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collecting unemployment & Filing for Disability?
Collecting unemployment & filing for disability?
Hi everyone! I'm new here so I apologize if this has been asked before. My husband has been collecting unemployment for 8 months now due to being laid off. Yet he filed for disability due to a number of health issues from Seizures, Depression and Arthritis. My question is- if he was to win this disability claim, what do you tell unemployment? Do you say the reason for stopping unemployment is that he's unable to work? Will there be anything to worry about? Such as unemployment asking for money paid back? Every week he was applying for jobs online and we have a record of that. He was applying for jobs that would suit his disability. Any information helps. Thank you. |
I don't know much about unemployment benefits, but my general impression is that collecting unemployment and applying for SSDI would be in conflict.
I believe if you are collecting unemployment, you are telling the state that you would be working if only you could get a job. If you are applying for SSDI disability, you and your doctor(s) are saying that you are unable to work at any job. It seems to me that trying to collect both would be lying to either your state or the federal government. There are a few posters here that are very knowledgable about SSDI rules and regs, so I'll be interested to hear what they have to say on this. Could your husband go to work now if he found the right job ? |
I would honestly say he could work 1-2 days a week max. Problem is this job would have to be flexible, such as allow him time off when a seizure strikes, or when he has bad flare up arthitis days.
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This is not state specific, but EHow's Unemployment Eligibility Checklist says:
Make sure you can answer yes to each of these three questions: were you fired or lost your job because of something related to your employer (not because of something you did), was your salary high enough to pay all your basic expenses (part-time or seasonal work usually does not qualify you for unemployment) and are you able to work again (injured, retired or people unwilling to work do not qualify for unemployment)? Read more: How to Check for Unemployment Eligibility | eHow.com http://www.ehow.com/how_2140101_chec...#ixzz1EfAjqrBO |
I read what you pasted below. He was laid off, he didnt get fired nor did he quit. Did he want to go on disability? No! He really had no choice but to apply from the increase of seizures and arthritis issues. Could he have worked 40 or even 20 hrs a week? No. I doubt he could have done 16 hrs a week, if that.
So if we were to stop his unemployment now, how do I do so? Online? Call them? And say what? Say he is disabled? Anyone? |
Was he working fulltime when he was laid off ? I believe his unemployment benefits would have been calculated off of that. The very limited/part time work that would be the maximum that he could do now , since his condition(s) have worsened, most likely would not give him a salary high enough to meet all of his basic needs. I think this would fall under the "are you able to work again?" portion......he is not able to.
That sounds to me like he would no longer be eligible for unemployment benefits.....if they think he is really pursuing a new full time job. I would call the Unemployment Office to see what they have to say. Truthfully, this could leave you guys in a tough financial situation. If they cut off his unemployment and it takes years for SSDI approval, will you guys be able to make it ? To add again.....I'm just going off my understanding of what I've heard/read about unemployment......I absolutely don't KNOW that he is not eligible for those benefits. I hope this all works out for you both. The stresses of worrying about money and following all the rules correctly just adds more pressure to someone with a lot on their plate. |
yes he was working FT -40 hrs a week when laid off in May 2010. He applied for disability in July 2010. I do cleary remember the SSDI case worker saying that if he wins the case he can no longer collect unemployment. Now SSDI has been well aware that he has been collecting.
If we stop collecting we will not get by. We would lose this house for sure. But at this point i'm not sure how to approach this, he could call in to unemployment and ask them, but will they cut him off? Or even worse- ask for all that money back, which is long gone. What happens if he just stops applying online every week? We do his unemployment online, so if he never signs back in, wont they just stop his payments and thats it? Or will they call us and ask why he stopped applying for unemployment benefits? Yes , this is super stressful on the entire family. With 2 little kids and a home, its tough. Thanks for responding! |
you may have to pay the money back, but, imo, do what you gotta do to get by. i know people that collected u/e right up until they got their first check from disability
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http://ssa-custhelp.ssa.gov/app/answ...%20same%20time |
Thanks, but do you know what happened to them? Did those you know have to pay it back?
