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-   -   collecting unemployment & Filing for Disability? (https://www.neurotalk.org/social-security-disability/145394-collecting-unemployment-filing-disability.html)

clarkstar 02-22-2011 02:28 AM

Quote:

Originally Posted by untilthebell (Post 746851)
Thanks, but do you know what happened to them? Did those you know have to pay it back?

nothing so far. no letters or anything

Cblue 02-22-2011 09:21 AM

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!!!!!!!!

bdh1 02-22-2011 02:37 PM

Quote:

Originally Posted by untilthebell (Post 746851)
Thanks, but do you know what happened to them? Did those you know have to pay it back?

When you collect unemployment, you have to say you are ready and willing to work and activly seek employment. When you apply for SSDI, you say you can't work. It's a contradiction. I was advised by my social services caseworker to stop drawing unemployment before you apply for SSDI.
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.

echoes long ago 02-22-2011 11:35 PM

Quote:

Originally Posted by untilthebell (Post 746836)
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.


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.

finz 02-23-2011 05:33 AM

What state are you in until ?

clarkstar 03-23-2011 11:25 AM

Quote:

Originally Posted by ptcs (Post 746993)
When you collect unemployment, you have to say you are ready and willing to work and activly seek employment. When you apply for SSDI, you say you can't work. It's a contradiction. I was advised by my social services caseworker to stop drawing unemployment before you apply for SSDI.
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.

when i filed for ssd i put my only source of income as unemployment. i was approved

untilthebell 03-23-2011 03:47 PM

We are in Nevada. Thanks



Quote:

Originally Posted by finz (Post 747212)
What state are you in until ?


finz 03-23-2011 05:04 PM

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

Mz Migraine 03-24-2011 11:43 AM

Quote:

Originally Posted by untilthebell (Post 755696)
We are in Nevada. Thanks

Some states are more lenient than others. I collected UE for 3 years & was still approved. SS & the ALJ judge were well aware I was collecting UE.

finz 03-24-2011 11:53 PM

Quote:

Originally Posted by Mz Migraine (Post 755953)
Some states are more lenient than others. I collected UE for 3 years & was still approved. SS & the ALJ judge were well aware I was collecting UE.

Right, because SSA is fine with people collecting UE....it's the issue of the UE office being upset with you if one of their conditions is that you are able to work and actively looking and you aren't doing that because you are disabled. They could find that one is fraudulently collecting UE if they are clearly unable to work.

Luckily, in Until's state, they have an exemption for those who are disabled and communicate that to the UE office.


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