I have been collecting unemployment

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PostPosted: Fri May 01, 2009 5:41 am   Post subject: I have been collecting unemployment  

I have been collecting unemployment in OR for a little over a year now. At my doctor's urging, I am applying for SSDI benefits, on the basis of an ongoing partially disabling condition - a disability that impairs my ability to work productively and therefore find employment based on my record. The SSDI claim process seemed to require that I say that I have been unable to work for the past year because of my disability. After explaining the above, I stated that I have been disabled for the past year and unable to work. Am I in trouble with either UI or SSDI? Should I call SSDI and modify my statement?

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PostPosted: Fri May 01, 2009 9:09 am   Post subject:   

This has been discussed in the forums couple of times that one can't qualify for the disability benefits while on unemployment because there is no income loss to document.



Quote:
After explaining the above, I stated that I have been disabled for the past year and unable to work.




If that means that you have lied in your form then yeah, you may get into trouble with both SSDI and UI.



However, just hang tight, the experts would soon be here to help you.
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PostPosted: Fri May 01, 2009 11:09 am   Post subject:   

Quote:
Should I call SSDI and modify my statement?




Not sure if that would be wise. If you call and let them know that you have lied in the application they would deny the claim anyway.



However, I think that they would find out about the misrepresentation of fact while running the check and that too would lead to claim denial.



IMO you are stuck and in all possibilities wouldn't receive the SSDI. But you should still wait for the experts to drop-in to this thread.

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PostPosted: Sat May 02, 2009 5:19 am   Post subject:   

I have been asked to respond to this thread, so let me see if I can shed some light on the subject.



I am assuming that the OP has worked long enough and paid enough into the S.S. system to have earned the SSDI benefit.



In order to qualify for SSDI (again, assuming the OP has enough S.S. earnings), the disability must be expected to last at least 12 months or result in your death. The key word is expected, not "have been" disabled for 12 months. Secondly, you must be unable to work at any substantial occupation in the entire U.S. economy considering your experience, training or education. It usually takes at least a year after application to actually receive the benefits if you're approved. There is a five-month waiting period starting on the date of disability with the first payment at the end of the sixth month.



If you have already been disabled for a year, as you stated, and your disability prevents you from working as described above, there is a chance that you will qualify for SSDI. Now the waiting game begins. Get ready for a long one.



As far as the unemployment insurance is concerned, I don't think you have anything to worry about, unless you lied about actively looking for work while collecting the UI. If you have been looking for work as required by the unemployment division, your disability won't matter as it relates to your UI benefits.



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PostPosted: Sat May 02, 2009 12:40 pm   Post subject:   

Teacher, I could be mistaken here, but if I'm not...It's my understanding that in order to collect unemployment (state)...a person MUST be able to actively pursue employment...and a disabled person (as noted in the post) would be prohibited from doing so...I've always understood if you're 'disabled' you are barred from collecting unemployment. I understand that the unemployment was granted NOW the OP is going for disability, but won't the mere application for disability now disqualify any further (and perhaps past) unemployment payments?



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PostPosted: Mon May 04, 2009 7:31 am   Post subject:   

Hi Teacher, thanks for responding to this thread on my request. I knew that you would be able to help the OP. However, I've got couple of confusions. According to the OP he has stated that he was disabled for last one year as it was asked in the application form.



Quote:
After explaining the above, I stated that I have been disabled for the past year and unable to work.




However, we are not aware whether this statement is true or not. The possibility can be that he was unemployed last year but stated himself as disabled to qualify for the SSDI. What would happen if its the case?



Again, as Lori has stated, an unemployed person can't furnish wage loss document and therefore shouldn't qualify for disability income protection. Isn't it true?
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PostPosted: Mon May 04, 2009 9:20 pm   Post subject:   

Lori is absolutely correct. In order to receive unemployment benefits, an individual must be able, willing, and actively pursuing employment. In fact, most states require a prospective job seeker to check in with the unemployment office and show documented proof of job seeking activities. Somebody that is unable to work would be fraudalently collecting unemployment benefits.

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PostPosted: Thu Jul 29, 2010 7:43 am   Post subject: Drawing UI while waiting on SSDI approval  

I have been drawing Arizona UI since July 2009 after being laid off from my job of 5 years. I have been looking for work all along but 2 months ago my permanent lower back condition flared up severely and after not being able to find a suitable work position...I applied for SSDI. I have been approved for disablity but after filing for SSDI I continued to file my unemployment claims and look for work that I may be able to do regardless of what happens with SSDI because they do want you to continue working while on SSDI. My question is...at what point if any...I recently stopped filing my UI claim but am curious as to if I should have stopped filing UI in order to not be looked upon as fraudulent? Also if awarded retro pay through SSDI...will UI take the entire amount for back pay or will it be based on my date of filing or from the date of being deemed disabled? Thanks for your help. Smile


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PostPosted: Fri Aug 06, 2010 5:19 am   Post subject: Unemployment and SSDI  

I was trying to find out the answer, to your question. It's about the same problem, a friend of mine is currently going through. Unemployment has sent him a letter and he's not sure what to do.


