I am curious and wondering what the deal is with finding out about whether what my 'rep' is telling me is true. I was on %100 disability with an 'IU' rating. I was told by this 'rep' that if I work - I would have to let them know; of course - that was made abundantly clear from the beginning; but he said that I could work for one year before I would have my rating changed back to my scheduler without any overpayment to deal with.

I got a job that I thought I could do (and did) that I was physically capable of even with my disability.

Because I am honest (which is what the military taught me..) I immediately told them that I was working exactly when I started.

I have now been informed that they are looking at the overpayment going back for the whole year that I thought I was not going to get back billed for...

If this makes any sense to anyone - please let me know.
I am wondering if I have recieved 'bunk' info and how can I 'verify'?

quote:

Originally posted by 12544501:
I am curious and wondering what the deal is with finding out about whether what my 'rep' is telling me is true. I was on %100 disability with an 'IU' rating. I was told by this 'rep' that if I work - I would have to let them know; of course - that was made abundantly clear from the beginning; but he said that I could work for one year before I would have my rating changed back to my scheduler without any overpayment to deal with.

I got a job that I thought I could do (and did) that I was physically capable of even with my disability.

Because I am honest (which is what the military taught me..) I immediately told them that I was working exactly when I started.

I have now been informed that they are looking at the overpayment going back for the whole year that I thought I was not going to get back billed for...

If this makes any sense to anyone - please let me know.
I am wondering if I have recieved 'bunk' info and how can I 'verify'?

You're already 100% IU but still worked. All of us who are disabled are honest but more important, we take heed of a gov't rep, VSO or a friend/kin's advice as being TRUE. In my opinion, you are between a rock and hard place?

I think it is also described as "up the creek without a paddle"

In my opinion, what you did, although honorable will definitely be scrutinized. The C&P doctor who examined you probably will get his *** reamed for not diagnosing you right. But MOST importantly, and again this just an opinion, the VA will be that much more aware and cautious of other veterans who really can't work making claims like yours. All I can say, this is VERY unfortunate for them!

You can read a lot of this in past post in the “Sticky” up top. But I will tell you how it was explain to me by two VSO and a direct call to the VA. If you are IU you can work to a small degree. The amount of money that you can make is debated but it’s around $800.00 a month or so and no more. Ok how do they know what you make and why where you told you could work for a year? Because the VA will cross check people that are IU with the IRS and a W-2 at the end of each year. Now again as I was told, even if you worked under the “LEGAL” amount allowed, you are taking a risk that some paper pusher or someone not up on the rules will flag you for working and pull your UI, AND make you pay it back . Why is this? Because you where paid extra to not work, and you worked. IF you can find what the “Legal” amount of income you can earn while IU is, that would be part of thee battle. The next step is to spend how ever many years it takes, proving you where right and they where wrong. Because of that, I was “advised” by the two VSO not to work AT ALL or I was gambling with my IU. When I did call the VA, the person said I was OK to work and not too worried about it, however he also said very few VA workers know this. On a side note, I think the type of work you did might come into question regardless of the amount made. If you sold key chains on E-bay that might not get looked at as much as say a Welder at a ship yard.

We have discussed this many times on topics long since deleted. Again we start all over. If a veteran is IU, it means the veteran is an individual who is unemployable. However it is often interpreted to mean meaningful employment. That would most often be at, or less than the non-service connect pension would pay. There is great risk when you are deemed totally disabled and go to work.
In 1988 one of my clients was on SSD and VA's IU. He decided he needed more money, so he got a part time job. Bad move, he lost SSD and IU. He ended up back to 60%.
So for what it is worth here are some links:
Individual Unemployability (IU).
http://forums.military.com/eve/forums/a/tpc/f/3291921412/m/7130001860001/p/1

Scheduled 100% and working http://forums.military.com/eve/forums/a/tpc/f/3291921412/m/7130001860001

Difference in ratings from state to state http://forums.military.com/eve/forums/a/tpc/f/4230026980001/m/8290093161001

quote:

Originally posted by DaveBarker:
There is great risk when you are deemed totally disabled and go to work.
In 1988 one of my clients was on SSD and VA's IU. He decided he needed more money, so he got a part time job. Bad move, he lost SSD and IU. He ended up back to 60%.

Just to add a side note to what Mr. Dave said. I too get bored doing nothing so one day I ask my shrink if I could do volunteer work at the VA. He adamantly said NO! But doc, I'll be working for free. He said, NO. Are you really suicidal to risk your disability compensation? The gov't will say, you are able to work and therefore, employable. Since then, I never ever pondered the thought again...

With PTSD there is another issue. That is that if you can do certain thing you no longer meet the specification for the level of disability. That is why the doctor warned you. All psychological disabilities would have this issue.

quote:

Originally posted by Dave_M:
With PTSD there is another issue. That is that if you can do certain thing you no longer meet the specification for the level of disability. That is why the doctor warned you. All psychological disabilities would have this issue.

You know Dave, they're so many regulations it surely makes my head spin. But you're right, PTSD has its on set of rules. I wonder if making money off EBAY considered "employable?"

Put the business in your wife's name.

quote:

Originally posted by Dave_M:
Put the business in your wife's name.

