Military disability & new employment.

[ZX9RCAM]

If a discharged individual is receiving disability, is there any problem with them getting any type of job that they might be qualified for?
Anything that would prevent him from continuing to receive, it if he got a strenuous job, for example?
I believe he is considered 60%, due to a back injury, if it makes a difference.

 

[majormadmax]

It all depends on the disability. In your friend's case, and heavy labor should be out of the question. Otherwise, it should not be an issue unless it conflicts with the job requirements.

I would recommend he reads this: https://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm

There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Two of those laws -- Title I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) - protect veterans from employment discrimination. Title I of the ADA, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability.[3] USERRA has requirements for reemploying veterans with and without service-connected disabilities and is enforced by the U. S. Department of Labor (DOL) and the U.S. Department of Justice (DOJ).

By the way, I also have a 60% disability rating. I have had to take some physical capability tests to go do certain things related to my job, but I had no problems passing them. I also work with several individuals with service-related disabilities, to include one who was medically retired.

Cheers! M2

 

[Shotgun Jeremy]

The only time I've heard you can't work is if you're getting 100% VA disability. Even then, I think there's two types of 100%, but your work stipulations are strict.

Sent from Command Central

 

[STXdevilsquid]

If a discharged individual is receiving disability, is there any problem with them getting any type of job that they might be qualified for?
Anything that would prevent him from continuing to receive, it if he got a strenuous job, for example?
I believe he is considered 60%, due to a back injury, if it makes a difference.

Texas has VA counsellors, they are the best source and help with this stuff. They will steer you in the right direction. They came and gave us several briefs, I'd go to them.

 

[ZX9RCAM]

This is not about me.
I was just curious what my SIL had in the way of options.
Thanks for the replies.

 

[shooterfpga]

The only time I've heard you can't work is if you're getting 100% VA disability. Even then, I think there's two types of 100%, but your work stipulations are strict.

Sent from Command Central

One type of 100% rating will disqualify you from most work unless its not considered substational gainful employment and under the amount of income allowed. Otherwise you will be reduced in benefits and open yourself up to a rating review and exam.

100% schedular ratings you can still work.

100% non schedular tdiu (total disability individual unemployability) you are limited.


I recommend reading 38 CFR, M21-1, and M21-1MR.

 

[claymore504]

Check with the Texas Veterans Commission. They are a great resource. There is a guy in my National Guard unit that has 100% and I hear him talking about how he can only get paid a certain amount in civilian jobs. Not sure what he means. I also have another buddy that has disability for PTSD. he applied with ICE when we got back from iraq and they made him go to a doc for a few months and then the doc had to sign off that he was mentally capable of carrying a weapon. He ended up getting hired.

 

[shooterfpga]

Check with the Texas Veterans Commission. They are a great resource. There is a guy in my National Guard unit that has 100% and I hear him talking about how he can only get paid a certain amount in civilian jobs. Not sure what he means. I also have another buddy that has disability for PTSD. he applied with ICE when we got back from iraq and they made him go to a doc for a few months and then the doc had to sign off that he was mentally capable of carrying a weapon. He ended up getting hired.

I sure hope that guy in your unit is informing the VA of his drill dates and has waived his compensation for pay for those days from either the VA or the NG. Otherwise hes gonna owe a huge debt.

 

[dsgrey]

BIL lost his legs in Vietnam and received a very high disability percentage though I don't recall the exact percent. We've had conversations about this and he worked full time until his retirement recently without any decrease in disability pay.

 

[ZX9RCAM]

I sure hope that guy in your unit is informing the VA of his drill dates and has waived his compensation for pay for those days from either the VA or the NG. Otherwise hes gonna owe a huge debt.

What is meant by drill dates?

 

[shooterfpga]

What is meant by drill dates?

Battle assembly, drill. The days of military obligation for national guard and reservists.

VA Form 21-8951, should be filled out if youre in receipt of pay and in the ARNG or USAR.

Buddy of mine a few years back had no clue that he was supposed to report it. Ended up with a huge debt and now gets no money from either to offset his debt.

 

[shooterfpga]

BIL lost his legs in Vietnam and received a very high disability percentage though I don't recall the exact percent. We've had conversations about this and he worked full time until his retirement recently without any decrease in disability pay.

Yes it depends on how his disability was rated. It sounds like it was schedular so he can work. Non schedular ratings limit your employment.

 

[ZX9RCAM]

Ah...

 

[TexasBrandon]

I've had quite a few places ask if I had a disability on the list or even not listed. It was not a required form but even in the interviews, they ask if there is something I need accommodated on. From what I have experienced, as long as it isn't going to make the person unable to perform the job then he/she should be good to go. However, being at 60% disability with a bad back, signing up to go do TXDoT construction work would not make sense and the employer would probably say no.

I'm in the same boat with disability but I make it known at the interview since some of the stuff I have to teach requires a class setup and some of the stuff is 80 pounds to 200 pounds in tough cases. I definitely need someone to lift it for me in that case. There are times where I just do it if it needs done and I'm the only one around though and I always regret it but it needs done. As others have said, based on what he is receiving disability for could/would prevent him from working certain roles.

 

[ZX9RCAM]

That's the type of response/info I was looking for, sorry that I didn't know how to word the question, lol.

 

[TexasBrandon]

As far as I know, they are required by law to make "reasonable" accommodations. I've never had an issue with that except at my last job where they didn't give a shit about vets or disabled vets. I told them up front I had back, neck, and asthma issues and it went unheard until they asked me to go help unload 1000 pounds worth of UPSs (uninterruptible power supplies). Those things are huge since they are for network closets and can weigh anywhere from a measly 50 pounds to up over 250 depending on what you get. I had to tell the project manager and submit my disability letter from the VA to get them off my ass. He needs to make sure he doesn't work for a company like that. A little consideration goes a long way.

 

[shooterfpga]

As far as I know, they are required by law to make "reasonable" accommodations. I've never had an issue with that except at my last job where they didn't give a shit about vets or disabled vets. I told them up front I had back, neck, and asthma issues and it went unheard until they asked me to go help unload 1000 pounds worth of UPSs (uninterruptible power supplies). Those things are huge since they are for network closets and can weigh anywhere from a measly 50 pounds to up over 250 depending on what you get. I had to tell the project manager and submit my disability letter from the VA to get them off my ass. He needs to make sure he doesn't work for a company like that. A little consideration goes a long way.

Great advise

 

[chemdawg]

When it comes to disability rating once you are consider prmently disabled and retired . The Army can not change anything on your disability. Now the VA on the other hand they can reduce and additional disbltys down to what the army said you were say the army says your 60 the va says you4 100 you go get job that you should not be downg like heave lifting they can remove the 40% thy gave you after my second tour i was shot and builet is logged agent my spine along with being blown out of a gunners hatch about 30yr i jackd y back up bad and took shrapnel in my back and neve the surgery just made thing worse so the reeclassed me to human resources then sent me to trade OC it was horrible but earned a lot about the mebborard system and the VA system what i dont get they Made someone who Lost most of there memory could not even spell my name at the time do to a head injury feel every assignment ih school and i still passed an was sent on to be a humanreorces NCO it sucked i was not able to sit for more then 15 min could not ben over couldn'td spell do to memory loss from an IED after 7 month i said med bord me i just could not take the pain and being stuck in that office but i learn a lot about the med and pay system