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.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
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.
