs to pay the government back. He should be dead by them. He will be 57 when he gets out.

Painting is GAINFUL employment. The amount of money isn't the issue.

[carlie]

I can not post enough times . . .

If you are in receipt of 100 percent compensation due to a status of IU

OR

you are in receipt of 100 percent compensation due solely to a mental health

disability.

DO NOT WORK FOR PAY as it all boils down to double dipping

and is not allowed !