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.

[Snake Eyes]

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

I think I was unclear in my original post... I actually only work about 20 to 24 hours a week compensated. Anything extra is reading, watching tutorials, etc. -- things I would be doing anyway just to keep from bing bored, but not in a way that would be practical in a "typical" job setting.

I have dropped the idea of TDIU because my VSO said if you work AT ALL, the VA will just find a way to deny the claim. I agree, if you can work 40 to 50 hours a week, you don't need TDIU. 100% schedular is within the realm of possibility given claims I have been devloping but are as yet unsubmitted. If I got that, I"d probably retire :-)

[Snake Eyes]

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.

LOL about the US Senator part... I think you have a year after becoming eligible schedular to apply for TDIU (for back pay purposes). However, if I can meet my family's needs by working -- even at poverty level, that is preferred. No, I don't pay taxes each year because my earnings are significantly below poverty level. I downloaded my SSA report and they show income from employment (actually self-employment) well below poverty, so that would not be a problem. I agree with those who say the VA would see, "employed full time 40 to 50 hours a week" and not read the descriptions of the disabilities -- I think there's one there that's a medical euphemism for "Says stupid stuff without realizing the math won't add up" :-)

[john999]

I think you can get TDIU, but you will probably need a medical opinion that explains how C&P doctor made a mistake in saying you work full time. If you are only able to work at poverty level then I think you can get TDIU. You are 90% SC. I was 70% SC and I got SSDI and TDIU, so I bet you can do it. What I was saying is that if you want TDIU you should lay low on the part time work until you actually get TDIU. After that you will have to report your earnings to the VA each year. If you only are able to work at poverty level you should be OK. I have had earned income a few times in the last ten years, but it was well below poverty level and was actually just earned income in name only due to union settlements over wages I should have received before I retired. My TDIU claim was denied at first and I used an IME to get it fixed. If a doctor says it the VA will often believe it. If you as a vet say it they will give it no credence. I would not give up on TDIU and then if you do get scheduler you can forget TDIU.

John

[Snake Eyes]

Thanks, John..

I assume after my initial appointment with the VA PCM doc, I'll be scheduled for a shrink visit. That C&P will likely come up in the conversation as it is typical of what happens in a stressful situation.

My workload will be cut in half in the fall semester.

[Gastone]

Recently awarded TDIU T&P at VA DRO Hearing 06/2014. 90% SC 2010 70% PTSD. At my recent DRO Hearing, which I opted for an "informal hearing," no recording or transcript taken or provided. I had an opportunity to discuss IU with the DRO. My NOD issue was, self-employment income from sheltered employment and " VA's Gainful Employment" regulations.

The DRO advised me that the VA looks at your education and your SC disability picture as well as your income in relation to "Gainful Employment," about $12+K 2014. If your capable of earning in excess of the current US Poverty Level for one person ($12+K), in any capacity that you are qualified for and not precluded from doing because of you VA SC conditions, you lose. Even if your deemed employable as a "Widget Insert-er," if it's above "Gainful Employment," you lose. Now, if you apply for the VA Vocational Rehab Program, and the VA VOC Rehab councilor determines that your current VA SC conditions preclude you from completing the Voc Rehab program, even as a "Widget Insert-er," that denial letter will be "GOLD" in your NOD DRO Hearing request. It was in mine!

Hours worked means nothing! It's all about income and your ability to earn in excess of 'Gainful Limit." Check out the Vocational Rehab Program. The "Denial Letter" might just be the only piece of "NEW" evidence you need to win at the DRO Hearing level. Good Luck!

Semper Fi

Gastone

[Snake Eyes]

Had my Voc Rehab orientation today. The counselor was very "discouraging" regarding whether I should continue, but stopped short of saying directly that I'm unemployable. In his opinion (with a high degree of weaselness), he said there were "multiple concerns about my employability", but he couldn't make that determination without going through a lengthy process and continued 200 mile round trips.

I couldn't pin him down on specifically whether his report would make clear whether voc rehab was feasable or not and finally, he said, "now I'm beginning to repeat myself" and the session ended. He took a tone of intake, lots of lengthy forms to fill out and of course the assessment. His only encouragement was that if I were to continue trying to become employable to focus on IT rather than the areas of interest that surfaced during the assessment.

Voc Rehab is a great program for those who can get a clear determination that they can be rehabilitated. For those where there is a doubt, something in VA culture must make these guys squeamish about coming out directly and telling the veteran, "you're unemployable". To his credit, he took over an hour while I went to lunch to review my medical record. He saw all the same indicators the VA shrink saw, but since my "time in the system" is fairly short, not enough to be conclusive. Off the record, he said it should be obvious to anyone looking at my records what the barriers to rehab were and that his report would state that WE had multiple concerns about my employability. Unless he states what those were in his report, I'm in Voc Rehab/TDIU limbo.

BTW: My 2014 earnings were just over $12K when I stopped working at the end of June. So unless the IMEs and disability letters Dr. Bash is doing for me explain clearly.... I may be in the same boat you're in. Hopefully, if I do have to go to the hearing level, I will come out with the same results you did....Congrats!