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.
Question
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.
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