disabilty and unemployment in South Carolina

Submitted by Anonymous (not verified) on Sat, 09/29/2012 - 12:30

I recently was approved for SSDI .My job shut down in 01/10 i drew my 99 weeks unemployment and was seeking work after a major surgery in 12/09.After all my unemployment was finished and my health issues were not getting any better in 03/12 i applied for my SSDI and was approved in 09/12 .My ? is the SSA placed mt onset date at the time my job shut down an it appears that their will be some back pay for a few of the months i was recieveing the unemployment .Since i applied after i was not drawing UI do i have to repay the state for the balance on those months .I've been told that sometimes you do and sometimes you don't .I do not want to spend anything and then later they come back and say you owe us $. Does anyone here know about this process in South Carolina because the SSA worker said to check with the state each is different.I would sincerly appreciate any help on this matter

Posted: 30 Sep 2012 12:32 Post Subject:

Technically, one cannot be disabled and be unemployed at the same time. The state is legally entitled to recover UI benefits it expended on your behalf if you were disabled, but whether it chooses to do so or not is something you will have to ask them about.

If you had a caseworker to whom you were assigned while collecting UI benefits, talk to him/her about it. If not, just speak to someone at a DEW office. On their website, they do say this:

If you are found to be overpaid for benefits, DEW employs several measures to recoup the outstanding debt, including wage withholding, intercepting state income tax returns, and intercepting federal income tax returns.

Probably want to do things right. You may be able to repay what you owe in installments rather than a lump sum.

However, being determined as disabled prior to your filing date simply permits you to be paid SSDI benefits retroactive to your filing date, but not normally to your disability date (in most cases you cannot be paid for a period of disability prior to the date you first file for benefits). So the amount you may owe to the state won't be as much as you might be thinking -- or if your UI benefits terminated before your 03/12 filing date, you probably won't owe anything at all.

Consider yourself very fortunate to have been found disabled by SSA on your first application. In most years, almost 80% of all first-time SSDI applications are denied. Of those denials which are appealed, almost 90% are eventually awarded SSDI benefits. Which means that about 60% of all claims for SSDI should be approved on first application, not 20%.

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