The concept of TDIU itself can cause a lot of confusion. This article discusses one confusing part of TDIU analysis which is “protected work environment”
As I discussed in a recent article, you can sometimes work and still qualify for TDIU benefits. We know that concept as marginal employment.
That article on marginal employment discussed the general rule that you cannot work and draw TDIU benefits. But, it focused on the other marginal employment exception which allows you potentially to qualify for TDIU when you earn less than the federally-designated poverty threshold.
Generally, you cannot qualify for a TDIU rating if you earn over that amount. But, marginal employment provides another exception to this rule. That exception, known as “protected work environment”, allows you to qualify for TDIU when your earnings exceed the federally-designated poverty threshold.
What is marginal employment within a “protected work environment”?
The federally designated poverty threshold is very low. Many veterans earn more than that amount even if they have extreme difficulty working.
The good news is that these veterans can potentially still qualify for TDIU. This exception focuses on what is known as a “protected work environment” or a “sheltered work environment”. If you meet this exception, you potentially can still draw unemployability benefits regardless of the amount you earn.
What is a protected work environment?
The VA has regulations which address what a “protected work environment” is. The VA regulation is 38 CFR 4.16. Under this regulation, whether something qualifies as a “protected work environment” is a very fact-intensive inquiry.
This inquiry basically looks at whether the veteran is in a very specialized or unique position. While a veteran may have a job earning good money, sometimes that veteran may not normally be able to go out in the national economy and earn that type of money.
An example of a protected work environment
The best example is probably a veteran who has service-connected disabilities and works in a family business. Suppose he works for his father who owns the company. Also, suppose this veteran has severe PTSD.
This veteran has days where he simply just cannot come in. This happens quite often, yet his father keeps him on a salary. The veteran receives a full paycheck every week whether he comes in or not
If this veteran went out in the regular economy, no employer who did not have a special relationship with that veteran would pay him that full salary to work just on the days that the veteran was able to work.
Are family businesses the only type of protected work environments or sheltered employment?
Many protected work environment situations are family businesses. However, veterans can qualify for the protected work environment exception outside of a family business-type situation.
Some specialized programs for veterans or disabled persons allow people to earn full pay even though they are not able to do the full amount of work as a non-disabled person would. Again, no hard and fast rule exists for these situations. It becomes a very fact-intensive inquiry.
Know that VA will look at sheltered employment situation with a critical eye. VA may be very skeptical. So, you likely will have to establish that you have a specialized situation.
You probably will need evidence from your employer that they would not make these accommodations for everyone. Evidence that establishes the uniqueness of your situation will probably help.
What if I have other questions about protected work environment?
The process of dealing with VA can cause confusion and frustration. TDIU is probably one of the more difficult concepts within that VA process.
Our firm tries to provide free information to veterans through our website and our veterans benefits channel on YouTube. Many veterans still need help with particular questions that have to do with the specific facts of their claims.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best.
I am very grateful with their assistance in filling my claim with the VA and winning
They have done an outstanding job. They are professional
ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
Jason provided provided outstanding counsel and support. His communication was exemplary, with prompt and informative responses to all my inquiries. The entire team was professional, knowledgeable, and genuinely caring, transforming a potentially stressful experience into a positive one. I cannot recommend their services highly enough. Thanks Jason!Cody
I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process
Thank you Perkins&studdardjahbari swint
Thank you Jason and Tina for everything you've done.
Much appreciated.
Great law firm! Great results!! Thank you!!!
(Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
