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SecurityForces03

TDIU and the Poverty Level. Help!

Question

Hi All,

I'm currently 90% SC'd and in the process of waiting for IU to be approved. While I'd like to try and be productive and have a small job still, I've read that you can earn up to the poverty level.

My question is: Does the VA look at the poverty level for a single person or a family as it pertains to earnings for the year? I'm married with children.

Thank you!

 

Edited by SecurityForces03

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 The VA defines individual unemployability as being unable to secure or follow a substantial gainful occupation as a result of service connected disabilities.  38 C.F.R. Sect. 4.16(a). You can qualify for individual unemployability also called Total Disability based on Individual Unemployability (TDIU) in a few different ways. First, you must be unable to engage in substantial gainful occupation. So if you are working on any significant basis you will not qualify. You must also have either a single disability rated at 60% or more, or more than one disability where at least one of the disabilities is rated at 40% and the additional disabilities give you a combined rating of 70% or more. However, even if you don't meet the percentage requirements stated above it is still possible to be found individually unemployable on an extra scheduler basis if it can still be shown that your service connected disabilities prevent you from engaging in substantial gainful occupation.

It depends on how you get the IU  , If its given as a combine rating that you were not actually 100%  then no you can't be working, now if its given to you at 100% then you can work and make so much$$

As I understand it  I tell all veterans that recieve IU becareful about working and be sure to send in your employment questioner every year  usually on your award date.

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36 minutes ago, Buck52 said:

 The VA defines individual unemployability as being unable to secure or follow a substantial gainful occupation as a result of service connected disabilities.  38 C.F.R. Sect. 4.16(a). You can qualify for individual unemployability also called Total Disability based on Individual Unemployability (TDIU) in a few different ways. First, you must be unable to engage in substantial gainful occupation. So if you are working on any significant basis you will not qualify. You must also have either a single disability rated at 60% or more, or more than one disability where at least one of the disabilities is rated at 40% and the additional disabilities give you a combined rating of 70% or more. However, even if you don't meet the percentage requirements stated above it is still possible to be found individually unemployable on an extra scheduler basis if it can still be shown that your service connected disabilities prevent you from engaging in substantial gainful occupation.

It depends on how you get the IU  , If its given as a combine rating that you were not actually 100%  then no you can't be working, now if its given to you at 100% then you can work and make so much$$

As I understand it  I tell all veterans that recieve IU becareful about working and be sure to send in your employment questioner every year  usually on your award date.

Hey!

Thabks for the response! I'm pretty clear on that info you listed above. The law states you can still earn while on IU. However, it says you CANNOT earn above the poverty level.

My question is, what is the poverty level? For me? Or for a family?

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Well the poverty level changes within each year  so I am not sure what the 2017 pr overtly level is?

What does substantially gainful mean?

The VA uses this term to mean employment for which the veteran is earning above the poverty level.  The poverty guidelines for 2016 indicate that a person earning less than $11, 880 is earning below the poverty level.  Of interest, VA regulations indicate that sheltered employment, such as self-employment or working for a family member in a position from which you cannot be fired, does not count as substantially gainful employment.

What does it mean to secure and follow a job?

Basically, these terms just clarify that a veteran is entitled to TDIU if his service-connected disabilities prevent him or her from getting a job and/or if those disabilities prevent him or her from keeping a job.  While some physical disabilities such as knee or back problems would be obvious at an interview and might prevent a veteran from getting a job, other disabilities, such as PTSD, might not show up at an interview.  A veteran with a service-connected mental disability might have no trouble getting jobs, but keeping a job, with symptoms such as impaired anger management, depression, or an inability to get along with others, is much easier said than done.  Both the inability to get a job and the inability to keep a job would qualify a veteran for TDIU.

 

Source: Hill & Ponton  Disability Attorneys

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3 minutes ago, Buck52 said:

Well the poverty level changes within each year  so I am not sure what the 2017 pr overtly level is?

What does substantially gainful mean?

The VA uses this term to mean employment for which the veteran is earning above the poverty level.  The poverty guidelines for 2016 indicate that a person earning less than $11, 880 is earning below the poverty level.  Of interest, VA regulations indicate that sheltered employment, such as self-employment or working for a family member in a position from which you cannot be fired, does not count as substantially gainful employment.

What does it mean to secure and follow a job?

Basically, these terms just clarify that a veteran is entitled to TDIU if his service-connected disabilities prevent him or her from getting a job and/or if those disabilities prevent him or her from keeping a job.  While some physical disabilities such as knee or back problems would be obvious at an interview and might prevent a veteran from getting a job, other disabilities, such as PTSD, might not show up at an interview.  A veteran with a service-connected mental disability might have no trouble getting jobs, but keeping a job, with symptoms such as impaired anger management, depression, or an inability to get along with others, is much easier said than done.  Both the inability to get a job and the inability to keep a job would qualify a veteran for TDIU.

 

Source: Hill & Ponton  Disability Attorneys

Thanks Buck!

Do you interpret the poverty level to be a single person or family?

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I believe the poverty level is for the Veteran rather or not single or married  although with dependents added the compensation will be greater  and dependents can mean your Wife/Children living at home or your parents living with you if you are single.

So Poverty Level is Actually its Irrelevant . I would think?

some others can chime in here

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