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Cantgitright52

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I am presntly receiving 100% because of uneployablility, because I was working at USPS and I reinjured my service connected back but my question is I just found out that my class action lawsuit against the Usps was victorius and because of that there is a possibility that they will have to offer me my job back with special accomodations so what I am asking is would my job be considered protected sheltered  employment. Would their be a limit on how much I can make or can I go over the threshold because I have to be given special accomdations to do my job according to my disability. I am rated at 80% schedular. So what Im asking  is will I still be able to collect the 100% because my job would be considered sheltered employment or would I have to either increase my schedular to 100% or go back down to 80%. I know at 80 there is no limit or if it is sheltered employment there is no limit. Any help on this would be very helpful

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My opinion is that "IF" you can work, with or without accomodations, you SHOULD do so, regardless of whether  or not your TDIU was reduced down to 80 percent.  

There should be a bit of a "safety net" for you, so I suggest you use it.  Each year, if on tdiu, you are supposed to fill out a form showing how much income you made in the past 12 months.  You dont report how much "you think you will make in the next 12 months", but rather how much you did make.    So, the saftety net is you can try working until you earn about 10,000 and see if you are able to do that.  After you earn 10,000, if you make it there, then you will need to decide if you can continue or not.  Dont even think of lying to VA, but, its not unreasonable that you may not even know if you are capable of returning to work full time.  And, I dont think you have to guess, either.  That is, I dont think you need to "run down and cancel" your TdIU if you are thinking about returning to work, but instead, you can try working and see if it works out and only if you are confident you can continue working do you need to call Va anc cancel tdiu.  Use the VA form for its intended purpose, and accurately report your earned income, and let them decide.  

IF you earn over about 10,000 per year, then it will likely "raise a red flag" to VA and they may well look into your tdiu and see if a redcution is appropriate.  The decision makers will decide if this is "sheltered income" or not.  Its not my job to make that decsion, and you can choose whether to abide by the decision maker's call, or appeal it.  It does not make sense for me to "speculate" on what the decision maker's decision will be.  If you would like to speculate, you may find either BVA case law, or cavc case law similar to yours, but that will take more time to research that than what I have available to offer you.   So, you can do a case law search on "sheltered income" and do it yourself.  


 

Edited by broncovet (see edit history)
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check this link out from Woods &Woods LLC

I would say you do have sheltered income  so you can work but make sure your not over the marginal income 

This link will explain what sheltered income is.

https://www.woodslawyers.com/va-unemployability-requirements-and-income-limits/

Edited by Buck52 (see edit history)
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15 minutes ago, Buck52 said:

check this link out from Woods &Woods LLC

I would say you do have sheltered income  so you can work but make sure your not over the marginal income 

This link will explain what sheltered income is.

https://www.woodslawyers.com/va-unemployability-requirements-and-income-limits/

so if he has sheltered income it shouldn't matter if he goes over the marginal income level should it

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If You Are Currently Employed

First, your job must be considered marginal employment or a protected sheltered work environment.

Marginal means you earned at or below the poverty level on the same year as your effective date.

Sheltered means you have accommodations at your job for your service-connected disabilities.

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You should notify the VA that you are going to attempt to go back to work with your employer offering modifications to your work environment. The VA will let you work for a year. You would then have the opportunity to see if you can work or not. After the year you will be identified thru the match program and have to explain the income and work environment. At that point the VA would decide if you are in a protected environment. If you attempt to work and do not let them know, you may lose your IU even if you make under the poverty level. Always good to be honest with VA. Good Luck and Thank you for your service!!

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Great Info from rflo1

Although if you fail to report if you choose to go back to work  VA can and will check with SSA/IRS For reported income, you should use for 21-4140-1 to report any income while being rating for IU If you do choose to go back to work and getting IU Compensation.

I agree with rflo1

''you will be identified thru the match program and have to explain the income and work environment. At that point the VA would decide if you are in a protected environment.''

And always be honest with the VA.

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