Tuesday, September 20, 2022

Can You Work On Va Unemployability

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What Information Is Required

Can You Work and Get VA Unemployability?
  • All medical records pertaining to the service-connected disabilities that have made you unable to work
  • Hospitalization and outpatient care records in the past year
  • The exact date or period when you became too disabled to work
  • Information on your work history during the last five years you were able to work
  • Any education and/or vocational training you have had.

You can apply through the VA website, in person at your local VA office, or with a legal representative.

To make sure your IU application is reviewed promptly and you have the best chance of success, you should provide clear, detailed, and consistent documentation and information. A VA representative is responsible for reviewing your case and approving individual unemployability, so the more clear and exact you can be, the easier it is for them to approve your claim.

The VA may not process your claim quickly. It can take several months to review your individual unemployability benefits application. However, if your IU claim is approved, you will qualify for retroactive benefits to the date you filed.

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A Lifetime Of Security

We are with you from day one when your parents named you, and when you named your children. Most parents apply for their childs Social Security number at birth, usually through the hospital. When the time comes for your childs first job, the number is already in place.

A fun bonus of assigning Social Security numbers at birth is that we know the most popular baby names, which we announce each year. On our website, you can find the top baby names for the last 100 years.

Tdiu Permanent And Total Benefits Eligibility

A veteran must meet certain eligibility requirements before they can receive TDIU permanent and total benefits:

1. Your inability to work must be caused by a service-connected condition or multiple service-connected conditions. That means you have already been awarded service connection because either:

2. Your service-connected disability or service-connected disabilities must prevent you from working a steady job that would allow you to support yourself, without considering any other disabilities which are not related to your active duty service.

  • This does not necessarily mean that you cannot work at all. Some veterans who receive TDIU permanent and total benefits work part-time at seasonal, odd, or flexible jobs. The VA may consider this type of work marginal employment. These jobs can accommodate your disability in ways that a typical, full-time employer cannot.

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How Much Can I Earn From Va Unemployability Benefits

The current rate of payment for VA unemployability ratings is as follows:

  • Single Veteran: $2,906.83 per month
  • Veteran with Spouse: $3,068.90
  • Veteran with Spouse and 1 Child: $3,187.60

Its easy to understand why a veteran might want to continue working, if possible, even if they are receiving benefits. Though these might seem like a substantial amount of money to some people, it can be extraordinarily difficult to make ends meet with this as your only income. Many veterans supplement their benefits with odd jobs or other ways of making money. This should not disqualify them from receiving benefits.

Many also enjoy the emotional satisfaction of continuing to work can bring. There are vets who continue to work despite receiving benefits and having support from others that helps them meet their basic needs and beyond.

Scheduler Ratings Vs Tdiu

Understanding Individual Unemployability Benefits

Before receiving a TDIU, veterans will receive a percentage scale known as the schedule of rating, or a scheduler rating for short. This scale determines the severity of ones disability, with the higher the percentage corresponding to a lesser likelihood they would be able to hold a job.

From there, the TDIU determines the veterans legal restrictions for working based on their scheduler rating. Even if you receive a scheduler rating of only 40 or 50 percent, if the condition is severe enough as to bar you from operating functionally in the workplace, then you may still be assigned a 100% TDIU rating.

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How Do I Know If I Qualify For The Post 9/11

Veterans qualify for the post 9/11-GI Bill if they:

  • Served on active duty for at least 90 days on or after September 11, 2001
  • Received a Purple Heart on or after September 11, 2001, and were honorably discharged
  • Served for at least 30 days on or after September 11, 2001, and were honorably discharged with a service-connected issue
  • Or a dependent child using benefits transferred by a qualifying member

Talk To Our Veterans Attorneys About Your Tdiu Claim

These are critical questions that the VA often gets wrong, and still there are many more to consider. We know the struggles that veterans face in their fight to obtain benefits, and claims for TDIU benefits can be especially difficult.

Our veterans attorneys have the resources and abilities to handle your TDIU claim with meticulous care and urgency. We can help protect you from reductions in benefits and assist with all Social Security Disability benefit matters. If VA owes you TDIU retroactive pay, or you need help appealing an unfair denial, we are your strongest ally.

For exceptional assistance obtaining TDIU ratings, quickly contact us for the legal help you deserve. We serve veterans across the United States.

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Appeal Tdiu Claim Denials From The Va

Unfortunately, too many veterans are denied their TDIU benefits. Each year, tens of thousands of veterans reach out to our individual unemployability benefit denial lawyers because the VA system wrongly denied their claims. First, know this, a large number of veterans win their TDIU benefits appeals with the right evidence and the right lawyer helping them through the complicated VA appeal process.

If you were recently denied TDIU benefits, you may have the option to appeal the Veteran Administrations initial decision. Veterans wishing to obtain TDIU benefits must appeal within one year of the date the decision was made. Veterans that have let their TDIU appeal period collapse do have the option to re-apply for VA benefits. That means that you will have to re-submit your initial application and start the process over from the beginning.

