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untilthebell 02-21-2011 10:34 PM

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.

finz 02-21-2011 11:45 PM

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 ?

untilthebell 02-22-2011 12:14 AM

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.



Quote:

Originally Posted by finz (Post 746819)
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 ?


finz 02-22-2011 12:36 AM

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

untilthebell 02-22-2011 12:44 AM

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?

finz 02-22-2011 01:06 AM

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.

untilthebell 02-22-2011 01:13 AM

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!

clarkstar 02-22-2011 01:20 AM

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

legalmania 02-22-2011 01:46 AM

Quote:

Originally Posted by untilthebell (Post 746806)
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.

Here is a little information that may or may not help you. I'll see what else I can find.

http://ssa-custhelp.ssa.gov/app/answ...%20same%20time

untilthebell 02-22-2011 02:08 AM

Thanks, but do you know what happened to them? Did those you know have to pay it back?


Quote:

Originally Posted by clarkstar (Post 746838)
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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