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
Sheltered Employment And Va Unemployability Benefits
In its effort to be sympathetic toward veterans, the government realizes that family members or friends might engage a veteran in employment that accommodates his or her service-connected disabilities. For example, a family friend might hire a veteran to assist with the payroll in his company, allowing the veteran to work in a separate office, away from other coworkers, so as not to exacerbate his PTSD. As another example, the employer might allow the veteran to take as much time off as needed when he has attacks of a migraine headache.
The important thing to remember is that, in the VAs definition of sheltered employment, there is no monetary cap on how much a veteran can earn if he or she is employed in a sheltered environment. Therefore, a veteran can be making aboveeven significantly beyondthe poverty level and still be eligible for IU while only working odd jobs or other sheltered jobs. While this might not seem exactly fair, it must be remembered that these vets are being accommodated, and they would not be able to function as effectively in a competitive environment.
If you do decide to go back to work, and the RO denies your VA disability claim for IU, do not be disheartened. The regional offices often deny IU claims for even the very best of cases. Your best course of action is to appeal that decision. We have found that the Board of Veterans Appeals renders more favorable decisions in Individual Unemployability cases.
Va Claims For Disabled Veterans Va Unemployability
If a veteran is working and also filing a disability claim for total disability individual unemployability by filling out VA form 21-8940, the VA will look at the veterans earnings from the work. Specifically, the VA is looking to see if the veteran is maintaining substantial gainful employment. The VA defines gainful employment as any earnings from work that are above the annual poverty level as determined by the Census Bureau. This means that by definition, work below the poverty threshold is not considered to be gainful employment. In fact, the VA defines work below the poverty threshold as marginal employment. The VA regulation further provides that even if annual income exceeds the poverty threshold, if the veteran is working in a sheltered environment or for a family business, he or she may still have eligibility for IU benefits. Now, lets look at each of these situations individually.
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Va Requirements For Extra
If you dont qualify for schedular TDIU based on your VA rating, you could still be eligible for TDIU under a catch-all provision: extra-schedular TDIU.
Extra-schedular TDIU is designed to compensate you at the 100 percent level even when you arent rated at the minimum rating requirements
In other words, this type of rating is designed to allow you this rating when the standard VA disability rating schedule doesnt capture the degree to which your disability impacts your ability to function, work, and live a normal life.
Extra-schedular TDIU is harder to qualify for. You must prove that your service-connected disability prevents you from holding a job that supports you above federal poverty levels, even though your rating doesnt meet the minimums above.
Regardless of what type of TDIU youre seeking, the critical piece is that youre unable to maintain substantially gainful employment with earnings above the federal poverty level. Below we cover when and how much you can work and still be eligible for TDIU.
Total Disability Individual Unemployability Overview
Total Disability Individual Unemployability benefits are available to veterans who cannot work due to their service-connected condition. VA refers to this as the inability to maintain substantially gainful employment. TDIU is one of several special claims benefits that the VA offers to disabled veterans.
Veterans may receive TDIU benefits on a temporary basis or indefinitely. When a veteran cannot return to any type of gainful employment, they may qualify for TDIU with permanent and total benefits.
Some veterans receive TDIU for a limited period of time. They may be temporarily unable to work but then recover and return to work.
However, many veterans will qualify for TDIU permanent and total benefits. Their service-connected disability prevents them from maintaining substantially gainful employment, which the VA defines as a steady job that can financially support them with an income above the federal poverty level.
Veterans who receive TDIU permanent and total benefits may still be able to work odd jobs, or certain part-time employment, without losing their compensation. However, its important to remember that VA will review all work attempts and annual compensation, and a veteran can still lose eligibility for TDIU even when VA has previously awarded permanent and total status.
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Based On Income Year 2021
Veteran with: VA Pension with Aid and Attendance Threshold VA Pension Threshold Medical Expense Deductible Child Earned Income Exclusion: $12,950
For certain Veterans the VA National Income Threshold and/or net worth, is used to determine eligibility for Priority Group 5 assignment and cost-free VA health care. Applicable VA pension income thresholds are used to determine eligibility for cost-free medications and/or beneficiary travel benefits.
For Geographic-Based financial assessment information refer to
Note: Unreimbursed Medical expenses may be deducted from your total gross household income. Unreimbursed medical expenses include: travel expenses, cost of a long term care institution or assisted living, health related insurance premiums , diabetic supplies, private caregivers, incontinence supplies, prescriptions and dialysis not covered by any other health plan. Only the portion of the unreimbursed medical expenses that exceed 5% of the basic pension may be deducted .
Additional information is available at
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.
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Contact Our Office For Help
If youve been denied TDIU benefits, contact the office of Sean Kendall, Attorney-at-Law, to request a free, no-obligation initial consultation. Our experienced Veterans benefits attorneys can guide you through the appeals process and help you access the benefits you need to provide for yourself and your loved ones.
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Tdiu Is Not Social Security Disability
It is easy to equate the VAs version of total disability with the Social Security Administrations version. The important thing to remember is that veterans claims and TDIU veterans benefits are not structured in the same way as Social Security Disability . In many ways, the requirements to obtain IU benefits are more lenient than those of Social Security. In order to qualify for SSD, you must be found to be completely unable to work, under any conditions or circumstances. Typically, this finding is backed by the opinion of a vocational expert and/or a medical professional.
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The Va Disability Rating Percentage Scale
Disability ratings and pay are scaled by percentages. One veteran may be listed as 10% disabled, while another one is rated at 100%, depending on the conditions and circumstances. But high percentages do not necessarily mean a veterans disability percentage impacts their ability to work or perform self-care.
The VA may assign a percentage to a single condition, or a disability rating might be made up of smaller percentages assigned to multiple conditions.
