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I work at a VA clinic and three employees here work full time and are 100%. (ADDED by McHammer38) There are actually two ways to receive 100% VA disability. One is to be rat…ed 100% based off the severity of your service-connected disability and the other is called Individual Unemployability (IU). Individual Unemployability is a part of the VA's disability compensation program that allows the VA to pay certain veterans compensation at the 100% rate, even though the VA has not rated their service-connected disabilities at the total level. A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have: · One service-connected disability ratable at 60 percent or more, OR Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more. Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment. Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. Though it may sound counter-intuitive, if the veteran gets a rating of 100% disabled, he is allowed to work full time. This was explained to me by a VA counsellor. It made sense at the time, but I can't recall the logic now. Hope that helps.
Yes, you can only collect payment for one or the other on any given day though. If you only do your weekend MUTA 4 training in a month, you will only receieve a prorated a…mount for your disability (26 days). If you do more Reserve training, it is even les disability compensation.
If the question is can you get alimony and VA disability? Yes, as long as you do not get more than $12,000 a year. If your question is can a veteran's VA Compensation be used …to calculate a support payment the answer is no. There was a 2000 Alabama Supreme Court ruling which said no. Also read the following. If the divorce is not final you can apply for an apportionment until the final decree. IF you are receiving a non-service connected pension then no you cannot collect any form of reportable income (if your alimony is unreportable like child support you are fine). Can VA Compensation be used by a state court or agency?The simple answer to this question is no. Can a judge do anything they want with judicial immunity? The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings. Is VA Compensation the same as disability? No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution. Is it legal to use VA Compensation for Spousal Support? No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well. Is it legal for the COURT to use VA Compensation for Child Support? Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes. From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety. 38 USC § 211 - 1987 "The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans." 38 USC § 511 - 1988 "The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise." This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents. Is it legal for the Department of Veterans Affairs to divide VA Compensation? Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process. The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration. Read more: http://wiki.answers.com/Q/Is_va_disability_used_to_calculate_child_support#ixzz2HB8Gv1Bz
The quick answer is No. VA Compensation can only be "attached" for federal tax purposes. It can also be Apportioned if dependents are not living with the veteran. The correct …course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
It is unlikely. It becomes more likely when you can show that you have been to neurologist after neurologist and have tried many things. It becomes more likely when you have… a letter from one of those doctors stating just how disabling they are AND how it would impact your ability to work. You need to show specifics, the vomiting, etc. It also becomes more likely if you are depressed because of your chronic migraines, because depression is more likely to be awarded SSDI. Definitely get a lawyer to take your case. They take people much more seriously when they have a lawyer. The SSDI process goes something like this. You are denied twice. Everyone is denied twice, except those with terminal illnesses. There are forms you fill out to appeal. After the second time you go to an informal hearing. This is where the majority of people get awarded SSDI. This whole process takes years. They want to wait people out. Some states, not all, allow people who are applying for SSDI to get on welfare while this whole process is going on. You pay them back with your retroactive check IF you get awarded Soc. Sec. If you do not get awarded Soc. Sec., they eat the cost. After you have applied for SSDI at your local Soc. Sec. office, go to the local welfare office to see about services they offer.
As far as I know, there is a strict limit as to how much money you can earn and still receive 100 percent disability. I have heard that even working a part time job could put …you over the limit. This goes for anyone rated 100 percent or anyone at 60 percent or higher who has been classified as "unemployable."
What percentage of VA Disability is Garnishable
When filing for SSD or SSDI, you should list all of your health disabilities and significant conditions and diseases.
Fifty to one hundred percent of your highest rank pay during your time in service, and based on the nature of the disibility and how you acquired it
VA disability compensation is not taxable income that you would report on your 1040 income tax return. IF you do not have any other gross worldwide income to be reported on …your 1040 income tax return. None of the social security benefits will be taxable income to you and you would NOT be required to file a federal 1040 income tax return
Can a Vermont state Family Court garnish 100 percent of your Social Security Disability for spousal support because you also collect VA disability?
Is a person who is disabled and on SSDI required to repay a debt if a judgment was ordered against them while they are currently on SSDI?
Yes. Addendum: You have a legal obligation to pay your debts; however, under Federal law (Title 26 USC § 6331 and Title 26 USC § 6305), Social Security disability income c…an only be levied by the US Secretary of the Treasury to satisfy delinquent Federal taxes or (under certain circumstances) child support or alimony payments. Social Security Rule 79-4 exempts Social Security disability income from "levy, attachment, garnishment and other legal process," except as specified. This does not prevent creditors from attaching income or certain assets from other sources, however. "Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation." Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." For more information, see Related Links, below.
What is the average time for the va to settle an initial claim for ptsd service connection disability benefits?
I have not been able to find any definitive stats on an average time. A lot depends on complexity of claim, how quickly supporting documents are provided, when appointments ar…e scheduled, the region you live in, etc. I can say that my husband filed his claim back in December of 2009 and we're still waiting.
In US Army
Yes. If you're ordered to pay alimony, that status does nothing to change it, although it may be possible to use that in appealing an alimony ruling.
There are a number of steps in applying for VA disability. One first has to consult with a doctor. After he has made his consultation, one has to file disability paperwork wit…h the VA.
You can sue your married girlfriend if you have a legal reason to sue. You will need to speak to an attorney.