One of the most common questions Woods and Woods VA disability lawyers are asked is: Can I still work while getting VA disability?
The answer is yes! In fact, the US government would like you to work while on disability if at all possible.
The government is so committed to allowing all able-bodied veterans to work that they have provided various stipulations, guides, and resources to help veterans find work.
In this article, you will learn about some of the programs that can help you work while on disability and what restrictions you might face.
In this article about Veterans working while on disability:
- Some Ways That the Government Helps Veterans with Disability Work
- What is the Veterans’ Recruitment Appointment System (VRA)?
- What is OPM?
- What is the Special Appointing Authority?
- TDIU: Total Disability Based on Individual Unemployability
- Are You a 30 or Greater Disability Veteran Who Wishes to Be Considered Non-Competitively?
Some Ways That the Government Helps Veterans with Disability Work
One way the government can help veterans work while on disability is with the 10-point preference program.
By law, veterans who have completed active-duty service during a specified time or who are disabled are entitled to receive preference for federal job openings. Of course, the government is not going to fill every vacant position with veterans. Rather, the goal of the program is to assist qualified, eligible veterans in finding viable employment.
Veterans qualify for preference points based on their service – you must be an honorably (or generally) discharged veteran. For this alone, you will receive five points on your:
- Service examination
- Experience evaluation
- Education evaluation
After passing your examination, you will receive a five-point preference if you served:
- During a war or between the time period of April 28, 1952 through July 1, 1955
- For more than 180 days (consecutive) after January 31, 1955 and before October 15, 1967 (training is not included as part of your service)
- For more than 180 days (consecutive) between September 11, 2001 and an end date determined by the presidential proclamation as the final day of Operation Iraqi Freedom (August 31, 2010)
- Between August 2, 1990 and January 2, 1992 during the Gulf War
- A campaign in which a medal or badge was authorized, including any Armed Forces Expeditionary badge (Haiti, Lebanon, Somalia, El Salvador, Grenada, Southwest Asia, Panama)
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Additionally, a 10-point veteran’s preference is added for disabled veterans. To be eligible for the extra 10-points, you must:
- Have served at any time
- Have sustained a service-connected condition or disability
- Be in receipt of disability compensation, disability retirement benefits, the Purple Heart, or a military pension
- Be an unmarried spouse of a deceased veteran (restrictions apply) or the spouse of a disabled veteran who is unable to work
- Be the parent of a veteran who is 100% disabled, permanently disabled, or who died during active-duty service (This law once stated that the “mother” of a deceased veteran was eligible for preference points. However, the Gold Star Fathers Act of 2015 was passed and amended the language to state “parent” instead of “mother.”)
When a government entity receives applications for an open position, the names of the service-related disabled 10-point preference candidates are placed above the other names on the list. Then, other 10-point preference candidates follow. They, in turn, are followed by five-point preference candidates and non-veterans, all of whom are listed according to the order of their rating.
While having a 10-point preference rating pushes a candidate’s name up on a list, it does not guarantee a job. Just like other positions in the job market, a candidate must meet the employer’s eligibility and qualification guidelines (education, experience, etc.).
Does the 10-Point Veterans’ Preference Work?
Some vets wonder if the 10-point veterans’ preference really works. Is it worth it to apply for government jobs so you can work while on disability?
Yes, the 10-point system works. Most government employers/HR representatives place a numerical value on job applications (called ranking and rating). Applications that have the highest rating end up at the top of the list.
Since a service-related disability can add 10 points to your application, it can significantly improve your chances of getting a good job.
10-Point Veterans’ Preference for a Spouses of Disabled Vets
Some spouses are eligible for preference points, too. Under Derived Preference, certain people are eligible to claim veterans’ preference if the veteran is unable to do so. Spouses, parents, and surviving partners must meet certain requirements in order to receive the 10 points.
- Spouses: You are eligible if your veteran cannot qualify for a job because of their disability. Disability or unemployability rate for the veteran must be 100%. Another instance in which you would be eligible is if your spouse is retired or has resigned from a civil service position because of their disability. Finally, if your spouse has attempted to obtain a position but could not qualify because of their disability, you may be eligible.
- Widows/widowers: To qualify in this scenario, you and the veteran cannot have divorced at the time of their death. If you remarried after their death, you cannot qualify for the veterans’ preference points.
Other requirements for widows/widowers include:
- The veteran served during a war; served between April 28, 1952 and July 1, 1955; or served during a campaign with an authorized campaign medal.
- The veteran died while engaged in active-duty service and would have received a general or honorable discharge once their service period was complete.
Here, one of our VA disability lawyers talks about what we do when we appeal your case to the Veteran’s Administration.
What is the Sole Survivorship Preference?
Some veterans are released/discharged from active duty because they are the only surviving child. The child needs to be from a family in which one (or more) of their siblings or a parent served in the armed forces and meets one of the following criteria.
- Died while serving
- Was captured or is missing in action
- Is 100% disabled or is continually hospitalized
- Is not gainfully employed because of their disability
To qualify, the veteran’s death, capture, MIA status, or disability cannot result from willful neglect, intentional misconduct, or during an unauthorized absence.
If you qualify for the sole survivorship preference, you will receive a 0-point preference. In other words, no points will be added to your rating or application score. However, your sole survivorship status entitles you to advance the list ahead of applicants who received the same score/rating.
What are Preference Groups?
Preference eligibility is divided into five groups.
