lamontino Posted August 10, 2023 Share Posted August 10, 2023 If you work and have children and get TDIU does the VA go on the federal poverty guidelines as far as how much I can earn with two kids that won't effect my benefits? Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted August 10, 2023 Moderator Share Posted August 10, 2023 VA defines marginal employment as any job (or jobs) that pay less than the federal poverty level for one person Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted August 13, 2023 Moderator Share Posted August 13, 2023 According to cck law, the poverty level is based upon the number of dependents, and ranges from a low of 13k to as high as 37k with 6 dependents. https://cck-law.com/blog/va-unemployability-income-limits/. This changes annually, probably adjusted via the cola percentage. Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted August 13, 2023 Moderator Share Posted August 13, 2023 I was going off of this: 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. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted August 13, 2023 Moderator Share Posted August 13, 2023 Good point, broken soldier. There is an obvious discrepancy between CCK law's point that "poverty level" is based on the number of dependents, vs M21 mr's version that the poverty level is based on "one" person. In this light, I looked up 38 CFR 4.16 which, in pertinent part, states: Quote Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. For that reason, I stand corrected. I am rather "shocked" that cck law would make such an error, but there is a great chance that the CAVC/federal courts have, indeed, corrected 38 CFR 4.16, above, which does not seem to take into account the number of dependents in the definition of poverty level. Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted August 14, 2023 Moderator Share Posted August 14, 2023 Not necessarily corrected, there is that "facts found" language in the M21. I suppose that could be wiggle room for a higher amount in there. I didn't post 4.16 because it was the less liberal sounding between the two. Link to comment Share on other sites More sharing options...
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lamontino
If you work and have children and get TDIU does the VA go on the federal poverty guidelines as far as how much I can earn with two kids that won't effect my benefits?
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