Dropping SSDI, but retaining VA Disability?

[Skyler0311]

So I will try to make this short. I am on VA disability and on SSDI.  I want to start working soon, and am considering stopping my SSDI in order to do so. Is this possible, and if I do so, can I continue to get my VA Disability? While I will never be fully recovered from my injuries overseas, I feel that I can atleast have a job. I don't want to spend the rest of my days doing nothing. I'm still in my 30's and want to have a life. 

[Skyler0311]

Okay, I just called the VA rep. This is what they told me:

I am 100% for PTSD and Bipolar (Permanent and Total), 10% for arthiritis in my left knee, 10% for ringing in my right ear, and 0% for flat feet. 

What does this mean for me??

Edited October 27, 2018 by Skyler0311

[Skyler0311]

10 minutes ago, Skyler0311 said:

Okay, I just called the VA rep. This is what they told me:

I am 100% for PTSD and Bipolar (Permanent and Total), 10% for arthiritis in my left knee, 10% for ringing in my right ear, and 0% for flat feet. 

What does this mean for me??

Will this prevent my ability to work??

[GeekySquid]

1 minute ago, Skyler0311 said:

I am 100% for MH PTSD and Bipolar Permanent and Total, 10% for arthiritis in my left knee, 10% for ringing in my right ear, and 0% for flat feet. 

 

What this means is that you are P&T at 100% for PTSD and a Bipolar condition. Same as me, except you don't have psychotic elements.

P&T has a high barrier for VA to overcome

I would like you to read these two links from CCK-law.com

https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

https://cck-law.com/news/rating-reductions/

As explained elsewhere there is a high barrier for VA to reduce a P&T rating. There has to be such a dramatic improvement in your daily life that it counts as a "material change" to your existence.

38 CFR DOES NOT BAR 100% P&T  MH VETS FROM WORKING.

That means income alone cannot be used as a justification for reduction of your rating. Don't get me wrong, some VA rater may try to do that, but how will they find out you are making more money? you won't be telling them. As a P&T there should NOT be any more C&P reviews planned for PTSD. (get your letters to know for sure!)

100% MH does NOT mean you are housebound. It does not mean you are so non-functional you cannot speak, walk, talk or make sense.

 

 

2 minutes ago, Skyler0311 said:

Will this prevent my ability to work?? 

no

[Skyler0311]

12 minutes ago, GeekySquid said:

 

What this means is that you are P&T at 100% for PTSD and a Bipolar condition. Same as me, except you don't have psychotic elements.

P&T has a high barrier for VA to overcome

I would like you to read these two links from CCK-law.com

https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

https://cck-law.com/news/rating-reductions/

As explained elsewhere there is a high barrier for VA to reduce a P&T rating. There has to be such a dramatic improvement in your daily life that it counts as a "material change" to your existence.

38 CFR DOES NOT BAR 100% P&T  MH VETS FROM WORKING.

That means income alone cannot be used as a justification for reduction of your rating. Don't get me wrong, some VA rater may try to do that, but how will they find out you are making more money? you won't be telling them. As a P&T there should NOT be any more C&P reviews planned for PTSD. (get your letters to know for sure!)

100% MH does NOT mean you are housebound. It does not mean you are so non-functional you cannot speak, walk, talk or make sense.

 

 

no

So then I am safe in telling the SSA I want to try 9 months of work trial, get a job, without risking my VA benefits? 
This sounds like a win-win, no?

[Skyler0311]

One more question:

Since I am medically retired and also have SSDI, I use both Tricare and Medicare as health insurance. If I use the SSA work trial program, and eventually lose my SSDI benefits, I will also lose medicare too, right? How will that affect my insurance coverage when seeing health care providers? Will my tricare coverage be different?

[GeekySquid]

Just now, Skyler0311 said:

So then I am safe in telling the SSA I want to try 9 months of work trial, get a job, without risking my VA benefits? 
This sounds like a win-win, no?

 

yes it is a win-win and perfectly legal.

I also want you to read a couple more things

https://www.ecfr.gov/cgi-bin/text-idx?SID=6d1a1893d2e091e0526c640b807b93e6&mc=true&node=se38.1.3_1343&rgn=div8

This ecfr deals with continuation of TOTAL ratings. note that even for TD/IU the material change in employability has to be permanent and employment must be significant. You are P&T so the barrier is higher.

This is from the VA M21, which is their manual for adjudicating claims

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014214/M21-1-Part-III-Subpart-iv-Chapter-8-Section-D-Reductions-in-Awards?query=rating reduction

read this and do more research in that manual on your own. You are looking for anything that references PTSD/MH at 100% P&T specifically.

It is complicated but you can do it, and lets face it right now you have time on your hands.

I want you to consider a couple things.

1) you are P&T so you don't have to submit annual income statements to the VA. If you were TD/IU you would have to.

2) VA and SS are not on the phone chatting about you and even if they were 100% disabled means different things in each department and is controlled by different laws.

3) Even if you get called into a Review C&P you don't have to tell them you have a job. Now if they are investigating you for fraud then you have to tell them, but that is not applicable as of now and based on what you have said here.

4) The only way the VA would "know" you had any major increase in income ( without you telling them) would be if you had say a girlfriend or EX that went to VA and said "johnny gets money from you and he owes me child support" or some other such thing. This could be a problem but as long as your 'material condition" has not changed, no amount of income matters legally.

5) you have not said what kind of work you want to do. Say it is manual labor and you earn 50K. You get hurt on the job and go to the VA and said "i'm hurt by working. fix me". They will fix you, but VAMC is different than VA Benefits, and no one is specifically monitoring your med files to see if you get hurt on the job.

Another example is you do computer work and can work remotely at any time of day online, and they find out. big whoop. Income alone cannot be the material increase in your condition to justify reduction. working from home on line involves not socialization and certainly does not stop night terrors.

You should be good to go.