Does a Protected Work Environment Affect TDIU VA Disability Benefits?
Many veterans ask how does a protected work environment affect TDIU VA disability benefits? In the Veterans Administration benefit context, applicants can be working and still be unemployable, according to the Code of Federal Regulations. Many disabled Veterans only work a few hours a week in a rather low-intensity job, like a school crossing guard. These positions typically do not pay enough, especially in limited hours, to qualify as “substantial gainful employment.”
There is another exception, as well. Some Veterans work in places where, formally or informally, bosses or supervisors look the other way if the Veteran cannot work a full 40 hours. These situations are called sheltered or protected employment. Typically, if they worked in other places that did not provide such accommodations, the Veterans would not last very long.
The stakes are high. Total Disability due to Individual Unemployability (TDIU) benefits may exceed $3,000 per month. Continued employment in a sheltered or non-substantial environment generally does not affect these ongoing benefits.
Examples of a Sheltered or Protected Environment
A family-owned business is a classic example of a sheltered employment environment. It is no secret that family members often receive preferential treatment in these situations. Some government jobs, such as postal or court clerks, are much the same. A person makes a large donation to a successful campaign and casually mentions that a friend or family member needs a job.
Other times, the arrangement is informal. Perhaps a shift manager or other supervisor is a Veteran, as well. So, the authority figure looks the other way when a 15-minute break becomes a 30-minute break or when another worker must shoulder more of the load.
There is nothing inherently wrong with these arrangements. Most disabled Veterans are extremely hard workers–when they are able. So, many employers reason that although the Veteran may have only worked 36 hours in a week, the Veteran got 40 hours worth of work done during that time period.
These situations do not affect VA TDIU applications because they are temporary. At any time, management or ownership could change. Furthermore, working in such environments does not accurately reflect the Veteran’s unemployability.
Establishing a Claim for Benefits
TDIU benefits applications must establish both a threshold medical condition and individual unemployability. If a disability appeals attorney does both these things, there is a good chance the Veteran will obtain maximum benefits.
Veterans are eligible for TDIU benefits if they have a single condition which is at least 60% disabling. Alternatively, the Veteran could have two or more conditions which amount to a 70% disability, as long as one condition is at least 40% disabling.
Medical evidence from a qualified doctor is essential. Note that the doctor who performs the C&P exam may not be qualified to assess certain kinds of disabilities. Lay testimony from friends and family members that supplement the medical record (e.g. “Jerome can only mow the lawn for thirty minutes before taking a long break”) may be useful as well.
Next, as outlined above, the Veteran must establish individual unemployability. Lay testimony is useful here, as well. Additionally, many VA disability attorneys partner with vocational experts. These professionals testify about the overall work environment and, more importantly, show that the Veteran could not work in this environment.
Connect with Aggressive Lawyers
Many disabled Veterans are only capable of marginal employment, and this status does not derail their TDIU claims. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.
