A 100% Single Mental Health Rating And Legally Working A No No

[pacmanx1]

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100%

I started a new post because I have seen a lot of post in reference to being rated 100% for a Single Mental Health Condition and working. The fact is according to the criteria above. A veteran cannot legally work and be paid the 100% rate at the same time. The reason being is that the veteran would have to claim (put in writing that he or she is having these symptoms and these symptoms are persistent). I even read that someone had checked with HR and HR said they were OK but that is not true if the person is/was 100% scheduler for any type of mental health disability alone. If the person is/was 100% combine with both physical and mental health disabilities he or she would be legal but not with a single 100% mental health disability. The veteran would also have to claim that these symptoms are persistent to his/her treating doctors and any C & P exams. If I am wrong off or just crazy please correct me.

[brokensoldier244th]

I get what you are saying, but the reg does not say that so until they patch it up, or vets start foregoing benefits on principle it will continue

[Philip Rogers]

The key is "is it worth losing your benefits" (perhaps for life) and going to jail, besides. They have prosecuted and won against claimants who have worked while receiving either TDIU or a 100% mental rating. One guy worked in his wife's bar. Had to pay back the money(about $250k) and do about 4 yrs prison time. If you are truly disabled, take the money and forget working. If not, forgo the 100% rating and work and let a truly disabled vet get what s/he deserves. jmo

pr

[Berta]

I agree that it is not worth considering.

Many years ago here (when my email was open) a disgruntled spouse of a vet on either 100% or TDIU, told us here that he was working at a good job and also getting TDIU or 100% ,I think solely for a MH disability and everyone replied he should not be working.

Then she emailed me with a long rendition of how much money he had and she wasn't getting any of it (I guess they were separated or divorced). She asked me who, at VA he "could be 'turned in to".

I replied that she needed a lot of proof before she attempted to do that. And then she said, "No I cant do it, you can do it "

and was going to give me his SSA # and C file number.That is around the time I closed my email addy here...

too much crap like that.....

There is no way I would get involved with what she had in mind.

My point however here is that any TDIU or 100% (in my opinion) can often cause animosity when relatives, friends and neighbors

start to wonder why you get SC ,because you might not "look " disabled at all.

Working, even at a marginal job can open the door for others to question your SC, if they know it is TDIU or 100%.

But this applies only to MH ratings.

Lets face it, former VA Secretary Max Cleland and former VA Central office lawyer ,Lewis Puller ( Chesty's son) were totally physically disabled by their service but managed somehow to work.

They might even have received 100% VA comp legally as well for their Physical disabilities.

Lewis Puller had PTSD too and committed suicide some years ago.But he probably never formally claimed the PTSD.

.

[brokensoldier244th]

Okay, but the other side is if one who is not quite right of mind forgoes

benefits because they think they are fine but aren't? Many of us want to work if we can. We can say "work and don't take the money...." but ultimately a mental disorder makes people think they can do all kinds of stuff they shouldn't. I guess, short answer is, don't defy your docs unless you have a lot of proof, our opinions. If they say you are broke, be broke, and take up painting or book writing and enjoy that you can.

[vet201060]

They know I work and said it is completely lawful for me to work. They denied me tdiu due to working and granted me 100%. I understand I will probably down graded if I contnue to work. The same goes for any disability. If a vet was say 50% physical and 50% mental and it computed to 100% and they received P&T then they should not be able to work either if you take the TOTAL & Permanent in consideration. Total is complete, absolute, all. That would mean the same by majority of the standards of the opinions on Hadit. I totally respect your input but I have to disagree. I do agree if you continue working and have no trouble then you are taking a chance of losing your benefits. I am gonna fight to keep my job and if it doesnt work out I will just be broke and have my VA disability and hopefully Federal and SS disability too. I still dont think we should give up without a fight

My disabilities to hurt my income and having the disability pay is to make up for that. I have been told that by my psych Dr, a few VSOs and by myself after reading the regs. I have been on Leave without pay for over a month now and the only thing keeping my family going is the 100% rating pay. I just dont want a vet to be discouraged and kill themselve because other vets dont think they deserve THEIR BENEFITS. I am jnot a hater and dont know everyone else's situation either. My job pays over double what the VA gives me so I want to work. I am preparing myself for not being able to work tho. That means changing the budget and living within a smaller income. God has always provided for us financially even when I was worried.

I got really upset when my supervisor and HR talked to me about federal disability retirement. That was horrible and a shock to me. I am told how screwed up I am by all kinds of people and i dont mean in a bad way. I do not see all the negative stuff that others are seeing. Good luck to you all!

Edited September 27, 2014 by vet201060

[john999]

Nobody can make you take OPM disability retirement unless they go through a process that finds you incapable of working up to an acceptable level. There is a form of non-voluntary disability retirement, but it can be fought especially if your record is good at work. Max Cleland was 100% P&T and he worked as boss of the VA. I worked with a vet who had lost an arm in Vietnam. He drove a fork lift at the USPS. I know that the VA does bend the rules for VSO's who are 100% and who are able to work full time as NSO's. I think what we are talking about is someone who is 100% disabled for a mental condition only. According to the regs and description of that disability the vet should not, nor cannot work full time. That is part of the definition of being 100% for a mental condition. I think to some extent it is not fair. Why is there a difference between physical and mental disabilites? Regarding TDIU I think the regs are very clear. If you have TDIU then you can't work outside some protected environment. If you do work and pay taxes and SSA you are risking just what PR is talking about.

Just about every American of working age wants to work at something. When I lost my career at the USPS I claimed SSD, OPM and TDIU, yet I still wanted to work doing something even if if was just a few hours a day or one day a week. I felt useless and lost. My self esteem was in the toilet. I wanted to sell antiques at a antique mall. Many retired people did it, but I was different than those other retired folks. I was on SSD and TDIU. If I became too successful I knew I would have to make a choice. I was never that successful, and my wife was not ready to take over with me as a silent partner to expand, and buy an action house. I was very frustrated. Now some years later as I approch 65 I am glad I stayed within the lawful bounds. If I could have made a big success without the downside risk I would have given up the SSD and TDIU. I can still buy and sell, but I cannot do the things that a person does who runs a successful small business. I physically can't and I legally can't. However, if I see some collectible object and buy, it and then sell it later that is just a hobby unless I have a shop and pay rent and have staff working for me etc. Is is sort of a fine line but most people can see the line. The VA can see it and IRS and SSA can see it. I buy and sell stock, but that is passive income. I don't run a brokerage house that employees fifty people. Collecting rent on a few houses is one thing, and being an agent to manages ten apartment complexes is something else. The VA and SSD has us by the short hairs. In many ways it is a destructive system to those who have a chance at full recovery. It discourages rehabilitation. For those who have permanent and severe disabilites it is a lifeline. For a 22 year old who gets 100% for a mental condition that can be the worst thing that ever happens to him/her. If the VA would grant 100% while a vet was in school and up until they were successfully making a living that would be a good thing. Back in the day as soon as you showed anything looking like improvement you would be reduced which is a kick right in the &^^%$. The VA used the fact I finished a BA in psychology as a weapon against me for 25 years.

John