Individual Unemployability and Marginal Work

Individual Unemployability and Marginal Work

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Joined: 21 Sep 2007, 17:34

19 Jul 2014, 23:52 #1

This question gets tossed in here all the time.  Here it is.  Regardless of your opinions. VA words, not mine.
Be ABSOLUTELY straight honest with VA.

Link to 38 CFR 4.16

If you want to deal with VA and the scrutiny of wether what you do is marginal or gainful, that is up to you.  VA will be notified and they will decide.  Here is a quote from Cruiser on this:
"When VA is notified of earned income by an IU recipient they do the necessary development to determine the nature of the employment.  If it is determined to be marginal employment, then the question is whether or not this is all the veteran is capable of doing.  In almost every case the answer is "Yes;" however, this should not be considered to be automatic."




Quote from another post:
If an IU Vet goofs around here and there and earns a few extra bucks, fine.  There is a difference in sporadically doing things to make a little money and maintaining substantially gainful employment. Marginal is not substantially.  Just be up front with VA or you could end up butt hurt.

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"Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment."

"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 (see link below) for one person."

Link to "Poverty Threshold" info.
http://aspe.hhs.gov/poverty/14poverty.cfm

There.  That's it.  Pretty freakin' clear cut in VA speak.

Vol
Post is a process in work...
Last edited by Admin on 20 Jul 2014, 01:09, edited 5 times in total.
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Joined: 16 Jun 2014, 17:29

25 Jul 2014, 17:22 #2

Hello vets I was denied TDIU based on me working at the time, am currently employed but the RO failed to take an account on how my disabilites affect my ability to work.  My employer wrote me a letter stating this and they also included all my abscences over the last three years that are directly related to my service connected disabilites.
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Cavmedic
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Joined: 13 Aug 2009, 06:19

25 Jul 2014, 17:37 #3

Pretty sure marginal work would be say..a few hours a week....every once in a while.
Not banging out 40 one week and 30 another. Churdomega...absences....proof that each one was on account of sc disability?
Last edited by Cavmedic on 25 Jul 2014, 17:39, edited 1 time in total.
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Joined: 24 Dec 2007, 14:46

26 Jul 2014, 02:12 #4

vol's info is exactly straight.

I read somewhere in the VA regs that the IU Veteran' participation in a closely held family Corporation or on a farm run by family members shall not be considered gainful employment. I will try to find a reference.






The problems that IU PTSD patients have is that there are days they could perform some useful service and then there are the days that they just can't function. an employer does not want someone who cannot be relied on.


This is an issue that most PTSD patients have to deal with. Personally I can't go out and work. My academic qualifications and skill set earns around 100K each year. I'd be a hell of a lot better off if I could hold down a job.





 
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Joined: 17 Nov 2013, 19:52

26 Jul 2014, 14:45 #5

ong rau wrote:
vol's info is exactly straight.

I read somewhere in the VA regs that the IU Veteran' participation in a closely held family Corporation or on a farm run by family members shall not be considered gainful employment. I will try to find a reference.






The problems that IU PTSD patients have is that there are days they could perform some useful service and then there are the days that they just can't function. an employer does not want someone who cannot be relied on.


This is an issue that most PTSD patients have to deal with. Personally I can't go out and work. My academic qualifications and skill set earns around 100K each year. I'd be a hell of a lot better off if I could hold down a job.





 
M21-1MR Part 4, Subpart II, Chapter 2, Section F, Topic 26

Or just go here: http://www.benefits.va.gov/WARMS/M21_1MR4.asp   Scroll down to 'Subpart II, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU)'  Topic 26.
All info supplied in an 'As-Is' condition.  No warranties expressed or implied.  See owner's manual for details...

SGT USMC 6112 '81-'87  

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Joined: 28 Sep 2013, 21:20

14 Aug 2014, 04:49 #6

This raise a question for me, and I will appreciate if anyone can provide feedback on the question,

Hipothetically, let's supposed that I am in recipient of SSDI and TDIU.....and I decide to invest in the stock market and in the process, I made a good amount of money through the year....and I do not work for anyone.....

