Collecting both unemployment and disability

Submitted by Anonymous (not verified) on Tue, 10/16/2012 - 07:31

Can anyone collect Unemployment and disability benefits at the same time?

Posted: 16 Oct 2012 07:00 Post Subject:

NO! To receive unemployment insurance benefits, one must be available for work and actively looking for work. To be disabled means you are unable to work. So, how can you be disabled and unemployed at the same time?

Posted: 17 Oct 2012 05:37 Post Subject: Collecting both unemployment and disability

Yes, I agree with the above reply. If you receive unemployment benefits and disability benefits at the same time, one or both may claim overpayment and require repayment of benefits.

Posted: 19 Oct 2012 07:12 Post Subject:

one or both may claim overpayment and require repayment of benefits.


You cannot be overpaid by both. One or the other only. The one most likely to demand repayment is Unemployment Insurance, since those are federal dollars.

Posted: 24 Oct 2012 01:10 Post Subject:

To be disabled means you are unable to work.



Again, Max is wrong. To be disabled means...well it means whatever the contract says it means. One can be working while disabled. One can be looking for work while disabled.

Mr. Smith is a CPA. He gets hurt and can't be a CPA any more. He has a good disability policy that pays him $5,000/month. Ultimately, he is able to find work doing something else. He continues to get $5,000/month from his disability policy while earning money from his new job. He gets laid off from the new job. He qualifies for unemployment while collecting disability.

If we are talking about social security disability, it is possible, but it would take a very strange fact pattern.

Posted: 24 Oct 2012 01:24 Post Subject:

If we are talking about social security disability, it is possible, but it would take a very strange fact pattern.


Go ahead, tell us, what the "very strange fact pattern is", We're waiting with bated breath.

As for your other example, UI benefits -- a federal program administered under state auspices -- have an offsetting mechanism. Benefits from any form of disability income insurance or wages from any form of employment (even if only one hour per week) offset the weekly UI payment. Your example fails because the $5,000 per month "income" benefit from the "good disability policy" more than offsets the maximum benefit available in a month. (What might be true is that the DI benefit might not be reduced by other income -- but that wasn't your example.)

The purpose of the offset is to free up the limited amount of UI resources for those who could really benefit from them. The person with a $60,000 tax-free income . . . equivalent to a $85,000-$90,000 taxable wage does not need the UI money.

You get an B+ for your effort and a D- for substance (same as Romney and Obama -- you fail to answer the question by shifting the conversation to a different topic: it sounds good but makes no sense). You'll get extra credit for your SS answer if it's correct.

Posted: 24 Oct 2012 02:44 Post Subject:

Max, in doing my research, I see nothing that requires an offset with a private tax free disability benefit that has nothing to do with the current job. Can you give me a link to anything that shows that I'm wrong? I would appreciate it. I could certainly be wrong about this and I freely admit to my lack of expertise.

Even if I'm wrong about this, your answer to the question: "Can anyone collect Unemployment and disability benefits at the same time?", is still incorrect.

NO! To receive unemployment insurance benefits, one must be available for work and actively looking for work. To be disabled means you are unable to work. So, how can you be disabled and unemployed at the same time?



As you should know, being disabled does not mean not being able to work.
Ex. Jim receives a $200/month monthly disability benefit from a job long ago. He is laid off from a new job. If your last post is correct, there may be an offset, but he is still collecting both disability and unemployment at the same time.

Posted: 24 Oct 2012 03:07 Post Subject:

Go ahead, tell us, what the "very strange fact pattern is", We're waiting with bated breath.



The following article has just such a fact pattern. It centers around the fact that one can collect on social security while still working if they are not able to earn enough such as a CPA who gets sick/hurt and then can only work part time for minimum wage.

Additionally, it agrees with me that there is nothing about a private disability benefit that would prevent someone from collecting unemployment insurance if they are able and willing to work. If you have something showing that I'm wrong, please show it. If I'm correct, please admit it for once.

uponfurtherreview.philadelphiabar.org/page/Article?articleID=8d324196-1876-480c-aa96-4188a711f4c8

Posted: 24 Oct 2012 03:14 Post Subject:

Your link doesn't work. Repost it properly by copying the complete URL from your browser and pasting it here.

As for unemployment claims, each state has the ability to set its own rules, so some part of my response may not be applicable in all states. But the fact remains, a person with a $60,000 tax free income really doesn't need a UI benefit.

Posted: 24 Oct 2012 04:26 Post Subject:

I can't post links. Google "Double Dipping: Unemployment Compensation and Other Benefits". It will probably be the first link.

But the fact remains, a person with a $60,000 tax free income really doesn't need a UI benefit.



That's a meaningless fact. First of all, it is an opinion. We can change it to $12000 or some other amount if you'd like. Secondly, it doesn't matter if they "need" it or not. The question is whether they are legally entitled to it.

If you have information from any state that shows that they aren't legally entitled to it, please share it. I can't find any.

Posted: 24 Oct 2012 10:27 Post Subject:

I can't post links


Gee, that's too bad. It's a simple pair of CTRL+C / CTRL+V keystrokes.

Posted: 25 Oct 2012 11:33 Post Subject:

Hey, Max, I guess that you are still having reading comprehension problems. Did I say that I didn't know how to post links? the forum software doesn't allow guests to post links. I guess that you would prefer to think that you are correct than to look at information that contradicts your extraordinary knowledge base.

Posted: 26 Oct 2012 12:46 Post Subject:

the forum software doesn't allow guests to post links.


Really? We have guests posting links all the time.

But as for your CPA with a really good disability policy . . . that's not the person who's asking the question. The original question was "Can anyone collect . . ." And the answer to that is no. "Anyone" cannot. Maybe a few mythical unemployed CPAs with "really good" disability policies, if they can afford the premiums on their salaries as unemployed persons.

Posted: 26 Oct 2012 01:21 Post Subject:

Max,

Don't confuse "anyone" and "everyone". He was asking if it was possible. The answer is "yes".

This isn't just a few "mythical" CPAs. This could be anybody with a good white collar disability policy who chooses to work in another occupation. If they can't do their occupation, and they have a "true own occ" definition of disability, they are totally disabled regardless of how much money they are making doing another occupation.

If they have a "modified own occ" definition of disability and are doing another occupation, they will still be considered disabled (for less than the full benefit) if they are making less money.

So, if someone has a good individual disability contract it is most certainly possible for them to collect unemployment and disability at the same time.

Can the OP collect both? We don't know. Can some people? Yes. It comes down to the fact that one can be "disabled" AND able to to work.

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