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Doordash and TDIU

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johnsoncm

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My question is can you be on TDIU  and still do Doordash?  Next year will be 10 years TDIU for me.  I'd like to make some extra money to payoff bills and think about a bigger home for my family.  I know there's no way I can work like I used to, I've accepted my limitations,  but Doordash would let me work when I want and if I'm hurting, I don't have to do anything.  Plus I think it would qualify under both marginal and protected environment work.

Honestly, though,  the VA terrifies me, and I've heard stories of vets who followed the rules and got screwed anyway.  So I'm asking for advice or anyone with experience here.  I tried going on the Board of Veterans Appeals site and searched up "Doordash" to see if anyone has gone through this, but nothing that applied.

Thanks.

 

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18 minutes ago, johnsoncm said:

The rules say I SHOULD be able to do this, but after my experience and what happened to some friends, I have a real hard time trusting their word, ya know?  I'm just trying to find out if my concerns here are legit, or if it's just my anxiety talking.

The reason I suggested try for SSDI is that most claims are denied and even some lawyers lose their claims but, in my experience, if you are rated 100% or TDIU a good lawyer could win your SSDI benefits. Not sure if you went with a local attorney or one of the BIG ones you see on the TV, but it can be done but your lawyer has to know his or her stuff. As stated, the initial claims are denied, and veterans claims are won at the ALJ (Administrative Law Judge) Hearing which takes about 18 (eighteen) to 24 (twenty-four) months.  You might even have to shop around to get the right attorney, but it can be done. If you are within 10 (TEN) years, you might want to try again. You will have to sign a fee agreement but the 20% is well worth it.

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Marginal employment is not just about earning more than poverty level. Marginal employment takes in to consideration your education level and previous work history before the action that caused your disability where you were granted TDIU.  For example, I have a Master’s of Business Administration (Accounting), therefore, my earnings would have been on par with anyone else who has a MBA in Accounting.  I can no longer work with numbers in the same capacity and, therefore, cannot work in the field anymore.  If I have a job that pays more than poverty but considerably less than a position that I could have reasonably been employed, with education and work experience to back up, then that would be marginal employment even though the position may pay more than poverty.

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VIII.iv.3.A.2.c.  Definition:   Marginal Employment

 

Marginal employment exists
  • when a Veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person, or
  • on a facts-found basis, and includes, but is not limited to, employment in a protected environment, such as a family business or sheltered workshop, when earned annual income exceeds the poverty threshold. 
Important
  • Marginal employment is by definition not substantially gainful employment. 
  • Do not consider amounts received from participation in the Veterans Health Administration’s Compensated Work Therapy Program as income for IU purposes.  
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On 9/15/2021 at 11:31 AM, pacmanx1 said:

The reason I suggested try for SSDI is that most claims are denied and even some lawyers lose their claims but, in my experience, if you are rated 100% or TDIU a good lawyer could win your SSDI benefits. Not sure if you went with a local attorney or one of the BIG ones you see on the TV, but it can be done but your lawyer has to know his or her stuff. As stated, the initial claims are denied, and veterans claims are won at the ALJ (Administrative Law Judge) Hearing which takes about 18 (eighteen) to 24 (twenty-four) months.  You might even have to shop around to get the right attorney, but it can be done. If you are within 10 (TEN) years, you might want to try again. You will have to sign a fee agreement but the 20% is well worth it.

Take your tdiu documents to SS office before you hire an attorney, if you are denied, then seek out counsel.

Why pay an attorney if you don’t have to.

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A questions or two. 1. how long have you been TDIU? If it has been more than 10 years I would not mess with it. After the 10 year point your family is entitled to your VA 100%. It will give them an excuse to relook at you claim. The way to get a 100% and work is to get enough rating % to equal 100 scheduler with that it doesn't matter what you make. 

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On 4/3/2023 at 10:38 AM, brokensoldier244th said:

VIII.iv.3.A.2.c.  Definition:   Marginal Employment

 

Marginal employment exists
  • when a Veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person, or
  • on a facts-found basis, and includes, but is not limited to, employment in a protected environment, such as a family business or sheltered workshop, when earned annual income exceeds the poverty threshold. 
Important
  • Marginal employment is by definition not substantially gainful employment. 
  • Do not consider amounts received from participation in the Veterans Health Administration’s Compensated Work Therapy Program as income for IU purposes.  

 

On 4/3/2023 at 10:34 AM, Wade9224 said:

Marginal employment is not just about earning more than poverty level. Marginal employment takes in to consideration your education level and previous work history before the action that caused your disability where you were granted TDIU.  For example, I have a Master’s of Business Administration (Accounting), therefore, my earnings would have been on par with anyone else who has a MBA in Accounting.  I can no longer work with numbers in the same capacity and, therefore, cannot work in the field anymore.  If I have a job that pays more than poverty but considerably less than a position that I could have reasonably been employed, with education and work experience to back up, then that would be marginal employment even though the position may pay more than poverty.

so are these 2 statements in opposition? i am confused if they are in agreement or not since there was only the post from the VA and no follow-up commentary. 

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