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There is a possibility that it will be taken from your backpay should you be approved by disability. I don't think so though. I think you are good. I do know someone who was in your exact situation and did not have to pay it back.
I wish you the very best with your claim! Remember...60% or more get denied at the 1st stage, hang in there..I was approved at the ALJ level...I am in a state where you do not have to do reconsideration. Take care!!!!!!!! |
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I applied for SSDI 1 yr after my accident, which I was receiving unemployment during that 1 yr period. My backpay was approved for that same period (minus the 5 mos., of course) and paying back unemployment hasn't been a issue. |
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seems to me that is your answer right there. if he wins his case he cant collect, not that he cant collect to apply for ssdi. Not every state requires you to declare that you are able to work to get unemployment if you are laid off. |
What state are you in until ?
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We are in Nevada. Thanks
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Hi Until,
According to the State of Nevada, your husband WOULD have to be actively seeking employment, unless you follow through on the 'exception' listed. From: http://detr.state.nv.us/ESD%20Pages/...20claim%20.htm • Able to work—You must be mentally and physically able to work your normal work week. EXCEPTION: If you should become physically unable to work while continuously filing for Unemployment Insurance, you must advise your Telephone Claim Center promptly to protect your benefits. You may be eligible to continue to be paid benefits until such time as you are offered suitable work. • Available for work—Be ready to go to work. You must be willing to accept both full-time and part-time work. You must have transportation and have made necessary child care arrangements. You cannot have conditions or barriers that prevent you from accepting work immediately. • Actively seeking work—To meet availability requirements, you must make a ‘‘good faith’’ effort to find work. You must use those methods which a reasonable, prudent person anxious to find work would use. FAILURE TO CONDUCT AN ADEQUATE WORK SEARCH CAN RESULT IN A DENIAL OF BENEFITS. To meet work search requirements, you need to do the following: (1) You must actively seek work for which you are suited by experience and/or training. Apply for work in a method that is most likely to result in employment. Apply to employers who hire people with your experience and/or training. You must use all means available to find a job, including your Nevada JobConnect office or the Job Service office in your area. Make repeat contacts with employers only if you are encouraged to do so by the employer or if the employer states there is a chance for a job opening in the near future. It's fine with SSA if he is collecting unemployment (as in, that wouldn't hurt his claim), but you will want to make sure that you talk to the UE office about this. Sounds like collecting while you are not actively seeking employment is against their rules, unless he gets the exception because of his disability, but you MUST talk to them to get that approved. Good luck |
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Luckily, in Until's state, they have an exemption for those who are disabled and communicate that to the UE office. |
I'm in Florida and I received unemployment for 1 1/2 years and I was still approved. The judge knew that I was collecting it and gave me a little grief about it but I stood my ground and he approved me.
According to Florida's unemployment agency, as long as you are looking for work, no matter if it's full time or part time, you can still receive unemployment. Since my last job was part time that's what I was looking for. Btw, I received my approval letter in July and still no word from the unemployment office. |
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This link addresses the incompatibility issues of applying for SSDI and Unemployment during the same period and the exceptions.http://www.disabled-world.com/disabi...h-benefits.php
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unemployment benefits vs ssdi benefits
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I know someone who collected UI while waiting for a decision and it was not a prob. Call SSDI and ask them.
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There are exceptions. Please read the link above.
Anyone contemplating collecting UI and at the same time applying for SSD, should carefully review your own STATE'S rules. Since UI is a state issue, there is no one answer to this question nationally. Your state UI agency might object in some circumstances, but not in others. An ALJ might question your honesty, or might not. At the very least, do your research before making assumptions either way. |
I'm so sorry. I'm the one doing the research for my husband who is now on disability. I have very little down time due to work and taking care of not only my husband but our children.
It appears I did not follow up sooner on many of my original posts. My husband did collect unemployment right up until the day SSA told us that he was approved. So after 60 days I believe? In Quality review he was on and off unemployment. The SSA local office did know he was collecting unemploy. but said that here in Nevada one could do that, I guess each state has different laws/rules? And he received his backpay very fast-weeks later. Thanks!!!-I do have a new question though- time to quickly start a new post! |
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