Concerned

[jfrei]

What I don't understand about IU and substantial employment is that if I took a contract job in aviation and I get fired due to my memory like my last 3 jobs in aviation. I would hope I could make it past the first 30 days but in those 30 days I could potentially have made over 4k just working maybe 32 to 40 hours a week . Which is over whatever amount is said per month but doesn't last more then 30 days Jobs in aviation pay very well and give you time to train paid. But all of my 8 years out of the military I stayed in aviation but my memory has prevented me in keeping  a job I had 4 different jobs last year and made over 39k. The VA still granted me IU, before I forced myself to work even the cost of aircraft and lives were at risk there because of my TBI residuals but I had to provide for my family. luckily I only damaged aircraft and did over 100k in damage total but no lives were ever hurt. So is employment lasting 45 days or less producing more then the poverty level considered  substanial employment grounds for termination of IU and my Permanent and Total award? I am considered 90% IU Permanent and total with SMC S.

Edited just now by jfrei

 

[Gastone]

Let's try this again. Getting IU and keeping IU are very different when it comes to Earned Income.

In your case, you were recently Awarded IU, right. So every Year within 60 days following your IU Award Aniversary Date, you are required to file a 21-2140 listing Earned Income and Employment over the past 12 "Consecutive" Mos.

If there were Employment Breaks during the 12 months, due to your IU SC's, the VA can't use that for a possible IU Reduction. If your reported Earned Income is at or above the SGI $12,400 for (1++ months) but less than 12 "Consecutive" months of employment or self-employment, you would probably be up for a re-exam regarding your ability to do Sedentary Work.

A reasonable person might consider an individual capable of doing a relatively stressful job earning $4K+ per month, more than capable of doing "Any" type of non-stressful Sedentary work that would provide SGI Income.

Semper Fi

[broncovet]

I agree with Gastone.  SGE (Substantial Gainful Employment) is defined by VA as earning more than $12,400 in the past 12 months.  

Simply report your earnings each year, and you should be good to go with VA.  

Since you already have TDIU, then report your earnings, as required, to VA each year.  

The defination of TDIU is the "inability to maintain SGE due to SC conditions".  

It sounds like you still meet that criteria defination.  

Edited July 24, 2017 by broncovet

[MikeHunt]

The RO would always complain about people getting jobs for 11 months, then leaving- Keeping them on IU. Ergo: it seems to me you could be president for 11 months, resign, and still get IU.

[jfrei]

I'm not trying to scam the system my longest job in aviation lasted 6 months. For 4 of those months no stress because I was in training for months with no stress then came the real work and I couldn't handle it. I'm not worried about the length of employment just concerned like I said you need special licenses to work in aviation which I have gotten about 7 years ago they never expire and or reexamination for them both. Making it easy to get any comtracting job I want they don't look at past work history just your current licenses and they also don't look at your medical background. But if I had one of those jobs for only 30 days they pay high rates because they don't pay benefits for me or family. I'm sweating trying to make my mortgage payments and live my wife has to work part time. I cannot be trusted to be alone with are kids longer then her part time job allows me but IU barely pays my mortgage let alone all the utilities and food for my family. I would need to work about 2 months to offset the cost of daycare and the mortgage combined but then I risk getting hurt on the job.But daycare cost would be as much as I would make thus doing nothing by hurting mySelf. I live with choices to lose my home or get a job risking my life and losing everything I've worked for with the VA because I can hold a job for 2 months which would make about 7k? As far as reexaminations I've had a TBI review last December and now another coming up to seperate my PTSD, chronic AD, and my TBI. Since there doctor for my AD seperated the issues they wanted to do a another one to seperate my symptoms. like I've posted I've been found 100# P and T due to my TBI residuals that have PTSD with decision making as a symptom which my prior rating was 90...

Edited July 24, 2017 by jfrei

[jfrei]

23 hours ago, Gastone said:

Let's try this again. Getting IU and keeping IU are very different when it comes to Earned Income.

In your case, you were recently Awarded IU, right. So every Year within 60 days following your IU Award Aniversary Date, you are required to file a 21-2140 listing Earned Income and Employment over the past 12 "Consecutive" Mos.

If there were Employment Breaks during the 12 months, due to your IU SC's, the VA can't use that for a possible IU Reduction. If your reported Earned Income is at or above the SGI $12,400 for (1++ months) but less than 12 "Consecutive" months of employment or self-employment, you would probably be up for a re-exam regarding your ability to do Sedentary Work.

A reasonable person might consider an individual capable of doing a relatively stressful job earning $4K+ per month, more than capable of doing "Any" type of non-stressful Sedentary work that would provide SGI Income.

Semper Fi

My Neurologist would beg to defer who he opinioned that I'm a liability to all who employs me . As long as I make them aware of my memory issue would that be considered sheltered employment or if an accommodation is made due to my memory issues?

Edited July 24, 2017 by jfrei

[seminoles]

Also, aren't you currently trying to fight for SSDI?  If you work at all you will be denied.  I would not risk your IU or your SSDI claim for what you seem to know will be short term employment at best.