Employment

[Ddsr]

I was awarded TDIU last month. Is anyone out there TDIU and working part time, or working at all? I am told I can work as long as it is under poverty level?

[pwrslm]

https://www.hillandponton.com/working-receiving-tdiu-time-yes-possible/

https://cck-law.com/news/protected-work-environment/

https://www.veteranslawblog.org/tdiu-benefits/

Good advice on this issue.

Edited August 14, 2018 by pwrslm

[Buck52]

pwrslm link sheds the light on this..but read this link very carefully 

''depends on the circumstances'' ...>a lot of it is how the VA means that.

I read this last sentence in this link from Hill& Ponton attorney's 

''The bottom line when it comes to IU is that veterans and veterans’ advocates have to know the VA’s rules better than the VA does itself. The VA is not going to willingly concede that a working veteran may be eligible for IU.''

Source:Hill & Ponton Attorney's

Just my opinion 

I would not want a job making say 12.000 year and on TDIU P/T

  ok,

if the VA Decided that this Veteran can work making that much

''Specifically, the VA is looking to see if the veteran is maintaining substantially gainful employment. The VA defines “gainful employment” as any earnings from work that are above the annual poverty level as determined by the Census Bureau. This means that by definition, work below the poverty threshold is not considered to be gainful employment. In fact, the VA defines work below the poverty threshold as “marginal” employment. The VA regulation further provides that even if earnings exceed the poverty threshold, if the veteran is working in a “sheltered” environment or for a family business, he or she may still be eligible for IU benefits.''

(Although they may say he can work making so much and under the poverty level and all this bull) he has the potential making more, therefore he is not as disabled as he claims, therefore a proposal to reduce his benefits would be sent, so you need to ask yourself is making the 12.000 extra worth the risk of getting your 40.000.00 a year taken away?

Although it says a veteran can work making under the poverty level , this is just a Risk for the Veteran to decide for himself and his family.

personally, I'would not Risk it because I do not trust what they say here even if its in the Regulations  VA has a way to really play havc on a Veterans life with this.. but this is something for each Veteran to decide on his own.

[Guest L]

@Buck52 I agree with Buck... I have been IU for 4 years and every time I check my ebenefits - they have been reviewing my file on an annual basis close to my award date.

I send in my income- lack of income..... verification at the first of the month for my anniversary.

To me this means they are checking between the IRS/SSA verifying that I have no income.  . 

[broncovet]

Did your doctor state you "are unable to maintain SGE due to sc conditions?"  This is usually what is required, tho someone pointed out that Vets sometimes get benefits to which they are not eligible, as well as the all too familair being denied benefits they deserve.  

I dont want to sound alarms, but unless you have "overcome" your disabilities and have been able to go to work, you may be at risk for a cue error unless a doctor did, indeed make such a statement.  

Two famous people who were awarded 100 percent and went back to work are Tammy Duckworth and Max Cleland.  The schedule of rating disabilites makes it clear that it means the "average" person would not be able to overcome their disabilities and go back to work, thus exceptional ones may do just that.  

My opinion is, that if you are working OR CAN work, then you may have to give up TDIU.  TDIU is not designed for workers.  

Social Security also has a "path to employment" for disabled workers.  I think Social security gives you a year or so, before they take your social security.  

VA has something similar.  You have to send in a form every year, when you are tdiu, to continue.  You certify if, or how much you worked in the last 12 months.  If you dont send in that form, your benefits are subject to be taken away.  

If you lied on the form, that is a no, no.  Dont do that.  If you are able to work, even part time, then tell them how much you worked, and when.  

Further, I dont suggest, "pushing the envelope".  In other words, work as much as you can, tell VA, and let the chips fall where they may.

Dont do stuff like work only 4 months of the year to stay under the povertyl level so you can collect tdiu, when you could work more.  The VA has ways of finding out stuff like this, and you dont want to go there.  Play it honest, fair and square, or not at all.  Its okay to maximize your benefits....but not by lying about your disabilities.  

Please understand, IM NOT ACCUSING YOU OF LYING.  I have no idea of the severity of your disabiliities.  Im simply suggesting dont make the mistake of exaggerating your disabilities to collect benefits, including, but not limited to tdiu.  Instead, sleep well at night by telling the truth and accurate reporting.  

[Buck52]

broncovet quoted this above

''VA has something similar.  You have to send in a form every year, when you are tdiu, to continue.  You certify if, or how much you worked in the last 12 months.  If you don't send in that form, your benefits are subject to be taken away''

That form is the 21 4140-1

And the VA Does review the IRS AND SS Records on IU Veterans.

[Buck52]

TDIU P&T is given to Veterans that can't work  or was rated under the 100% and couldn't work.

They need to change that if a Veteran is 90% or any % that quailfy's  him/her for TDIU why not just make that Veteran 100% scheduler?...they say the rating criteria don't meet the 100%on a particular disability/disability's but if that lower % keeps the veteran from doing any type of work  then to me he/she is 100% 

I believe they do that so the Veteran can't go back to work or wait and just see if he/she does  then hang him/her out to dry..

 

 

Edited August 14, 2018 by Buck52