Trial work period???

[lmholmes11]

I want to start my own business however i am currently receiving IU. I want to do a property care taking type deal. Outside all of the time, set my own schedule, if i get one of my migrains, i can call off the the day. I have read that the VA will do a trial work period for so many months without taking the IU away. Then at the same time I have heard thats not true. So does anyone know for sure? Thanks everyone

[broncovet]

Each year, when you get TDIu you are supposed to fill out a form.  While they are, or have eliminated that form, the VA will communicate with social security about your income. 

Now, if/when you earn "more than the poverty level (about 13,000 per year, look yours up, here: https://www.va.gov/pension/veterans-pension-rates/   ). THEN you will no longer be eligible for tdiu, and you most certainly should report it.  

You dont, however, have to report "you are thinking about a business in the future, or even planning it".  Its about how much you make, not how much you might make in the future, that counts.  

Even if you begin working, I wouldnt worry too much until/unless you actually earn more than the poverty level in a 12 month period.  

"EVEN if" you got a job and earned 5000 your first month, you can still wait until you actually earn 13,000 because you dont know how long, for sure, your job will last until it happens.  

 

Edited July 15, 2020 by broncovet

[MarineLCpl]

2 hours ago, lmholmes11 said:

I want to start my own business however i am currently receiving IU. I want to do a property care taking type deal. Outside all of the time, set my own schedule, if i get one of my migrains, i can call off the the day. I have read that the VA will do a trial work period for so many months without taking the IU away. Then at the same time I have heard thats not true. So does anyone know for sure? Thanks everyone

My understanding is that under the current guidelines, you can still work on IU. If working a regular job, you cannot exceed the poverty line as far as income goes. In a sheltered environment, you can make any amount, but the job must be legitimately sheltered, able to be verified. I’m still unclear how they view self-employment...even though it technically could be considered “sheltered” since you can work around your disabilities, they may still question you about it, especially if you’re income exceeds that poverty threshold. 
 

Regardless, the VA can challenge you at any time, for doing any type of employment, regardless of how much income you’re bringing in. This is because you’re receiving IU for not being able to work. But if you’re making below the threshold, you should have no issue explaining the situation to them if challenged. By the book, they can’t consider income below that poverty threshold as “substantially gainful employment” which is what they use to reduce someone. 
 

So either way you look at it, doing any type of work for any amount of money opens yourself up for re-evaluation. Personally, I think people should try and do some work if they feel able, if just for something to do. Many vets are afraid to work at all for the very reasons I outlined. My advice, if you feel able, go for it. I’d only start worrying if you start making anything above the current poverty limit.  

Edited July 13, 2020 by MarineLCpl
typo

[lmholmes11]

Thanks guys I appreciate the info. Yeah I did read about the poverty threshold. (Hopefully) I would make more than that otherwise it wouldn't be worth it. I just didn't know if there was any kind of 'trial work period' like SSDI has. 

 

I would think... Self employment would fall under 'Sheltered Employment' but with the VA who knows. Not sure if I want to be the one to find out for everyone lol. Thanks again! 

[MarineLCpl]

On 7/18/2020 at 7:52 AM, lmholmes11 said:

Thanks guys I appreciate the info. Yeah I did read about the poverty threshold. (Hopefully) I would make more than that otherwise it wouldn't be worth it. I just didn't know if there was any kind of 'trial work period' like SSDI has. 

 

I would think... Self employment would fall under 'Sheltered Employment' but with the VA who knows. Not sure if I want to be the one to find out for everyone lol. Thanks again! 

The VA examines self-employment on a case-by-case basis, I believe. If you have a good argument for how your self-employment position works around your SC disabilities, it could very well be viewed as “protected.” 
 

Regarding a “trial period,” the VA must be able to show sustained improvement over a period of 12 months before considering a proposal for reduction. Let’s say you attempt to work and 6-months in, have a mental breakdown that forces you to halt operations. In this case, the VA would NOT have grounds to reduce because the employment was not sustained, therefore, continuing the IU rating decision. 

Edited July 21, 2020 by MarineLCpl