Improvements in health

[padilla0530]

Morning vets so Im  helping this lady with her benefits and and trying to get all the education I can to help. This vet is 70% IU and after a few years of receiving IU and going through and continuing physical therapy, massage therapy, diet changes and medications she feels like she can start possibly working in the future. She would like the IU removed prior to working so what form should I tell her to use to remove her IU so that way in a few months she can start looking for work no problem.

[jlrith]

Per the VA, the veteran must fill out form 21-4140 each year to verify employment status. 

In accordance with the below reference:

"When VA Form 21-4140 shows that the Veteran regained employment during the past 12 months: •    notify the Veteran that the total evaluation will continue at the present, but VA will reconsider entitlement to a total evaluation in the future."

"VA Form 21-4140 shows the Veteran has been gainfully employed for 12 or more consecutive months: •    refer the case to the rating activity" and "The rating activity prepares a rating decision proposing to reduce the Veteran to the appropriate schedular evaluation for failure to return VA Form 21-4140."

"Note:  The effective date of the reduction will be no earlier than the first day of the month following the end of the 60-day due process period.  Be sure to properly notify the Veteran’s designated representative of the proposal."

 

As I understand it, she would be entitled to IU until such time as it has been established that she can hold "substantially gainful employment."  The VA sets that threshold at 12 months of employment. 

I would simply continue to fill out form 21-4140 with the understanding that if she is able to stay employed for a year then they will remove the IU.  

NOTE: Being employed with "substantially gainful employment" is not illegal (so long as you don't lie about it) but will make you ineligible for IU.  In addition, until the rating reduction is put in place, the veteran is still entitled to IU, so the veteran will not owe anything for the time between stating employment and the rating reduction taking effect.  Keeping the veteran on IU until they are employed for 12 or more months ensures that the veteran is truly capable of being employed.  

 

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part4/subptii/ch02/m21-1mriv_ii_2_secf.doc

[Gastone]

P, "she feels," "wants IU removed prior to working," you're advising her correct? What do you think regarding her stated plan?  Is she receiving SSDI?

Strictly my personal opinion, I think she needs to address this line of thinking with a MH Professional. Sounds a little self-destructive, wanting to walk away from a guaranteed Yearly Tax-Free Comp Safty Net on the oft chance she might be able to return to work earning in excess of $50K.

After being out of the workforce for approx 3+ years, how does she think eliminating her IU Award, would benefit her employability?  WTF is she thinking, appears she's not? If she returns to any type of employment, earning in excess of the SGI ($12400 yrly) for (12) (Consecutive Months, without interruptions due to her SC's) and reports this info on her VA 21-4140 IU Anniversary Date Filing, the VA will decide to reduce her from IU back to her CSC 70% or less.       If she doesn't want or need the IU Comp $$, DONATE it to the Cause of her choice.

 

[Buck52]

Gastone I was wondering bout this too.

besides have a PTSD Diagnosis plays havc on the workforce. 

I knew a Veteran with PTSD on TDIU and wanted to go back to work  he gave up his guaranteed IU Tax free income

& went to work  and was let go from his new job after a PTSD Episode at work   just that one time is all it takes   employer's will not tolerate harsh behavior in the workforce   needless to say he is having a hard time now.

[broncovet]

I agree with Gastone.  You dont need to let VA know you are employed until you have been (sucessfully) employed 12 months.  

Its one thing to "want" to go back to work, its quite another to be able to actually make it happen.  

If you ARE able to return to the workforce, for at least 12 months, you should certainly inform VA.  

However, it isnt necessary to tell the VA you are "considering going back to work".  

VA benefits are paid for disabilities "which have already happened", not those you think may happen in the future.  In a similar way, you are required to report to VA if you have completed 12 months of employment, and not that you are thinking of going back to work.    

"Working" for TDIU purposes, is defined as "substantial Gainful Employment".  (SGE).  SGE means that you have earned "at least" the minimum poverty level during the past 12 months.  

For example, a TDIU Vet can cut the neighbors grass, paint his house, and/or do other chores as long as he does not earn about 11,000 (depening upon his number of dependents) per year.  

The annual employment form for TDIU vets is here:

https://www.vba.va.gov/pubs/forms/vba-21-4140-1-are.pdf

I suggest you read it.