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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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freedomisntfree

TDIU taken away because of long term disability insurance.

Question

My brother  was 90% and awarded 100% IU P&T two years ago. He was awarded SSDI about a year and half ago. From the day he stopped working he was put on long term disability insurance an entitlement he receives because he paid many years for in case he would not be able to work or if he was hurt on the job.

He received notice they was taking his IU because he was over the threshold for taxable income.  I  was not aware long term disability insurance could be included in the income threshold. It is taxable income but it is not a working income. He is too broke to work. He just recovered from another knee surgery. 

Is their anyone who can assist with this.

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Posted (edited)

Unfortunately there are two types of Long term disability insurance.  Pre tax and after tax.  If you are working and read this make sure that you get the after tax insurance.  Pre tax LTD is taxable where after tax LTD is not taxable.  It looks like he may lose this one.  When I applied for TDIU they attempted to say my LTD plan superseded my rights to TDIU but mine is not taxable.

Edited by vetquest

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Sounds like he was on a VA pension, and not disability.  He could have no compensable disabilities, however unable to work,  he got a VA pension.  He might be thinking its because he is unemployable, when in fact it is a needs based benefit, in which he met the requirements ir-regardless of his disabilities.

IU is for unable to be gainfully employed.  Not needs based.  You can be a millionaire and get IU, however, no pension if your income is higher than the threshold determined by the VA.

Something is wrong or the story is a little incomplete,

Just sayin,

Hamslice

 

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I have long term disability insurance and I have been getting TDIU for 17 years.  My LTD insurance check is non-taxable.  However, as others have said it could be counted against VA pension I guess.  If anyone wants to get a LTD policy make sure it has no connection to getting SSDI or Worker's Compensation or disability pensions.  We need more info as Ham has said.

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1 hour ago, broncovet said:

I agree with Buck.  Veterans compensation is "not" needs based.  Senator McCain got VA compensation as have other high profile people.  Can you scan the letter that says his compensation (TDIU) is being removed due to long term disability insurance??

Talked with him and he received a letter telling him to fill out a va form 21-4140 and he did. But it asked if he was working  and he checked no.  But the SSA reported taxable income "LTD" so they assumed he did not disclose it. I  found under M21-1 part IV subpart ii 2.F5.a , automated monitoring for income sends a report to the VA of taxable income over the threshold. In return the VA sends the 21-4140 to explains the "working income". He was not working so he checked the no box for working. Since he was not working he has to now appeal and resubmit for his IU or not to stop his IU. Since he did not know what the 21-4140 was about he answered it correctly  and checked no went to section 3 signed and sent it back not knowing they want to know about taxable income.

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This may  make no sense  but what if a Veteran has a large amount in his savings account  say Navy Federal Credit Union, lets say about 13,.000.00 (thirteen thousands ok he has a ''Money Market ''account but don't touch it and he actually makes $$  some but not over the given threshold VA Sets. but it is taxable.....

I mean if he has been saving? or any veteran getting IU, if he is lucky enough to put some away each month...and that savings account gets built up over the years and The financial Institution reports this to the IRS

would something like this cause him to get a letter?

The SSA don't allow it  or even have a nice car  if you get medicare and over 65

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