Our VA benefits appeals lawyers have helped thousands of veterans obtain the benefits they deserve. Dont be discouraged by a denial of your TDIU benefits. The VA regularly denies legitimate claims and many of those vets win their appeals.

In this video, veterans disability attorney Sarah Woods discusses the steps we take to appeal bad VA decisions:

Tdiu Permanent And Total

VA Individual Unemployability if you cant work

If your service-connected disabilities have progressed to the state that youre no longer able to work, you may be wondering how you will pay your bills. Fortunately, the VA offers special benefits to unemployable disabled veterans, including TDIU permanent and total benefits.

As veterans ourselves, we know how overwhelming it can be to deal with VA. As VA accredited lawyers, were ready to help our fellow servicemembers receive the benefits theyve earned. Contact us today to learn more.

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Can You Work And Collect Va Disability

Generally, VA disability benefits are awarded to veterans who havean illness or injury that was caused by or worsened during active militaryservice.

For many veterans who receive disability compensation, theirbenefits replace the income theyd be receiving from employment.

But is it possible to work and collect VA disability?

The short answer: in some cases. In this post, Tennessee veterans disabilityattorney Michael Hartup explains when you can work while receiving VAdisability benefits and when you cant.

If you need further help understanding your disability benefits, applying for VA disability, or appealing a claim, call The Law Offices of Michael Hartup at . You may also contact us by filling out an online form.

How Much Is Va Unemployability

VA Unemployability Requirements and Eligibility. If more than one disability exists,one disability is ratable at 40% or more with a combined rating of 70% or more.

  • VA Unemployability Income Limits.
  • FAQ: Individual Unemployability Income Limits.
  • Get Help From Woods& Woods VA Unemployability Lawyers.
  • How to get VA unemployability?

    File Application This is your initial application.

  • Receive Rating Decision The VA will process your application and make a decision at this point in the VA Individual Unemployability timeline.
  • File Appeal to BVA Veterans have one year from the date on their Rating Decision letter to begin their appeal.
  • How VA calculates compensation rates?

    The veteran is living with severe disabilities

  • The veteran has lost one or more limbs
  • The veteran has a spouse,children or dependent parents
  • The veteran has a spouse who is experiencing a serious disability.
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    What If My Va Individual Unemployability Benefits Claim Has Been Denied

    If your claim for Total Disability based on Individual Unemployability has been denied, you can appeal VAs decision. Keep in mind that veterans have one year to appeal a denied claim before the decision becomes final. If you choose to appeal, it may be helpful to seek assistance from an experienced VA individual unemployability attorney or accredited representative.

    Are Tdiu And Ssdi Connected

    â How To Apply For 100 Va Unemployability

    You might be awarded SSDI benefits before receiving TDIU benefits. This gives rise to a common misconception about TDIU and Social Security Disability that if you are awarded SSDI benefits, you automatically qualify for a TDIU rating.

    This is not true. Social Security Disability and Veterans Disability Compensation operate independently from one another. SSDI awards do not automatically prove entitlement to TDIU.

    Many claims that are awarded SSDI by the SSA are denied by the VA for TDIU and vice versa. This applies even when both claims are based on the same service-connected impairments.

    A Social Security Disability award, along with its supporting evidence, can certainly help demonstrate the strength of your TDIU claim. But SSDI is based on total disability you must be totally disabled before you can receive SSDI payouts.

    As a veteran, you are eligible for benefits if you are partially disabled. The VA rating system is based on percentages, where each SC condition has a percentage rating. These individual ratings are tallied using a complex formula to reach an overall VA disability rating.

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    Consult A Va Disability Lawyer For Help

    If youre uncertain whether your employment is consideredsubstantially gainful or marginal, or if your income exceeds the povertythreshold, speak to a VA disability lawyer.

    A skilled VA disability lawyer can help you understand yourdisability rating, your employment, and your eligibility. A lawyer can alsohelp you appeal adenied claim or changeyour rating if your condition worsens.

    The Law Offices of Michael Hartup represents VA disability clients throughout Tennessee. If you need assistance with a Veterans disability claim, schedule a free consultation by calling our office at . You may also contact us by liking and following our , or filling out an online form.

    Faq: Individual Unemployability Income Limits

    Can I receive IU benefits if Im working?Yes! But remember, the Individual Unemployability income limits require you to have marginal employment or accommodations at your job. However, we find that the VA denies IU claims where the veteran is working at a higher rate than non-working veterans.

    Can I get IU benefits if I do odd jobs?Yes! As long as you are working at or under the marginal level or have a sheltered job, you will be within the Individual Unemployability income limits.

    Will the VA consider my assets?The VA is not going to consider your assets. For example, suppose you have your house paid off, that is not going to affect your Individual Unemployability income limits. Individual Unemployability income limits are going to consider your current income that is coming into you.

    What if other people have been paying for my living expenses?A lot of veterans need help from their support system of family and friends when applying for IU benefits. That assistance is not going to be considered income for purposes of the Individual Unemployability income limits. For example, if you are a veteran who is receiving money for rent and utilities from a family member or friend, that is not considered in your Individual Unemployability income limits.

