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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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I understand that only "earned income" can count against SC TDIU.  I get some  passive income from stocks I own,  but the VA has never troubled me about it.  You know SSA taxes my check at the 85% level just because I have some passive income.  I guess dumb azzes at the VA could confuse passive and earned income to cut off TDIU.  For instance you get rent from property you own  that is passive income.  However,  if you actively manage properties then that might be considered earned income.  Tricky.

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Posted (edited)

Hello.

This same thing has happened to me. Received letter on Christmas.

I filled out 21-4140 to the best of my knowledge. There is no place to put LTD on form.

Spent holidays worrying about what to do. I thought I was being single out, till I read this. 

 

Edited by rocky01
misspelled words

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Posted (edited)

I HAD HEARD THROUGH THE GRAPEVINE the 21- 4140 EMPLOYMENT QUESTIONER,   THAT VETERANS ON IU IS NO LONGER REQUIRED TO FILL IT OUT AND SEND IT IN.....

I would take that letter to my R.O. and ask to see a VSO there  to help you get this straighten out  or point you in the right direction to take action.

you may need to send in a 21 -0958 and Appeal, request a DRO Review.

they go over your evidence and medical records to make a decision on the proposal  & hopefully cancel it and leave things like they were.

Edited by Buck52

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Did your brother attach an explanation of what the earned income was from? It was probably marked as 3rd party sick pay on his W2. He should go to see his VSO and ask for a reconsideration. Apparently they were not doing the income match for quite a few years and finally started doing them again. I believe he probably received a letter requesting an explanation and if he only filled out the 4140 form, then they had no explanation and implemented the reduction. Good Luck and Thank you and your brother for your service!!

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Thank you rflo1,

I talked to American Legion (representative), told me to talk to SSA. Spoke with my tax accountant who said everything is right. SSA (talked to) stated VA screwed up and I should talk to American Legion rep (already did that). Went into VSO with explanation and proof (thanks rflo1). Now my wife and I have to scramble financially while we worry and wait to see what happens.  

 

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