Would that break the rules of TDIU and SSDI?...would that trigger a review from VA and the SSDI that could lead to a reduction?......
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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17 Aug 2014, 12:27 #7

floridaman1398 wrote:
This raise a question for me, and I will appreciate if anyone can provide feedback on the question,

Hipothetically, let's supposed that I am in recipient of SSDI and TDIU.....and I decide to invest in the stock market and in the process, I made a good amount of money through the year....and I do not work for anyone.....

Would that break the rules of TDIU and SSDI?...would that trigger a review from VA and the SSDI that could lead to a reduction?......
You would be fine. 

Pop
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Joined: 28 Nov 2002, 01:37

17 Aug 2014, 20:01 #8

Are you a stock trader making money for other people or is this something you do for yourself, father-in-law and brothers-in-law?
Pop
Hae autem princeps / no pugnam win

https://scontent-dft4-3.xx.fbcdn.net/v/t1.0-9/22089413_10155568325407040_2267588676296593077_n.jpg?oh=a328b2115c4f9bb3acb452ba3b70be5a&oe=5A7AEDFE
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Joined: 28 Sep 2013, 21:20

19 Aug 2014, 17:39 #9

Pop wrote:
Are you a stock trader making money for other people or is this something you do for yourself, father-in-law and brothers-in-law?
First....

I apologize if it seems that I am hijacking this thread.....I thought that it was an important question from Churdomega and the stock investement cames to my mind when I read his post....

I am what is called "retail stock trader investor"..... just me investing for myself and for no one else.  I am a single man, no spouse to claim in the tax docs.  Again, the hypotethical question is, if I made a good amount of money doing trades, would that cause a problem with the Social Security and/or VA TDIU?....

Would that be considered "Marginal Work" even if I just sit for two hours a day, three times a week?......

 
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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Joined: 28 Dec 2012, 20:58

19 Aug 2014, 18:07 #10

I am in somewhat tf the same boat as Florida man I own 2750 shares of pre ipo space x stock. When I go to sell them they will show as income I wonder if the va will ding me for that even though it's just a stock sale.
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AKC
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Joined: 21 Nov 2012, 15:46

19 Aug 2014, 18:21 #11

No. It's passive income that you gained via investment and not working.

Same as lotto winnings.
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Joined: 28 Sep 2013, 21:20

22 Aug 2014, 15:56 #12

Is a good thing because if my VA TDIU and SSDI gets approved, I would like to expand my trades like trading in options and some commodities. 

For the longest time, I thought that investment trades could be considered as a job because of the earnings. 

Thanks!
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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ranosb
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Joined: 08 Aug 2012, 04:40

24 Aug 2014, 02:29 #13

Employment income, actually from working. Not pensions, SSA, capital gains, interest, dividends, profits from sale of a home, etc...
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Pop
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Joined: 28 Nov 2002, 01:37

26 Aug 2014, 17:13 #14

It can depend on how your "earnings" are coded by the IRS and then reported to the SSA.

If the SSA looks at it as "income" then it might trigger a look. But, when they take a look they will decide whether it is considered as passive income versus marginal employment versus actually working.

I guess it will depend on what they find.

The question now is if you can make enough money doing stock trading the do you need IU?

That is not a judgement but only a question.
Pop
Hae autem princeps / no pugnam win

https://scontent-dft4-3.xx.fbcdn.net/v/t1.0-9/22089413_10155568325407040_2267588676296593077_n.jpg?oh=a328b2115c4f9bb3acb452ba3b70be5a&oe=5A7AEDFE
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Joined: 28 Sep 2013, 21:20

29 Aug 2014, 02:43 #15

Pop wrote:
It can depend on how your "earnings" are coded by the IRS and then reported to the SSA.

If the SSA looks at it as "income" then it might trigger a look. But, when they take a look they will decide whether it is considered as passive income versus marginal employment versus actually working.

I guess it will depend on what they find.

The question now is if you can make enough money doing stock trading the do you need IU?

That is not a judgement but only a question.
It is not something that takes hours....  If you have done stocks trading, you would understand that, besides the knowledge about how the market behave to predict your trading options, it all takes to input your information in your trading platform and that's it. 

Why do I need IU?.......  Trading is not a job for me.  It keeps me occupied in at least doing something since I don't presently work.   So it is pretty much a hobbie.  I don't deal well with people and the conditions I am presently precludes me from securing and maintaining a gainful employment.