    Learn More: Calculate your rating with our VA Disability Benefits Rating Calculator

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    Can Tdiu Become Permanent

    Yes, an individual unemployability rating that is not initially deemed permanent by the VA can become permanent in the future. Veterans do not need to complete VAF 20-4140 if they have been in receipt of a TDIU evaluation for 20 or more consecutive years. Once you meet these criteria you are no longer required to submit VAF 21-4140, making your benefits permanent.

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    How Individual Unemployability Benefits Lawyers Help

    VA Individual Unemployability (TDIU) and Working

    If you hire Woods & Woods individual unemployability lawyers, you get our decades of experience and knowledge working for you. Our VA-certified disability attorneys work with doctors, psychologists, and vocational experts to prove you cant work because of your disabilities. We know the VA system. If you have questions, give us a call. There is never a charge to call and ask questions. Woods & Woods is here to help.

    Woods & Woods veterans disability lawyers help veterans with their VA unemployability claims. If you cant work and youre a veteran, you might be entitled to TDIU benefits. Our law firm has been dedicated to helping injured and disabled people since 1985. Our TDIU benefits disability lawyers only charge if we win your benefits. The skilled and knowledgeable veterans disability benefits lawyers at Woods & Woods, know TDIU benefits law well. We fight to get clients the compensation they deserve from the Veterans Administration.

    Not sure what to do to get your TDIU benefits? Talk to our veterans unemployability lawyers. For free, we will give you a VA claim evaluation. We want you to understand your rights as a veteran. If you cant work from service-connected mental and physical disabilities, you deserve TDIU benefits. This isnt a government handout, you earned these benefits when you honorably served our country.

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    Examples Of Veterans Who Could Pursue Tdiu Vs 100% Disability

    Example 1: Rated 70 percent for PTSD

    If youre rated 70 percent for PTSD, you meet the criteria of one disability rated 60 percent or higher. Youll be approved for TDIU if you cant hold gainful employment.

    Example 2: Rated 30 percent for right knee, 30 percent for right ankle, 20 percent for the right foot, 30 percent for asthma

    The knee, ankle, and foot ratings combine to give you a 61 percent one condition rating which meets the requirement that one condition is rated at 40 percent or higher. Your combined rating example, youll be approved for TDIU if you cant hold gainful employment.

    We cover the VAs definition of substantially gainful employment later in this article. But first, in case you dont meet the above rating requirements, lets explain extra-schedular TDIU.

    How To Qualify For The Individual Unemployability Benefit

    To be eligible for the IU benefit you must be unable to maintain substantially gainful employment as a result of service-connected disabilities , and:

    • You must have at least one service connected disability rated at least at 60%, OR
    • You must have two or more service connected disabilities with at least one disability rated at 40% or more and having all your disabilities combined to give you a rating of 70% or more

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    Disability Ratings In 2018 And How To Get Rated At 100%

    Basic Criteria for Veterans Disability Benefits

    • You must have been diagnosed with a medical condition that is either physical or mental, andyour service in the military must be what caused that. The official verbiage that is used is service-connected disability. Your service-connected disability will be rated by the VA depending on the proof you provide and the severity of your disability.

    Obtaining a 100% Disability Rating

    As of 2018, there are only two methods to obtain a 100% rating from the VA. Those two methods are as follows:

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    How Do I Receive Tdiu

    If I work and receive TDIU, are there any VA unemployability income limits?

    To receive TDIU benefits, the veteran must apply for disability compensation and fill out two additional forms:

    • Veterans Application for Increased Compensation Based on Unemployability
    • Request for Employment Information in Connection with Claim for Disability Benefits

    You have to provide medical evidence in support of your disability benefits application. That evidence may include doctors notes, medical test results, and other documentation. The VA will also review your work and educational background. This evidence is used to determine whether you are able to hold down any sort of gainful employment.

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    Am I Eligible For Disability Benefits From Va

    You may be eligible for disability benefits if you meet both of these requirements.

    Both of these must be true:

    • You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or moreand
    • You cant hold down a steady job that supports you financially because of your service-connected disability. Odd jobs dont count.

    Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating.

    What Is A Tdiu Rating And What Are The Requirements

    As described in the above, in simplest terms, a TDIU rating pays 100 percent compensation, can be awarded on a P& T basis, and the only true requirement is that a veterans service-connected impairment preclude his or her ability to work. While it truly is this simple from a 30,000-foot perspective, the VAs regulations set forth a sort of roadmap by which to adjudicate claims for individual unemployability. When evaluating an unemployability claim, the VA will first determine whether the veterans service-connected impairments meet the schedular requirements of 38 CFR 4.16, which means that the veterans claim can be adjudicated by any decision-maker at any of VAs fifty-six Regional Offices . If the veterans service-connected impairments do not meet the schedular requirements of 38 CFR 4.16, then the VA should adjudicate the claim under 38 CFR 4.16, which requires that the veterans IU claim be referred to the Director, Compensation Service, for extra-schedular consideration.

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