ptsd Can I Earn Income Or Not?

[uapao1]

I am a 100% DAV for PTSD, DMII, and a handful of other maladies. I heard something today that has raised a BIG Q.

Am I or am I not allowed to earn any income without jeopardizing my SSDI benefits?

Thanks,

Jim Gilmore

307 FMS U-Tapao AB, Thailand 71-72

617 MASS Da Nang AB, Vietnam 72

616 MASS Tan Son Nhut AB, Vietnam 72-73

[broncovet]

I wont comment on whether or not income is taxed, as this is something you need to discuss with your accountant who will take in to account your personal situation, which I have no knowledge of.

However, from a strictly VA standpoint here is my take:

VA regulations, if you look up the criteria for 100% (PTSD is lumped in with other mental disorders), you will see that it states your (mental condition) affects all areas, work, social, family etc.

Further, if you look at the regulations on Reductions and severance, you will see that the reductions for P and T suggest an improved condition "under ordinary conditions of life", that is, working. In other words the fact that you are working indicates an "improved condition under ordinary conditions of life" since normal people "work" while disabled people, generally, do not.

VA regulations also state that they generally dont do reexams (to try to reduce your rating) for people over the age 55.

From all this, I would conclude: If you are under 55, and working while collecting 100% PTSD you face some risk of being reduced in rating. However, the criteria for IU uses the phrase "substantial gainful employment (SGE)" This means you can get IU if you lack the ability to maintain SGE. SGE is defined, for VA purposes, to be income above the poverty level, which VA thinks is about 12,000 per year depening on how many dependents you have.

The bottom line is if you are making less than 12,000 per year, I would not worry about it. The VA is pretty unintested in reducing a Vets rating because he earns $20 on Saturday mowing his neighbors grass. They recognize there is a big gap between being able to cut your neighbors grass and doing this 40 hours a week. Most people can do most things for an hour, but disabled people can not do that 40 hours per week. This is the differnce between "marginal" employment and SGE. IF you are earning SGE, then you can likely expect to be reduced. However, if you are "marginally" employed, reduction is much less likely.

[john999]

If you earned income is below the poverty line then officially you should not have trouble with the VA or SSDI. However, it may rattle the monster's cage and they may take a look at you. If you earn $100 more than poverty level you may have trouble. You get a pension from FedEx, SSDI and 100% from the VA. Do you need the money, or just something to do to feel useful. I would carefully read the criteria for 100% for PTSD. It says total occupational and social impairment. If you have been 100% for over 20 years you can do anything you want. I do know that VA shares information with IRS, SSA and every one else in town including the DEA.

John

[JR Reihs]

I wont comment on whether or not income is taxed, as this is something you need to discuss with your accountant who will take in to account your personal situation, which I have no knowledge of.

However, from a strictly VA standpoint here is my take:

VA regulations, if you look up the criteria for 100% (PTSD is lumped in with other mental disorders), you will see that it states your (mental condition) affects all areas, work, social, family etc.

Further, if you look at the regulations on Reductions and severance, you will see that the reductions for P and T suggest an improved condition "under ordinary conditions of life", that is, working. In other words the fact that you are working indicates an "improved condition under ordinary conditions of life" since normal people "work" while disabled people, generally, do not.

VA regulations also state that they generally dont do reexams (to try to reduce your rating) for people over the age 55.

From all this, I would conclude: If you are under 55, and working while collecting 100% PTSD you face some risk of being reduced in rating. However, the criteria for IU uses the phrase "substantial gainful employment (SGE)" This means you can get IU if you lack the ability to maintain SGE. SGE is defined, for VA purposes, to be income above the poverty level, which VA thinks is about 12,000 per year depening on how many dependents you have.

The bottom line is if you are making less than 12,000 per year, I would not worry about it. The VA is pretty unintested in reducing a Vets rating because he earns $20 on Saturday mowing his neighbors grass. They recognize there is a big gap between being able to cut your neighbors grass and doing this 40 hours a week. Most people can do most things for an hour, but disabled people can not do that 40 hours per week. This is the differnce between "marginal" employment and SGE. IF you are earning SGE, then you can likely expect to be reduced. However, if you are "marginally" employed, reduction is much less likely.

This should be posted in a Sticky somewhere.........This is a subject that will continue to get questions, even though they have been answered hundreds of times.