Can Veterans Work and Receive 100% TDIU Disability?
Total Disability Individual Unemployability (TDIU) represents a 100% disability rating for veterans who cannot maintain substantially gainful employment due to a service-connected disability. This is a different disability rating than a standard 100% scheduler rating based on medical evaluations for service-connected medical conditions and the severity of symptoms. With TDIU, many veterans still have questions, and many want to know — can veterans work and receive 100% TDIU disability? We have the answers at VA Benefits Attorneys.
Important Work Rules for Veterans with 100% TDIU Disability
Veterans that cannot work because of a service-connected injury, illness, or medical condition may be eligible for TDIU disability benefits. The key phrase in the definition of Total Disability Individual Unemployability is — substantially gainful employment — which is typically defined as a full-time job that earns more than the federal poverty level. Veterans with a TDIU rating are technically not allowed to continue working.
However — there are exceptions to the rule and veterans with a 100% TDIU rating may still continue to work, if that work meets specific requirements and thresholds.
1. Cannot Be Substantially Gainful Employment
A veteran can continue to work and receive TDIU benefits if that work is not defined as substantially gainful employment. This typically excludes full-time jobs, and even full-time jobs with lower pay may raise red flags with the U.S. Department of Veterans Affairs if the pay is close to the poverty line as defined by the U.S. Census Bureau.
2. Can Work Part-Time Below Poverty Line Thresholds
Veterans with a 100% TDIU rating can continue to work part-time jobs and receive compensation if the pay level remains below the poverty line. Part-time jobs that push veterans above the poverty line would represent gainful employment and a violation of TDIU benefits criteria.
3. Can Work in Protected Environments
Veterans who receive TDIU benefits can continue to work in protected environments. A protected environment is defined as an environment that makes significant accommodations for veterans with service-connected disabilities that still allow them to be able to work — but not at the same level as other employees.
Can Veterans Lose Their TDIU Benefits by Working?
Yes. Veterans who receive TDIU benefits may risk losing them by working or earning too much money. If the Department of Veterans Affairs finds that a veteran with a 100% TDIU rating is maintaining a standard, full-time job that pays above the poverty level, the veteran can have their compensation reduced or terminated.
READ MORE: What Is the 70/40 Rule for TDIU Benefits?
Veterans have a lot of questions surrounding their disability benefits that include — can veterans work and receive 100% TDIU disability? We hope that this overview of TDIU benefits and work rules created by VA Benefits Attorneys has answered your questions.