So, expanding few more trades a week would certainly supplement the IU income....

Would that answer your question?....


 
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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Joined: 23 Aug 2014, 01:03

29 Aug 2014, 12:46 #16

With my restrictions my work place the postal service could only come up with 4 hours of work per day .... I have am 80% rating now with claims in to increase for my back and adjustment disorder. But it is hard to get a bump to 100 when your this high so I pit in for un employability because I now have lost half my income due to my conditions and my VA Dr. Restrictions... 
Pi put in for a disability retirement from OPM and VA never sent in X-rays or MRI's and I never went to an occupational theripist to get evaluated for my job so I submitted the information in an reconsideration appeal ... If it gets denied I can pull it and start a new one or go to a MSYB appeal process.... What a pain ... Mean while.... I am in limbo because they don't have to let me work the 4 hours a day they tell me so ... Ill lose job no retirement and still not be 100% ..... Nice ...
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Joined: 28 Sep 2013, 21:20

05 Sep 2014, 15:53 #17

Bill155 wrote:
With my restrictions my work place the postal service could only come up with 4 hours of work per day .... I have am 80% rating now with claims in to increase for my back and adjustment disorder. But it is hard to get a bump to 100 when your this high so I pit in for un employability because I now have lost half my income due to my conditions and my VA Dr. Restrictions... 
Pi put in for a disability retirement from OPM and VA never sent in X-rays or MRI's and I never went to an occupational theripist to get evaluated for my job so I submitted the information in an reconsideration appeal ... If it gets denied I can pull it and start a new one or go to a MSYB appeal process.... What a pain ... Mean while.... I am in limbo because they don't have to let me work the 4 hours a day they tell me so ... Ill lose job no retirement and still not be 100% ..... Nice ...
Get yourself a lawyer if a submitting an appeal......
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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Pop
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Joined: 28 Nov 2002, 01:37

05 Sep 2014, 17:50 #18

Florida,

I guess you could say that Stock Trading a couple of hours is like moderating on a veterans website. Both are good for the soul.

Regards,
Pop
Hae autem princeps / no pugnam win

https://scontent-dft4-3.xx.fbcdn.net/v/t1.0-9/22089413_10155568325407040_2267588676296593077_n.jpg?oh=a328b2115c4f9bb3acb452ba3b70be5a&oe=5A7AEDFE
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Joined: 28 Sep 2013, 21:20

16 Sep 2014, 16:47 #19

Pop wrote:
Florida,

I guess you could say that Stock Trading a couple of hours is like moderating on a veterans website. Both are good for the soul.

Regards,
Best way to put it....yeap !!
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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LeoP
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Joined: 05 May 2012, 21:54

30 Sep 2014, 03:55 #20

Bill155, the USPS has a union, and you are a Veteran with a 10 point preference, get with your Union Rep and get the ball rolling. There are requirements for handicapped people that must be followed and you are one of them, Don't let the USPS push you around.
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Joined: 31 Jan 2013, 21:11

03 Oct 2014, 16:35 #21

Florida, If you have capital gains from trading it is reported as income and I believe that all your income totaled up is taken into consideration towards paying taxes on SS.

As long as you are not working for a brokerage house it is considered passive IMO.

I am a trader as well for myself and the only thing it would affect is whether you have to pay tax on your SS.
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Joined: 28 Sep 2013, 21:20

05 Oct 2014, 05:42 #22

dabonenose wrote:
Florida, If you have capital gains from trading it is reported as income and I believe that all your income totaled up is taken into consideration towards paying taxes on SS.

As long as you are not working for a brokerage house it is considered passive IMO.

I am a trader as well for myself and the only thing it would affect is whether you have to pay tax on your SS.
Enlight me more about it because I am still a little bit confused.   I don't work for any brokerage firm or house or anyone, only for myself. 

I make some trades, but not much as of yet.  I am hoping that once I get my SS Backpay, I can start doing more trades per week and if my IU gets approved, then I will day trade more often. 

When you say " All Income", does it means that also VA compensation is factored in the equation?

And if paying taxes on SS, how much is the percentage?

Thanks!....

