Question:

Good afternoon, I'm not exactly seeking any type of legal advice, but I do have a question that came up and no one seems to know the answer. So I figured you might be able to help or point me in the right direction. The issue has to do with someone (probably several people, including myself) and currently receiving TDIU benefits. In addition to that same group is receiving UCX. Now, I know that TDIU does have limitations on working (annual amount, places worked if exceeding poverty level): 

1) Is collection of TDIU and UCX somehow against the rules? None of us can find the answer.

2) If UCX amount exceeds poverty level, would that be grounds for loss of TDIU benefits?

3) Does collection of UCX basically state that the individual is able to work enough to have TDIU taken away?

4) Would the collection of FPUC, PUC and now FEMA payments count as earned income that could potentially justify the loss of TDIU?

I'm under the impression that UCX is a limited number of payments, but due to COVID, exceptions have been made regarding extensions. I know there are several of us who definitely in getting a good definitive answer. Also, no one wants to loose their benefits and I've never seen this addressed in anything I've read. Any help you could provide would be greatly appreciated. Thanks for your time, Joshua Webb

Jim's Reply:

1) No, not necessarily. The UCX benefit isn't likely to pay you an amount equal to or greater than the federal poverty level and that alone keeps you within the rules. Keep in mind that you're asking hypotheticals and my answers are too. 

2) I doubt it but I'd have to say that when you exceed the earnings level VA definitions get dicey. If it were me collecting both benefits I'd limit my earnings.

3) No. You aren't working, you're taking advantage of a benefit offered you during a global crisis.

4) No. I say no but I have to qualify that by saying that the definitions of "earned income" when we talk of the TDIU benefit. You can read up on the topic here M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU) 

More is here https://statesidelegal.org/unemployment-compensation-ex-servicemembers-ucx

I understand that you're seeking a "good definitive answer" but there are grey areas here that can't be answered that perfectly. That we're dealing with VA where a lot of fuzzy rules and regs are SOP, there's a worldwide pandemic and health crisis happening and many rules are suspended or just tossed out the window for the duration makes providing your definitive answer impossible.

I'd offer you should apply a bit of common sense, don't do anything you'll obviously have to pay back and survive to be healthy and stay tuned to the day to day developments. If you think you may be being overpaid, bank it and wait it out. 

Good luck.