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PostPosted: Sat Aug 07, 2010 6:17 pm   Post subject:   

Quote:
because they do want you to continue working while on SSDI.




Incorrect. You must not be able to "perform any substantial gainful activity" in order to be eligible for Social Security Disability benefits. There is a "trial" program that allows you to work and earn a limited amount of money in order to prove that you cannot earn at least the $1080 minimum monthly income that would disqualify you from receiving benefits at all.



Quote:
Unemployment has sent him a letter and he's not sure what to do.





What is the letter telling or asking your friend to do? It would probably be a good idea to comply with that letter.


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PostPosted: Thu Feb 24, 2011 12:55 am   Post subject: Texas UI benefits and SS Disability  

I am faced with some of these same questions. I was laid off from my job in March of 2010 and collecting Texas unemployment benefits since. I have MS and DARS is paying for me to go back to get my teachers certificate. Upon the advise of my DARS counselor, I applied for SSDI and just found out that I was approved. I was told that SSDI will backpay me from August of 2010. This totals approximately $20k. I am an un-sure what to do at this point?? I have no problem stopping Texas UI benefits but I am scarred that they will come after me for money that I owe them. Please let me know what I should do.


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PostPosted: Thu Feb 24, 2011 7:10 am   Post subject:   

First things first. Unless you are describing the total family benefit, you will not be receiving upwards of $20,000 for SSDI over the past 5-6 months -- that amount far exceeds the individual maximum monthly SSDI benefit, so I don't know how you were led to believe what amount you will receive. The maximum retroactive period is not more than five months after the date of your disability, or the actual date of filing for SSDI, whichever is longer, if your disability is determined to have preceded your application date.



The current maximum SSDI benefit to you is $2245/mo. A family benefit (spouse caring for a minor child under age 16, and/or children under age 18 ) will not exceed $3945/mo. Your benefit is determined on the basis of your "Primary Insurance Amount" (PIA), but the total family benefit, including your benefit, cannot exceed about 175% of your PIA.



If you were capable of working, and were actively seeking work, then the UI benefits you received were not obtained through fraud or deceit, so no real problem there. Nothing prevents you from filing for SSDI (78% of all new applications are denied). After 24 consecutive months of receiving SSDI payments, you will automatically be enrolled in Medicare Part A and may begin paying the Medicare Part B premium if you choose to do so (it will be deducted from your SSDI payment).



Is the State of Texas entitled to a refund of UI benefits paid to you? Perhaps. You cannot be unemployed AND disabled -- the two are mutually exclusive when it comes to collecting unemployment insurance benefits. If they even choose to pursue a collection effort to recover money paid to you, there will be an administrative process you can use to appeal their efforts, and possibly get them to waive the amount, or agree to an extended repayment plan if nothing else.



You should not expect them to be cold-hearted and uncooperative. You should probably voluntarily terminate your UI benefit. Money payable to your spouse or minor children is not recoverable under any circumstances (except by Social Security in the event of an overpayment of your benefit).



But wait for them to make the next move. If they don't . . . Smile



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PostPosted: Sun Mar 20, 2011 9:04 pm   Post subject: ssdi and unemployment  

I filed for disability november 2009. I just got approved. March 18 2011. They said that the unemployment did not effect their decision for the amount or getting approved. I am getting back pay in the amount of 35000. I cant believe it. When social security called I thought it was a scam so I quizzed him to make sure. I had my lawyer call them to make sure it was true. Even my lawyer was shocked. I had already been denied once. I said I was disabled from jan 2007 but they are going back 24 months. I had just about given up and was forced to look for some kind of work. I have forgotten all about my claim. I havent told really anyone about the money so it feels good to even write about it. My point is that SSDI does not at least in RI take UI into consideration. Not for me anyway. thanks for listening. Very Happy


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PostPosted: Sat Jul 23, 2011 6:20 am   Post subject:   

I'm on the same boat. I recently applied for SSDI and I've been collecting UI. I went to the SS office and applied in person. Before doing it, I was up front and told the claim's officer that I was collecting UI. He told me to keep on collecting since the claims take about 4 to 5 months. He said that UI doesn't affect your eligibility. But, if your claim gets approved, you have to cancel the UI benefits. That's all he told me. I live in California so I don't know if this applies to any other state. Good luck to all of you.


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PostPosted: Mon Jul 25, 2011 3:07 pm   Post subject:   

Disability benefits would not be effected simply by receiving unemployment benefits, it's not true the other way around. In order to receive unemployment benefits you have to be able to work and actively looking for employment.



Do you potentially have a bit of a red flag receiving unemployment while applying for SSDI, yup. The process takes a while as you've already been told. Be prepared for a decline (they usually decline the first application just because) you'll then have to wait and reapply. That's the SSDI game. It's more about persistency than it is actual qualification. But then again, what in life isn't?

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