SSDI question
 

We have a question that we can't find any answers on SSA website. Since applied for SSDI can claimant receive EDD benefits under the Unemployment? Considering the fact that SSA takes from 4-8 months, to review the case and go through all the steps you described above, people have to have some sort of income to survive. What would you recommend?

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UE is a question of state law. Generally, your supposed to let your state UE officer know about your SSDI application. Most don't seem to feel there is a conflict, but some do.

More importantly, were you terminated due to health related reasons? Everyone needs very strong medical documentation, but those that apply after a general layoff might have an even tougher time getting approved right now, so make sure you have "all your ducks in a row."

the question was about SSA? would they care if you receive an UE benefits?
what if there was no termination involved? what if you left b/c simply couldn't handle the pain any more? and there is a WC case for that? and QME reports are supporting this?

Receiving concurrent WC and SSDI benefits is fine. Although, for many people it does not result in a large increase of monthly income. You're allowed to collect benifits from both, up to 80% of your gross income (they'll even go back a few years? Maybe even 5? if you had a decrease in income. I 'd have to look up the rule.) WC income is not taxed and at least in CA, has no COLA. SSDI is taxable, and has a slight COLA (cost of living adjustment) most years of 2-3% to keep up with inflation.

Again, different UE rules state different things and have different requirements. If you are required to actively be looking for work, someone at SS might question your honesty since with SSDI you're claiming to be unable to work.

Rules for WC and SSDI are very different. Is a QME report enough to prove qualification for SSDI? Highly unlikely. And all those reports WC generates by docs that have never met you to turn down meds and procedures? You'll have to provide overwhelming evidence for SS that you are unable to function at any job, making roughly $1000 per month.

I don't believe you can collect UE and WC at the same time.

If you live in CA, HI, NJ, NY or RI, they have short term disability insurance available, or if you have a private LTD insurance policy, than you should apply for that ASAP. Than you can apply for SSDI as well.

Thank you so much for all those details. You actually touched a little bit on everything. Unfortunately, there was no payments from WC, and QME reports are made only after the doctor's evaluation, and those are in person, at least once a year, for last 3+ years.
SSDI only allowed to apply after 12+ months of disability .So SDI exhausted.
And the concern was regarding the UI benefits, you mentioned about that.
However, the question is still open, how one can survive once Disabled (unable to engage in any gainful activities), SDI already exhausted, and no other source of income, or medical insurance???? How you can get a doctor to write a report, if no insurance available?
Do you know if SSDI has any programs that would allow that transition?

There is currently a bill introduced in Congress about passing legislation that makes it impossible to qualify for SSDI and UI in the same months. http://beta.congress.gov/bill/113th-...ouse-bill/1502

There are ALJ's that will not approve applicants for months that they are receiving UI. The ALJ may decide that you are not credible when you tell one government agency you are ready, willing and able to work and tell another government agency that you are unable to engage in substantial gainful activity because of a disability. But that is not yet law.

So, the answer about SSA is either not yet or depends. Pretty darn vague, I know.

If you read the Catch 22 sticky at the top of the forum, you'll get my long winded version of the economics issues. I'm a big proponent of LTD insurance now! Living paycheck to paycheck is very dangerous...

Approval can take YEARS.

If you have no income and few assets, you'll likely qualify for Medicaid.

You're claiming a WC injury, and yet you've never received TTD benefits? Are you expecting to receive a Permanent Disability Rating? Do you have a WC attorney?

SS doesn't give more weight to a QME report than your WC Primary Treating Physician. Are you receiving ongoing medical care? (I see my PCP at least 1x per month.)

VI've read elsewhere that the language of state's UE laws make a big difference. So, it can also potentially be a regional answer.

Thanks for keeping us updated!

Edit to clarify: So a person can currently go over 80% of gross by collecting UE and SSDI? And they can continue to collect UE after being approved for SSDI (not just backpay?) Ty!

The 80% rule applies to worker's comp and/or public disability benefits offset, not unemployment benefits. But that could change with new legislation which always takes a long time.