C&p States Employed Full Time -- Incorrect

[Snake Eyes]

At my mental health C&P, the examiner asked about what I do and I explained I work part time as an independent contractor teaching online classes and I gave her info on the typical annual earnings. She asked how many hours I work and I said between 15 and 20 for the contract, but more unpaid (coming up with ideas for new classes in hopes of getting a bigger contract). When she asked how much I work total, I drew a blank and just said, "I don't know... maybe 40 or 50 hours".

When I got home, I did the math and it is nowhere near that much, and certainly not done in one sitting like a 9 to 5 job. I included hours of thinking, reading trade books, articles and jotting down goals.

Anyway... on my C&P exam it says I am employed full time at 40 to 50 hours weekly.

Can this be corrected without raising concerns that I gave her bad info intentionally?

Self-employed earning below poverty is not the same as employed full time. The kind of "work" I do and the sporadic nature of when I'm able to sit at a desk make the work about as non-traditional as I've every heard of :-) I'm scheduled for less than half the classes next year compared to this past year.

[Vync]

A lot of this is attributable to the fact that a lot of people never have any idea what a MH C&P exam will be like. I believe it is probably online somewhere, but it is so unique compared to other exams that a lot of veterans get the shaft because they are ambushed with questions like this.

[john999]

I think vet should be able to bring a lawyer to a c&p exam. The lawyer would shut you up when they start to ask leading questions meant to reduce or sever SC.

Snake Eyes, you need to understand clearly if you want to continue working paid or unpaid 40-50 hours a week and try to collect TDIU. Have you applied for SSDI? If you do you probably need to be "not working" at all. If you keep it to 20 hours a week and at or below poverty level OK. You must read TDIU regs carefully so the VA cannot hang you with your own guts. I understand why you want to keep doing something but mostly incompatible with TDIU. If you can work under the SSA/IRS table then you take a chance but it is not report to SSA/IRS and TDIU is clean. TDIU is really for those who cannot work. If you could get scheduler 100% then no problem.

John

[Vync]

I think vet should be able to bring a lawyer to a c&p exam. The lawyer would shut you up when they start to ask leading questions meant to reduce or sever SC.

Snake Eyes, you need to understand clearly if you want to continue working paid or unpaid 40-50 hours a week and try to collect TDIU. Have you applied for SSDI? If you do you probably need to be "not working" at all. If you keep it to 20 hours a week and at or below poverty level OK. You must read TDIU regs carefully so the VA cannot hang you with your own guts. I understand why you want to keep doing something but mostly incompatible with TDIU. If you can work under the SSA/IRS table then you take a chance but it is not report to SSA/IRS and TDIU is clean. TDIU is really for those who cannot work. If you could get scheduler 100% then no problem.

John

Definitely a really good idea. You have the right to a lawyer in other aspects of government, but with the VA you only have rights when they want you to have them.

[hmcquade]

Well I told my C&P Dr. that I was semi-retired she put down that I worked full time, along with several other mistakes an omissions. they will be noted in my NOD.

Hugh

Edited June 13, 2014 by hmcquade

[john999]

Maybe the raters at VARO will be able to understand what you were saying, but I doubt it. They will just take the word of the exam doctor and write in your decision that you are working full time. Now if they deny TDIU then you must NOD, and explain that you do not work full time. You probably need an IME to say you are "unemployable solely due to SC condition". If this is not true then don't say it. Do you pay SSA tax on your earnings? Do you file taxes each year? This is what they use to do matching with your statements. I am not judging you, but trying to think like VA. If I wanted TDIU I would stop working at all at least until I get the rating. If you want to risk it after with part time work that is your decision. TDIU is really for those who don't quite reach 100% scheduler, but in most important regards are 100%. Working is the most important feature in VA disability in MH conditions and in many others as well. There are double amputees who work full time and those in wheelchairs who work full time, but they are exceptions. If you worked for VFW, AL or DAV then you could get away with it. Maybe if you were a US Senator you could do it since they just blow hot air.

[Snake Eyes]

A lot of this is attributable to the fact that a lot of people never have any idea what a MH C&P exam will be like. I believe it is probably online somewhere, but it is so unique compared to other exams that a lot of veterans get the shaft because they are ambushed with questions like this.

I wouldn't want to "rehearse" for an MH C&P -- they can see a gamer when he's gaming, and for me it would be uncomfortable in the extreme. On the other hand, knowing the subjects covered could help me prepare and as you say, not get ambushed.

The problem is they can't catch that a guy actually forgot the names of two out of four classes he teaches regularly probably can't remember how many hours he works either. Me trying to do math on my fingers in a panic should have been a clue that a follow-up question was in order :-)

Edited June 14, 2014 by Snake Eyes