tdiu Slightly Above Poverty Level.

[SueEdel]

I know I have read other case where TDIU was granted when a person was employed marginally in a sheltered typed work environment.

Most responses about TDIU state that you can not work--however the following info from a case states things a little differently. I am marginally employed in a sheltered environment. TDIU was recently denied as I am a few thousand dollars over the poverty level for the past 12 months. The reason I am over is that I have a decent hourly wage--although I am working about 10 hours per week or less.

Quote from below: Marginal employment may 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.

Entitlement to TDIU, however, is predicated upon an inability to 
secure and follow "substantially gainful employment."  
38 C.F.R. § 4.16(a).  For purposes of 38 C.F.R. § 4.16(a), 
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.  Id.  Marginal 
employment may 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.  Id.  Consideration shall 
be given in all claims to the nature of the employment and the 
reasons for termination.  Id.

[SueEdel]

But if your TDUI was denied based on income alone - you should be able to appeal in that they didn't take the protected nature of your employment into consideration.

My thought exactly. It is a family protected environment. I have several college degrees. I have a nice hourly wage. For several years I have had to curtail the amount of time I work due to SC condtions, medical appointments etc.

All of this was thoroughly put into my claim but nothing was mentioned in the denial but the income--so I assume once they saw my income was over--they did not bother reading the rest. My claim was completed on September 30. The push to get claims completed before the end of the year. While some parts of my claim are very favorable to me--it is the most disjointed decision as far as writing style that I have ever seen--and I have been SC since 1977.

[free_spirit_etc]

It sounds like you should win your appeal then... since it is a family work environment and you have had to cut your hours, etc.

I am not so sure that they didn't bother reading the rest based on your income. I used to believe that they didn't read. Since reviewing my husband's claims I have come to the conclusion that they know a lot more about your claim than they appear to. They know exactly what to ignore (as in, yes they read it and ignored it) and they know exactly what to point out. That way they can deny a lot of claims and know that the odds are against people appealing.

[free_spirit_etc]

Maybe you can ask them to CUE themselves since they counted your marginal income as substantial.

[zenaryshort21]

Very intersting topic! Poverty is a large issue, not only in one country, but also in many countries around. Unfortunately, a report published Tuesday by the U.S. Census Bureau shows that increasingly Americans are giving up their fight to remain profitable in an economic climate that refuses to recover. The amount of Americans living below the poverty line has increased to its highest amount since the bureau started keeping such records in 1959.

[carlie]

Old topic being closed.