If one type of injury results in a 60% disability rating, and another injury results in a 25% rating, the VA would recognize the veterans total percentage of disability at 70% .
Thats because the second disability rating is calculated by how much it affects the veterans non-disability percentage. To the VA, a veteran with a 60% disability has a 40% ability percentage. The combined percentage rating is calculated by the effect the new 25% disability rating has on the 40% ability percentage. One-fourth of 40% is 10%. So the veterans combined disability score is 70% instead of 95%.
How Does The Va Determine Marginal Employment For Tdiu
Total Disability for Individual Unemployability, or TDIU, is an alternate route to getting the same veterans disability compensation as someone who has received a 100 percent disability rating. TDIU gives you these same amount of benefits even if you have a lower disability rating. The key is proving that you are unemployable under the VAs definition. Its not obvious but you may still qualify for TDIU even if you have a job.
TDIU is a complex area of veterans benefits law, and sometimes even VA staff get the law wrong when deciding whether to award these benefits. If you believe that you have been wrongly denied access to TDIU, veterans disability compensation lawyer can help. At Jackson & MacNichol, we can review the evidence in your case and file an appeal on your behalf to get you the benefits that you deserve. Call us today at 1 492-2941 for a free consultation about appealing an unfavorable TDIU decision.
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How Much Does The Va Pay For Tdiu
The amount of money you will receive from the VA for a Total Disability Individual Unemployability rating depends on how many dependents you have. For a single veteran with no dependent in 2022, they receive $3,332.06 per month. Thats the same amount a veteran with a 100% schedular disability rating receives.
If you are married with children, each additional dependent will increase your payment by hundreds of dollars a month. Check out our VA compensation rates page here!
What If My Job Provides Special Accommodations So I Can Work
There are instances in which veterans are able to work only because their jobs provide them with special accommodation. This is known as the sheltered employment and many vets qualify for benefits under these circumstances.
However, not everyone who receives special accommodations will qualify for VA unemployability benefits. There have been instances in which a vet was charged with criminal fraud because they were receiving benefits while working at a job they thought was considered sheltered employment.
Though its unlikely youll go to jail for this, facing legal action can make life difficult and be an unnecessary expense. Youre better off consulting someone who has experience with VA benefits before applying and accepting income to avoid any problems if you are earning income above the poverty threshold and want to know if it is or is not considered sheltered employment.
If you are told you do not qualify for VA benefits because you are already working at a job and that job provides accommodation or you received benefits and you are concerned, it could pose a problem in the future, consider the following:
Would your employer modify your position if you were replaced by another employee and the accommodation you received related to work duties, the environment, or your schedule would not be provided to that employee?
Would your employer provide the same benefits to a future employee that has a situation similar to yours?
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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:
- You developed an illness or injury during your military service or
- A pre-existing illness or injury worsened during your military service
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.
Four Ways A Va Disability Lawyer Can Help
At VetLaw, our VA disability lawyers are all accredited and can help you secure the benefits you may qualify for by:
Total Disability Individual Unemployability and Social Security Disability Insurance are separate programs with different eligibility requirements. Its possible that you could receive both types of compensation. However, receiving TDIU doesnt automatically qualify you for SSDI. You have to submit a separate application for SSDI.
No. Veterans with physical and/or mental disabilities may be eligible for TDIU permanent and total benefits. The requirements are the same for both types of disabilities in that you must have a service-connected condition or multiple service-connected conditions that prevent you from obtaining and maintaining substantially gainful employment.
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Does Working Prevent Me From Receiving Va Tdiu Benefits
TDIU benefits qualify veterans for a 100 percent rating. It is very difficult to reach a 100 percent rating without TDIU. A 100 percent rating provides a large increase in the monthly disability benefit compared to a 90 percent or lower rating.
But, can you get a 100 percent TDIU rating if you are still working? Since TDIU focuses on unemployability, you might think that you could not.
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With a mySocial Security account, you can estimate your future benefits at different ages when you may want to start receiving benefits.
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When Can I Legally Work With A 100% Va Disability Rating
A veteran may legally work even with a 100% VA disability rating on the schedule of ratings, either as a combined percentage or as the result of a single medical issue.
However, if the veteran is listed by the VA as being 100% unable to work under the total disability/individual unemployability rating, the veteran is not permitted to have substantial gainful employment. This is listed in the Code of Federal Regulations, but there is no comprehensive list describing what is considered substantial gainful employment.
Instead, the Code of Federal Regulations defines what it does not consider to be a violation of these rules, something called marginal employment. This is defined as follows:
Theres more. So-called marginal employment may also include employment in a protected environment such as a family business or sheltered workshopwhen earned annual income exceeds the poverty threshold.
The Difference Between Tdiu Permanent And Total And A 100 Percent Disability Rating
At first glance, it may seem like the qualifications for schedular TDIU benefits are the same as a 100% disability rating. However, this is not the case. The goal of TDIU permanent and total benefits is to compensate veterans with a lower rating at the same level as veterans who receive 100% disability payments.
To qualify for schedular TDIU benefits, one of the following must be true:
- You have one service-connected disability rated at 60% or higher or
- You have two or more service-connected disabilities, with One disability rated at least 40%, and A combined disability rating of 70% or more
In special cases, if you have a disability rating lower than the above requirements but your service-connected disability or disabilities still prevent you from maintaining substantially gainful employment, you may be approved for TDIU permanent and total benefits on an extraschedular basis. These cases are exceptional in nature and require special review by the Director of Compensation Service. However, its important to keep in mind that if the Director of Compensation Service denies extraschedular TDIU, the Board of Veterans Appeals can overturn that decision on appeal.
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