Unemployability

[Sadie Simpson]

Has anyone ever filed for and received unemployability? And if so, are you allowed to work at all?

Edited March 7, 2020 by Sadie Simpson
Miss spelled words

[ShrekTheTank]

From my understanding of it is very limited and follows some straight forward guidelines.  I know other here are on it and can answer better than I can.

[brokensoldier244th]

Unemployability (IU) assumes that  you cannot work at all, even though you are rated less than 100% by the schedule. The regs say that you cannot do gainful meaningful employment, which is a standard that SSDI uses as well. I know veterans that work, and people on SSDI that work, but SSDI people lose money from SSDI based on the amount they made in income. VA doesn't do that but if you work and make over poverty level you are looking to have some issues, big ones. They will assume that you are potentially getting better and they can pull you in for a re-evaluation. There are such things as "protected environments" (actual quote) where the employer has made major concessions to your disability, or you are working in a sheltered environment like for family, but the legalities of this, while legal, get really tied up in legalese at the Dept of Labor over what actually IS one of those situations, and DOL seems to take it on a case by case basis. Best not to tempt it. 

I had IU temporarily, I found out, for about 6 months. My claim for increase was not yet settled at the time, and I was being paid at 90%. When my claim finished, they called me 100% P and T (permanent and total) and paid that backpay increase amount to when I filed. They then backpayed me another 6 months back to when I came off of FMLA and still could not work according to CIGNA (my disability provider for work) and had filed for IU, but as TDIU. It was weird and ive not seen it talked about in forum here or elsewhere. It makes sense, and the amount was the same, so it wasn't a net gain, but I never asked to be P and T and would have been happy with IU. *shrug*

If you are on IU its best not to work or to push it, unless you are doing under the table stuff or hobby working. If you are 100 by schedule you are freed of this limitation and can work as much as your disability permits you to.