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Q379: I am currently receiving 100% TDIU and just got a job last September. My job is working at a dual diagnosis impatient rehab facility and I suffer from severe PTSD and alcohol abuse past. I work with Veterans and first responders only in my job. My boss does know about all this and accommodates as needed. Will I still be able to stay with that 100%? I called the benefits hotline but they sounded unsure.
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A1: I am a DAV service officer and I would not recommend it. At over three thousand dollars a month you must not be that bad. The VA may also take away your rating. Go right ahead if you're looking for trouble. (RR) 3/22/20
A2: You are UNEMPLOYABLE that is 100% Disabled are you not aware of this, this must have been CERTIFIED, good luck with the penalties if you keep working. (HG) 3/22/20
A3: If you are a 100% unemployability you can not work if you and a 100% disability for anything else you can but use common sense. (PM) 3/22/20
A4: You will only be able to work up the federal mandated minimum
Which depends on where you live. Most folks (Vet's) just say don't
I wouldn't work more than $7,000 a yea myself to be safe. Or less $37,000 a year plus SS or SSDI is pretty good and you don't want to jeopardize that . Because if you do. They can drop you down to your actual disability. (RE) 3/22/20
A5: Total Disability Based on Individual Unemployability (TDIU) is a A benefit that allows veterans to receive benefits at the 100% rate if their service-connected disabilities prevent them from obtaining and maintaining substantially gainful employment. TDIU rating can be taken away, but only if the VA determines that the veteran is able to maintain sustained gainful employment. (AM) 3/22/20
A6: Unless u are at 100% for one condition u cannot work. (WN) 3/22/20
A7: From the way I u understand the rule, if you can not have a gainfully employment and your job can not accommodate your disability then you can get TDIU. You said your employer makes accommodation for your job. So actually depending on how much you make will determine so, cause now you have to look at the poverty level and they calculate all that. (MA) 3/22/20
A8: If you receive Disability Compensation rated at 100 percent service-connected, you can earn up to $10K/year. If you go above this, you stand to lose all your VAa benefits. (LM) 3/22/20
A9: If you were 100% without the TDIU, then the answer is yes. With TDIU, NO. They say, you are allowed a "none meaningful job".
That answer is too vague to chance. The VBA is no longer sending post cards, asking if you are employed. All TDIU's are registered with the IRS and will be reported to VBA if any 1099 or W2's are received.
Hope this helps. (LE) 3/22/20
A10: No. You will lose the benefit because that's a full time job. You are 1oo% tdiu. (LM) 3/22/20
A11: If you are rated at 100% UI the VA has a regulation that says you can work up to 11 months of the year...you cannot even work one day of the 12th month consecutive or you can lose your rating...after you turn either 65 or 66...not sure which...and want to continue working you can...cause at that age you are moved to a permanent rating of 100% permanent...I am 70 yrs old and totally retired but that's what happened in quite a few cases I personally know about. (KS) 3/22/20
A12: This is a problematic question and difficult but is yes and no. I debated over yrs with some VA rep was told a fine line what you can phrase limited income and below proverty guilde line. First, proverty guilde line you can from US Labor define as something around figure of income less than $25k or $36k. VA factor benefit minus $25k e.g. meaning $10k more or less as amount you can earned in year (limited income or part time work), and that does include if you get social security get more complicated in the equation. I been that told VA can reduce the benefit but here the kicker if received benefit for 20 yrs that a protected benefit, Meaning if proved a protected benefit the VA cannot reduce benefit thus able to work and not legal advise I would say work full time. There also the flip side and that is social security I was told from ss that being past 66 can work whatever pt or full time. This is a dilemma when receiving two benefit that collide that have to make a tough choice to work or not opt forego the benefit your receiving. From the VA counsel I was told work based upon a limited income not over more or less (e.g. $12oo times 12 months= $14440 yr plus VA over $50k yr), more financial handicap or caught up in a catch 22. I worked medical claims for 5yrs with patients grapple with such question to worked 2 jobs and as well a part-time. Flip side is handled medical insurance claims so grapple these kind of circumstances give you some in depth to these kind of problems. I want to work but it have to be part-time as stated example above. Its a fine line safe than sorry not worth losing hard earned benefits Vets paid the price. Why Vets have to give more when we gave all. (FL) 3/22/20
A13: I also have PTSD but I could never hold a job. but yes you can work a full time job only if your rated total and permanent at 100%, any other rating they will cut benefits. (TO) 3/22/20
A14: You can work there part time but not full time. Otherwise, why
are you rated 100 per cent You can also decline the VA compensation and state you are working. Also, can ask for a decrease in your rating because you have improved. These are all possibilities. (RS) 3/22/20
A15: How long have you been 100%? I'm 100% Service-Connected Permanent and Total. But, when I was 100% in the late 1980's I worked and I did keep my 100% disability rating. But, you have to keep the VA informed about you working etc. Let me know how it goes. my email is above. (RP) 3/22/20
A16: You must also be rated P&T ( permanent and total ). Not just TDIU ( total disability individual unemployability ). Of course even this could change at any time. (JS) 3/24/20