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FiveStarLaw, Attorney
Category: Legal
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Experience:  25 years of experience helping people like you.
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I am on social security disability since 2004 and I am a 100%

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I am on social security disability since 2004 and I am a 100% disabled veteran since 2004. I received a Disability Update Report on June 27, 2013. The date on the report is June 7, but I received it June 27 and the letter said I have 30 days to return it.

I am disabled to my anxiety disorder. I have worked as a private tutor for people in the local area since June 2011 (social security wants information about work and doctor appointments since that time). I have cashed my tutoring checks, written by parents, at their banks, 90% of the time. I want to report an income from private tutoring during some months of the school year. I had to stop when I had a heart attack on March 9, 2013. The VA clinic printed out all of my doctor's appointments since June 2011 and I have a record of 22 mental health appointments at the VA clinic since June 2011. I want to send the appointment list with my Disability Update Report. It is about 4 pages. I want to report that my earnings were $270 a month over two different 6 month periods.

How does this sound to you? I also have the hospital bill from the Acute Miacadial Infarction (heart attack) in March and a VA doctor's signed document saying I needed aid
Submitted: 2 years ago.
Category: Legal
Expert:  FiveStarLaw replied 2 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Yes – I agree with your plan.The time that you have worked will not affect your SSDI benefits. Additionally, your medical records will indicate that you have a continuing disability that may have been worsened by your myocardial infarction.

Here is more helpful information:

I would be glad to continue our conversation and respond to any follow-up questions that you may have.

FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36709
Experience: 25 years of experience helping people like you.
FiveStarLaw and 2 other Legal Specialists are ready to help you
Expert:  FiveStarLaw replied 2 years ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"
Customer: replied 7 months ago.

For FiveStarLaw


Dear FiveStarLaw,


Thank you for helping me in the past. The VA sent me an Employment Questionnaire to fill out dated January 30.


The Respondent Burden section begins with "We need this information to determine continued eligibility to compensation at the 100 ercent rate based on individual unemployability (38 CFR 4.16) allows us to ask for this information." They estimate it will take 5 minutes to read the instructions and fill in the form.


In the instructions portion it says: You are receiving compensation at the 100 percent rate based on being unable to secure or follow a substaially gainful occupation as a result of your service-connected disabilities. If you were self-employed or employed by others, including the VA, at any time during the past 12 months, complete section I of this form.


Section I asks these questions:

Name and address of employer Type of Work Hours per week


Dates of Employment or self employment, Time Lost from Illness,


Highest Gross Earnings per Month.


From January to May, and August to Dec. 16 I worked as a part time math teacher for a private school and I worked 9 hours per week. I earned a total of approximately $7,600 for the entire year. I asked the accountant to provide me with my gross monthly earnings from Jan. 30 to Jan. 30 of this year and she is working on it. I have about 6 weeks left to respond.


The month of October I earned the most money, approximately $1,100, and it worries me that the VA is asking for this highest grossing month. But I want to fill out the form with the information that I have from the school. I considered dividing the amount of $7,600 by 12 months, but it doesn't reflect the actual months that I worked. I only worked 2 hours per day Monday-Thursday and one hour on Friday. I did not miss many days due to illness, but I did miss some days. I felt bad on many of the days due to my Fibromyalgia, Anxiety Disorder, Degenerative Joint Disease and Fatigue (some of my service connected disabilities) , and would often go home and sleep.

I went to my doctor's appointments at the VA and I can get copies of those appointments, but on the VA Employment Questionnaire there is no question about doctor's appointments. All of my therapy appointments ( 5 or 6 in 12 monhs) contained a list of my symptoms because I reported them to the therapist. They included 2-3 panic attacks per week, and depression.

I saw the psychiatrist in December and she started me on a new medicine for anxiety and depression.


I lost my job when I came back to school on Jan. 6. My last date of employment was December 19, 2014.


On my tax form that I filed in January, this teaching job is the only job I listed as my income. I worked as a private tutor as well, but I did not report this private income on my tax form. I wanted the information on the Employment Questionnaire from the VA to reflect exactly what I have on my 1040 tax form.


Also, I had trouble turning in my time sheets on time, so in October 2014 my earnings included about one extra week of earnings. Should I write an explanation with the Employment Questionnaire? Should I include a print out of all of the VA appointments I had over the past 12 months and include it with the questionnaire when I mail it in? Or is the income I earned not considered "substantially gainful employment"? I have been disabled since 2004 and had a heart attack in March 2013.


Thanks, my son needs to use my computer. Thanks again, Cindy


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