Something as simple and innocuous as this also has its consequences. Anyway, good advice. Thanks Dave!

I understand, but it is a small Self proprietor. You could create an LLC is you are serious. That will take some forms and filing with the state.

I work for my clients, not the government. However if you are able to work and earn a living, you need to realize that is much healthier than simply sitting. Also if a person is able to function in a worklike setting, according to their medical provider, they are not totally disabled and should go to work. If their medical provider advises them they are unable to function in a worklike situation, the person should pay attention to the provider who has the education and experience to make diagnosis, thus give respected opinion.
I suppose the post I made above was not read, so I will repeat it: "We have discussed this many times on topics long since deleted. Again we start all over. If a veteran is IU, it means the veteran is an individual who is unemployable. However it is often interpreted to mean meaningful employment. That would most often be at, or less than the non-service connect pension would pay. There is great risk when you are deemed totally disabled and go to work.
In 1988 one of my clients was on SSD and VA's IU. He decided he needed more money, so he got a part time job. Bad move, he lost SSD and IU. He ended up back to 60%.
So for what it is worth here are some links:
Individual Unemployability (IU).
http://forums.military.com/eve/forums/a/tpc/f/3291921412/m/7130001860001/p/1

Scheduled 100% and working http://forums.military.com/eve/forums/a/tpc/f/3291921412/m/7130001860001

Difference in ratings from state to state http://forums.military.com/eve/forums/a/tpc/f/4230026980001/m/8290093161001
end quote."

Lastly and most important. One of my clients rated 70% for PTSD is denied IU because he is a greeter at Church. The rating specialist has deemed that because of the church activity he is employable. We are in appeal and the case was remanded. The rating specialist still will not give up the IU. So again we will be going before the VLJ reviewing the regs and their interpretation.

quote:

interpretation.

The key word. The final word is interpretation not ours, but the rating speciaslists interpretation.

quote:

Originally posted by DaveBarker:

quote:

interpretation.

The key word. The final word is interpretation not ours, but the rating speciaslists interpretation.

Even doing a very simple task as volunteer work at the VA with no pay will be scruitinized if you have an IU rating. As usual Dave, you are true to form with your knowledge.

When I read these sorts of things I have to cringe. A rep tells a vet on IU that he has to tell the VA of his job? Under what section of Title 38 or Heaven does such a provision exist?

And as to the vet who's a church greeter? How did the VA even garner such information? By some ruse of a vet's honesty?

The system is adversarial. Vets under protection of law need give up nothing. In civil tort you have to depose people. And cross examine them in court. Sometimes repeatedly. And even then you may not learn a thing. Because the smart one's know when to keep quiet.

And never under the guise of "honesty" should a vet be led to his demise at the hands of the VA! You wouldn't give up secrets to the Taliban now would you? So you don't give up secrets to the VA! Understand? It's an adversarial system!

So who is this rep anyway? Because he needs to be severely reprimanded! Honest to God! He should be sued for negligence!

Because here's what the law says about TDIU employment at 38 CFR 4.16 in part:

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.

Marginal employment may also be held to exist, on a facts found basis (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.

See? So aside from a properly filled out 21-8940, there's nothing in Title 38 about vets disclosing their work habits. So for the sake of prudency - keep your mouth shut. And don't earn too much unless your working for your dad.

I saw the CAVC recently released some guidelines at TDIU. I don't recall where I saw them. But they are who interpret Title 38. Those seven who wear a robe. Thank God. Not some GS-9 pencil pusher in a suit and tie.

Best wishes!

Question????

Would it be possible to be 80% disability, IU and also get CSRC ?

And also still be able to recieve my SSDI?

SSgt65

Hi Ron, I had to look at your profile to realize who I was communicating with. SSDI is separate from the others so if you are rated and disabled via their Blue Book standards, you should not have to worry.

CSRC is determined by your branch of the military, the AF. Have you applied for CRSC or CDRP yet?

quote:

Originally posted by Dave_M:
Hi Ron, I had to look at your profile to realize who I was communicating with. SSDI is separate from the others so if you are rated and disabled via their Blue Book standards, you should not have to worry.

CSRC is determined by your branch of the military, the AF. Have you applied for CRSC or CDRP yet?

I'm in the process of gathering all documentation to send to them.. I have the most updated form from them. (chapter61),,

And I'm on the waiting stage from VA to see if i Get IU..,,, ?

Souns like another case of legal idiocy, in which justice has no place, and dumb interpretation holds sway through morons with authority, similar to some fo the stupid rules I've met in other places.

Such as noncommercial pilots flying a couple of friends somewhere. Years ago it was ok if the friends paid for the fuel (sort of like carpooling and filling the tank). This was never felt to be in violation of the rule that a non commercial pilot acanot be paid to ferry passengers. Then interpretation changed to such a ridiculous point that even after splitting the fuel, tie down, and plane rental fees equally between all souls on board (meaning the pilot contributed MORE as he or she flew the thing too, of course) if anyone bought the pilot one lousy cup of coffee it was lose cert to fly and pay a giant fine time.

I guess if I were 100%, paid to publish 100 books of my own poetry, and had one friend buy 20 copies at cost, I'd be in the soup with the VA. Support the troops...yeah, right.