 
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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18 Nov 2014, 04:52 #23

I have been fired for being an a## several times and usually have to not disclose things to get jobs. I am NOT sc yet and have been trying for a year for PTSD. I have two kids and force myself to work but its hard and I will end up saying something to a co worker or customer and I will get fired but although I try, sometimes my buttons get pushed and I go off. Guess my question to all is if I get a rating of some sort for PTSD(which I think I will due to condition) and lets say its like 30 or 50 %, can I just not look for work when I get fired and then put in for unemployability???

Joined: 28 Sep 2013, 21:20

25 Nov 2014, 07:47 #24

Bama Born wrote:
I have been fired for being an a## several times and usually have to not disclose things to get jobs. I am NOT sc yet and have been trying for a year for PTSD. I have two kids and force myself to work but its hard and I will end up saying something to a co worker or customer and I will get fired but although I try, sometimes my buttons get pushed and I go off. Guess my question to all is if I get a rating of some sort for PTSD(which I think I will due to condition) and lets say its like 30 or 50 %, can I just not look for work when I get fired and then put in for unemployability???
Not trying to be mean or anything like that but based on your message, I can perceive that you are looking for a reason NOT to work.  It sounds to me more like a anger management issue than PTSD......Again, it is just a perception because I don't know you whole story here.  For example, you are trying to file for PTSD...have you deployed to a combat or a theater of operations? What are the factors surrounding your PTSD claim? ...are you submitted other claims besides PTSD?   

TDIU Schedular Requirements 38 C.F.R. 4.16(a) provides the schedular requirements for TDIU as follows: “if there isonly one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percentor more, and sufficient additional disability to bring the combined rating to 70 percent or more.” However, in some cases, a Veteran will have one disability ratable at 60 percentwith an additional disability rated at 0 or 10 percent, and the combined rating will stillequal 60 percent. In these cases, consider the schedular requirements to be met. Thereference in 4.16(a) to two or more disabilities should be interpreted as applying to caseswhere no single disability is sufficient to meet the 60 percent criterion.                                                     

So, go throug the system, get SC and then decide your next move based on your current situations at that particular moment.
OIF- 4th ID (2005-2006).......  OEF- 18th ABNC (2008-2009)

 100% SSDI
 100%   SC PTSD w/Housebound SMC     
       30% Migraines
       20% Right Arm Elbow ROM limitation
       10% Right Arm Elbow Olecranon Bursitis
       10% Right Hand Carpal Tunnel Syndrome
       10% Right Ankle Ligament Sprain
       10% Left Knee Patellofemoral Syndrome
       10% Right Knee Patellofemoral Syndrome
       10% Post Right Hand Scaphoid Fracture Residual
       10% Tinnitus
        ................and a whole bunch of denied and zeros
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Joined: 05 Feb 2013, 18:09

26 Nov 2014, 19:59 #25

Proceeds from the sale of stocks/bonds is reported as a gain offset by losses incurred within the same calendar year. The gain is not considered "earned" income and in my opinion wouldn't be considered as income from work (marginal or otherwise). Same explanation for dividend income from investments which are also not categorized as earned income.
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Joined: 24 Dec 2014, 00:10

24 Dec 2014, 00:10 #26

I'm an Armed Federal Law Enforcement Officer, and have been diagnosed with PTSD since 2004 from my time as an Infantryman in IRAQ. I've only recently started treatment and getting compensated. I no longer feel confident and or comfortable that I can continue this line of work due to some issues I've been dealing with and suppressing for a long time. My question is; can I apply for and receive UIC at 100% with a 60% rating even though I'm still employed? I would really rather stick it out with my job that pays over 100k a year and take my retirement when eligible. But my attendance is probably one of the worst between my back issues and the demons in the ole gord..... and like I said..... I'm scared at work most times I'm there, I feel everyone o work with is against me even though I know it's not the case. And insight would be greatly appreciated!
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etihwr
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Joined: 02 Oct 2005, 17:46

30 Dec 2014, 08:32 #27

The only problem with the link, it's for HHS and not department of commence.  Here is the 2013 excel spread sheet.   The rate is $11,888 which is higher.

https://www.census.gov/hhes/www/poverty/data/threshld/

Table with row headings in column A and column headings in rows 4 to 8.
Poverty Thresholds for 2013 by Size of Family and Number of Related Children Under 18 Years
                     
