100% P&T w/ SMC S-1 (Statutory) - Possibility of working

M

Midnight Trainer

PEB Forum Regular Member
Registered Member
Good day everyone,

I am writing because I need some answers. Also, let me start off by saying I am completely HAPPY with my VA benefits/ratings; however, after the second denial for SSDI I am hurting for money and need to find ways to earn it. My ratings, I am 100% P&T (not due to IU or anything, just 100% P&T) and I am getting SMC S-1 (statutory) for having a 100% condition (Mental Health) and 60% (combined other ratings). If, I am not IU and I am getting statutory SMC am I able to get a part time job of some sort? I have been waiting for an answer since I received my ratings in 2020. I have tried to search the internet high a low, called an attorney and they weren't willing to help me understand, asked two people on YouTube, just no one will cover this topic. So, please if you are able to help that would be great. I am simply wanting to know if I attempt to get a job will my ratings be messed up? Will I need to undergo C&P again? Or am I good to work for a little while?

Thank you for your help.
 
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Hey RonG,

You are amazing! Thank you for supplying an answer to my question. I have literally been obsessing over this topic since Thursday. Today, I was able to speak to my VA Representative and brought up the same questions that you answered. First, for those who have the same questions as me, I am gonna supply you with the answers I was given. IF you are rated P&T (Permanent & Total) not TIUD, you can in fact work as RonG stated. Second, IF you are 100% P&T it does not matter if your 100% came from the MH or not because P&T ratings are protected from forced re-evaulation. Now, if you open your file for what ever reason (via new claims, higher rating increases, etc.) then your ratings will be reviewed and possibly lowered due to working. So, I was told as long as I keep my records sealed I am able to work with my 100% P&T rating from MH and other disabilities. Now, you as the employee are not required to disclose your disabilities or needed accommodations to the employer. Only inform employers when accommodations are needed. Next, if you are like me and have a SMC S-1 rating due to statutory reasons, there are no restrictions on work or being housebound. I was told SMC S-1 was given for statutory reasons and that I did not have to apply for it because the law set the standard. Now, if you are rated IU and you are receiving VA benefits/SMC then work restrictions will apply and often times hours and caps are placed on veterans on IU status.

Finally, solely because of P&T, people are able to work unless IU is issued without any restrictions or worries of lowered ratings. (I am sure there are other reasons ratings go down or further evidence is available; however, I was solely providing answered based on the contact made with my VA Rep).
 
Hi,

I modified my morning reply to refer you to a board where that question is often asked (2-3 raters hang there) I too have SMC - S but it does not involve mental health issues and I am not qualified to offer advice on MH issues.. I am surprised my initial sentence was still visible.

In any case, good luck.

Ron
P.s. Thank you for your kind words, but in this case they were undeserved. I believe I could work with SMC s since noneof my disabilities are IU. I have one rating for 100% and several others that total 60%.
 
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hey pal i'm in the same situation, rated for 100 MH and P&T with SMC-S. Were you able to hold a job with no issues to your disability??
 
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