- CPS: 10 points; Disability rating of 30% or higher
- CP: 10 points; Disability rating between 10% – 30%
- XP: 10 points: Disability rating of less than 10%
- TP: 5 points: No disability rating
- SSP (Sole Survivorship Preference): 0 points
These codes designate what a job applicant is entitled to.
SF-15 Application for 10-Point Veteran Preference
To find out if you qualify, you will need to complete an SF-15 application for 10-point veteran preference. This form can be used by veterans, as well as their family members. In addition to thoroughly filling out the form, you will need to provide various documents including (but not limited to):
- Documentation of Service and Separation
- Documentation of Non-Compensable Service-Connected Disability
- Documentation of Compensable Service-Connected Disability
- Documentation of Veteran’s Death
- Documentation of Veteran’s Inability to Work Due to a Service-Connected Disability
You can download form SF-15 to apply for a 10-point veteran preference here.
What is the 10-Point Preference for USPS?
The U.S. Postal Service is a federal entity in which veterans can work while on disability with the 10-point veterans’ preference system.
On the USPS website, you will find a vet guide explaining their recruitment, application, and selection procedures.
What is the Veterans’ Recruitment Appointment System (VRA)?
Another way veterans can work while on disability is through the Veterans’ Recruitment Appointment system, or VRA.
This program is just for the feds to hire vets. There is no competition, except for your fellow veterans, many of whom are dealing with a service-related disability.
To qualify, you must have received a general or honorable discharge and can claim at least one of the following:
- You are disabled
- You served during a war
- You received a campaign badge for your service in an expedition/campaign
- You are the recipient of the Global War on Terrorism Service Medal
- You are a recipient of an Armed Forces Service Medal
Agencies can use the VRA to fill terms (between one and four years) or temporary (no more than 12 months) positions.
Federal agencies have the legal authority to provide term or temporary employment to veterans with a VA disability rating of 30% or higher. Of course, the veteran will also have to meet eligibility and qualification requirements to be an eligible candidate for the position.
You can apply for positions under the VRA as many times as you like.
For an agency to consider you for the position, you will need to provide them with a Certificate of Release or Discharge from Active Duty. Also, if you are going to claim the 10-point veterans’ preference, you will need to submit the SF-15 application as well.
What is OPM?
OPM is the U.S. Office of Personnel Management, the main human resources agency for the federal government. They are also the fed’s chief personnel policy manager. This entity’s key functions include managing the following:
- Human resources
- Employee management
- Retirement benefits
- Healthcare
- Insurance programs
- Hiring
The OPM oversees and administers entitlement to veterans’ benefits, as well as preference for employment opportunities.
What is the Special Appointing Authority?
Some agencies may utilize a special appointing authority to hire specific groups of people that meet eligibility requirements, such as disabled veterans.
The Veterans’ Recruitment Appointment (VRA) allows veterans better access to certain jobs without competition. Employers are not required to use this authority – it is discretionary.
VEOA vs. VRA: What’s the Difference?
The VRA (Veterans’ Recruitment Appointment) and VEOA (Veterans Employment Opportunities Act of 1998) are two special appointing authorities that provide veterans the opportunity to apply for job positions without competition.
The VRA allows agencies to hire a veteran to complete two years of service. If the work they do is satisfactory, the veteran is then converted back to competitive service.
The VEOA allows agencies to hire veterans for merit promotion procedures. The VEOA only applies if the position is both permanent and competitive and if the agency has decided to hire outside their workforce.
To qualify for the VEOA, you must have received a general or honorable discharge and preference eligible or have completed at least three years of active-duty service.
TDIU: Total Disability Based on Individual Unemployability
What if you are completely unable to work because of your service-related disabilities but don’t have a 100% disability rating?
The VA allows veterans in these circumstances to receive disability compensation that’s equal to a 100% disability rating.
You are eligible to receive Individual Unemployability benefits if you are unable to obtain substantially gainful work, which means a job that pays enough to ensure you live above the poverty threshold. In some situations, if you are in a position that does not pay above this threshold, you may still be eligible for TDIU benefits.
Veterans who can’t hold down a steady job that supports them financially (known as substantially gainful employment) because of their service-connected disabilities are eligible for TDIU if they have:
- At least one service-connected disability rated at 60% or more disabling OR
- Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more
Are You a 30 or Greater Disability Veteran Who Wishes to Be Considered Non-Competitively?
You are strong, tenacious, and willing to work hard. Your active-duty proves that.
You may deal with a debilitating disability, but you are not going to let that stand in your way. If you want to stay active and work, the government can help.
Woods and Woods team of VA disability lawyers is here to help you, too. We are a family-owned firm that has been helping veterans since 1985. Our compassionate, experienced team has numerous resources to help you determine your disability rating and get the compensation you have earned.
Call us today to discuss your VA disability appeal or your first application. The call is free and we won’t charge you a single fee until we win your case. We even pay for the postage for all of the documentation you send to our office. You can look for a VA disability attorney near you or call us and join the thousands of veterans living off of VA disability thanks to Woods and Woods.
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(812) 426-7200
No, but they are given preferential treatment in the interview and selection process. That isn’t enough to land the job all by itself. You still have to prove that you can handle the work and do the job as well as the other applicants.
Yes, but the point scale won’t be applied until you are granted VA disability. That means you should work with an experienced VA lawyer to make sure you get your application in right the first time and not waste time getting rejected.