Size of family unit Weighted average thresholds Related children under 18 years
None One Two Three Four Five Six Seven Eight or more
                     
One person (unrelated individual).......       11,888                  
  Under 65 years..............................       12,119       12,119                
  65 years and over...........................       11,173       11,173                
                     
Two people......................................       15,142                  
  Householder under 65 years...........       15,679       15,600       16,057              
  Householder 65 years and over........       14,095       14,081       15,996              
                     
Three people....................................       18,552       18,222       18,751       18,769            
Four people.....................................       23,834       24,028       24,421       23,624       23,707          
Five people......................................       28,265       28,977       29,398       28,498       27,801       27,376        
Six people........................................       31,925       33,329       33,461       32,771       32,110       31,128       30,545      
Seven people...................................       36,384       38,349       38,588       37,763       37,187       36,115       34,865       33,493    
Eight people....................................       40,484       42,890       43,269       42,490       41,807       40,839       39,610       38,331       38,006  
Nine people or more..........................       48,065       51,594       51,844       51,154       50,575       49,625       48,317       47,134       46,842       45,037
Source:  U.S. Census Bureau.                    
Last edited by etihwr on 30 Dec 2014, 08:34, edited 1 time in total.
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Joined: 10 Jan 2015, 04:52

10 Jan 2015, 04:52 #28

Hi. My hubby is coming up for a hear for increase. Right now he is(40%) 10% Neck pain, 10% Spinal degenerative disease, And 20% Back pain.
His claim coming up includes Chronic Migraines, PTSD, Rhuematiod Arthritis Knees, And Depression.Hubby was in the Navy for 4 Yrs. Got out in 2009. His 40% started from when he got out in 2009. Due to his mental and physical problems, he never worked since 2009. So, with that being said, what is Unemployability and how does that play into his claim to try and raise his 40% to 100%?? The Regional office people never explained any of this to us. And I am his caregiver at Teir 2.
Now we are past his denial, past his appeal, we are waiting for a court date coming up soon.
Question 1. How does Unemployability effect his claim (THE ONLY THING I THINK I UNDERSTAND IS..... IF HUBBY IS AT 100%, HE DOESNT GET UNEMPLOYABLITY)
Question 2. How soon after, or do we find anything out the day of his court hearing about how much his % goes up, if any?
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Joined: 19 Apr 2011, 17:58

05 Apr 2015, 03:34 #29

Well looking at the commerce dept definition of low income that would put all of us that are at 100% out of the picture because us that make say the normal 100% ( without spouse or SMC or anything like that. At $29000.00 a year roughly. I'm in the same boat I don't work a lot at most three hours every month and a half ( I probably could work more) but my PTSD and back issues can cause me problems. I could work remotely from home.( computer consulting) but you guys that also draw SSDI you can only work a certain per month ( something like 750 or so) before they say something. So why bother? Those at the $2900.00 a month along with SSDI come close to making 54 grand a year why bother trying to make more and get into trouble. I make more now then I have ever in my whole 65 years.
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SS337
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Joined: 13 Feb 2012, 22:37

09 Apr 2015, 11:25 #30

I know that I do not write well, so please look to the message and not the messenger. There are 22 or so VA regional offices making decisions based on their interpretations of definitions and criteria. The BVA is the decider. Go to the BVA decisions. Read some of the decisions and I think that you will agree that there are no easy answers to what constitutes "substantially gainful employment." Best advice: if you are in receipt of IU do not work.
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SS337
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Joined: 13 Feb 2012, 22:37

09 Apr 2015, 11:36 #31

I am graduated high school in 1964 and am a navy blue water vietnam veteran. A friend of mine graduated same high school in 1963 and is an army in country vietnam veteran. We are not candidates for IU. However, we have suggestions for changes to IU, based on personal experiences with veterans, and are drafting a letter to our US senator. We want the letter to be informal, from two constituents. If anyone has any suggestions for improvements to IU benefit, please PM me. Thank you.
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Joined: 19 Apr 2011, 17:58

