For disabled veterans, Total Disability Individual Unemployability (TDIU) benefits are a crucial lifeline. These benefits provide financial support for those who cannot maintain substantial employment due to service-connected disabilities. A key aspect of qualifying for TDIU benefits is understanding the concepts of Marginal and Sheltered Employment.
What Is Marginal Employment?
Marginal Employment applies if a veteran can work only less than half of the normal hours typically expected in their occupation or if their earnings are less than half of what is typically earned in their job and location.
This form of employment is particularly relevant for TDIU claims.
Marginal Employment in TDIU Benefits
The VA considers Marginal Employment in the context of TDIU claims. Certain conditions might protect a veteran’s employment status even under these marginal circumstances.
For example, veterans working in a family business or being self-employed with decreased earnings due to their disability may still qualify under this category.
What Is Sheltered Employment?
Sheltered Employment refers to situations where a veteran’s employer is aware of their service-connected disability and makes necessary adjustments or accommodations to their work.
However, not all workplace accommodations automatically qualify as sheltered employment.
Sheltered Employment in TDIU Benefits
In the realm of TDIU, sheltered employment is characterized by specific types of workplace accommodations. These might include a flexible schedule to manage chronic fatigue, extra break time, or tolerance for tardiness related to the veteran’s condition.
Proving Marginal or Sheltered Employment for TDIU
VA attorneys Stacey Clark and Ursula Mecabe talk through marginal employment, sheltered employment, and how to make sure the VA doesn’t deny or take away your TDIU because of it:
Were you wrongly denied TDIU benefits because of marginal / sheltered employment? Our TDIU attorneys may be able to help. Get a free case evaluation here.
Strengthening Your TDIU Claim
Documentation and Expert Opinions
A robust TDIU claim requires thorough documentation, including comprehensive medical records and expert assessments. These documents should clearly demonstrate how the veteran’s disabilities impact their employment capabilities.
Consistency and Timeliness
Consistency in all provided information is crucial for a strong TDIU claim. It is also important to submit claims in a timely manner and follow up diligently to avoid any potential delays or complications.
Understanding the nuances of Marginal and Sheltered Employment is essential for veterans pursuing TDIU benefits. By recognizing the impact of these employment types on their claims and preparing thoroughly, veterans can strengthen their case for these vital benefits.
Think You’re Owed TDIU and Were Denied?
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