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100% Permament & Total, Smc Housebound--Can I Work? Confused!


Waynoe
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Hello, I have been rated service connected 100% Permanent and Total Disabled with a SMC Special Monthly Compensation-S and that I have been found to meet the housebound criteria. I also receive SSDI. The 100% is based on one claim--others follow with an accumulated 165% service connected disablement. Retirement date: Jan 2006

I recently received a Bachelor's degree under the Post 9/11 program.

I'm cautiously seeking some extra income as a trial, however, I am confused with all of the information I have sought over the internet to include the Code of Federal Regulations (CFR) 38 in particular section 4.15.

My regional VA Officer said that it shows that I am 100% service connected P&T and that I can make any amount I choose without penalty.

Can anyone help unconfuse me on all of this information? and/or Am I risking much too much?

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As long as your not 100 percent for PTSD you should be able to work under schedular rating.

SSDI may think differently.

J

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The following is from my understanding, I could be mistaken, so getting information from here, while thought provoking and good for discussion, should be back up with verification from professionals - VSO, attorney, etc.

If You receive SSDI and are able to find gainful employment, the SSA would consider that a contradiction and probably stop SSDI and possibly attempt to recoup fund administered.

A veteran rated at 100% disability for PTSD with or without other disabilities is considered unemployable. Gainful employment would be a problem. As long as you are not rated as TDIU (Totally disabled due to individual unemployability) and you are not rated at 100% for PTSD, the VA has no regulation preventing from obtaining gainful employment.

JMHO

Chuck.

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Hello everyone and thanks for your inputs--I need to add some clarity. I'm not worried about losing SSDI. Also, my rating is based on a rare disease of my lungs and midsection for breathing in spores while doing my military duties (job). The disease is called Mediastinal Fibrosis and deadly--it is not in the ratings schedules--I had to fight for it. I once needed a lungs and heart transplant, but a Surgical doctor put stents inside my lungs because my pulmonary arteries were closing with some already closed.

So, in short, 1) I'm not worried about losing my SSDI and 2) My condition will never change, but worsen.

Again, thanks for your inputs. I believe jbasser is correct; however, hopefully, I can get a "complete" answer quickly for Thursday, there is a huge job fair, mainly for Veterans--the jobs are with Government contractors.

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If you are working in general, you are not entitled to SSDI. There may be exceptions, due to such things as

return to work programs, etc. Remember that the government sees SSA payments from you,

and any withholding tax payments. They can decide that you were paid SSDI in error, and claw it back.

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Go ahead and also try the SSA's ticket to work program.

That way if it dont work out then yiou have a chance of keeping it.

J

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Be very careful the VA and SS are tricky.

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