09 Apr 2015, 13:50 #32

I agree with the last statement. If you are drawing IU definitely do not work. Even if your original job was a desk job or a relatively easy one, do not work, do not draw a W2 or 1099 because they wil get you and we all know how the government works. So even if you think you can partially Don't because they will catch you and the government as we all know dies not forget even if it was 45 years ago and they will make you pay one way or another
 
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Joined: 19 Apr 2011, 17:58

09 Apr 2015, 13:56 #33

Navy wife:
being 100% disabled and 100% IU is no difference in pay it is the same the only difference is that hubby may be at 80% because of his disabilities and the VA has decided that he can't work so they upped him to 100% because of that. Now that's not to say something will change either for the better or the worse I'm just saying that the pay is the same whether it's 100% IU or normal disabled a full 100%
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Joined: 19 Apr 2011, 17:58

09 Apr 2015, 14:07 #34

Blue water I am willing to comment but I don't want to rewrite what you wrote. Now in saying that I am going to presume that anyone that is at a percentage from the VA that they can't work, should also be on Social security disability as well. Now I am only at 100% IU no SMC, no dependents or anything, and I make almost 53000.00 a year. Now I don't know about anyone else on here. But that's good money( tax free of course)  if you need more than that then I don't know what to say to you. Yes we all could "use" more money. But the above is nothing to sneeze at. I guess if your paying alimony and child support ( which I don't see how myself) then maybe. But look at it this way, we all could be getting nothing
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Joined: 07 Nov 2012, 18:23

26 Jun 2015, 09:24 #35

i have a combined rating of 80% sc disabilities that stemed from my left knee, now having tkr of left knee. I haven't worked in three years, was denied tdiu and ssdi last year; but just a few weeks ago diagnosed with bone-on-bone left knee and advanced arthritis...will I get tdiu now permanently?
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Joined: 20 Aug 2015, 17:07

27 Aug 2015, 18:40 #36

I've been waiting on VA decision on granting me UI! It's been a long road and I have yet to see any progress on the matter. My clam has been in the PREPARATION FOR DECISION phase for almost 7 months. Yesterday I received a email stating, " This week, we reduced the disability claims backlog to 98,535 claims - an 84% reduction from its peak and a historic low." but my clam is stuck somewhere in that mess. The first 4 steps went the fastest i have ever seen! Then it hit a brick wall!!! I haven't even received a letter mail saying anything. Can someone please help me and give me some advise on what I should do?
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Joined: 06 Oct 2015, 14:25

06 Oct 2015, 16:32 #37

I only can speak about SSDI. If you make an investment and realize capital gains, it won't affect your benefits. If however you do day trading on a consistent basis and realize capital gains, the day trading can be interpreted as self employment. That is my understanding and opinion.

wwwJOFDAV.com
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Joined: 16 Oct 2015, 02:21

16 Oct 2015, 02:21 #38

Has your issue been resolved? I ,new to the site, but been doing alot of research when I realized to quite trusting anyone else to help with my claims. Have you called the 1800 to check on status? State and US Senator can also help expedite. Do you have a hardship filed? Good luck! Anyone feel free to contact with questions. No pro yet, but research with common sense and how to expect the exact opposite does help in some cases.
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Joined: 08 Dec 2015, 18:48

08 Dec 2015, 18:55 #39

I was granted Individual Unemployability 6 months ago but I have not received any official notification. My 70% disability compensation has not increased to 100% yet either. Nor have I received all my back pay yet. Is it normal for it to take this long. A DRO granted me Individual Unemployability way back in June 2015. I appreciate any advice and/or information regarding this matter. Thanks.
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Joined: 23 Jul 2015, 10:29

26 Dec 2015, 05:26 #40

Can someone tell me if this sounds normal?

I've been fighting to increase my total disability rating from 90% to 100%. They just granted me Individual Unemployability. However, they're keeping my rating 90% while paying me the 100% rate. Both my personal VA primary doctor and the VA's C&P examiner have stated that there is no chance of rehabilitation from my disabilities, so are they just looking for ways to deny me the full benefits that come with the 100% rating (e.g. dental, dependent medical, etc.)? My understanding has always been that the Unemployability aspect carries it to 100%. Even if it wasn't total and permanent, I could request a change of status...

Thanks!
Last edited by stacconid on 26 Dec 2015, 05:30, edited 1 time in total.
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