Rules for Drawing Social Security disabilty or applying in Vet Social Security Issues- SSDI SSI Forum

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Rules for Drawing Social Security disabilty or applying

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sgmdae	Rules for Drawing Social Security disabilty or applying		Lead	[-]
Posts: 620 Jan 27 10 2:41 PM	Can you be drawing unemployment and apply for Social Security disability I am not clear on the rules and law, Can some Help please I need to get a answer for a Veteran who is drawing Veterans Disability, and unemployment
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RustyShackleford		#1	[url]	[-]
Posts: 2598 Jan 27 10 2:45 PM	disregard Edited 1 time by RustyShackleford Jan 27 10 2:58 PM.
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The Old Medic		#2	[url]	[-]
Posts: 6036 Jan 27 10 2:48 PM	If you are drawing unemployment, you are NOT eligible for SSDI or SSI. The reason is, to draw unemployment, you have to swear that you are actively looking for, able to perform and would accept employment. If you are looking for employment, by definition, you are not disabled. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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RustyShackleford		#3	[url]	[-]
Posts: 2598 Jan 27 10 2:58 PM	The Old Medic wrote: If you are drawing unemployment, you are NOT eligible for SSDI or SSI. The reason is, to draw unemployment, you have to swear that you are actively looking for, able to perform and would accept employment. If you are looking for employment, by definition, you are not disabled. good point.
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sgmdae		#4	[url]	[-]
Posts: 620 Jan 27 10 3:08 PM	Old Medic I do understand that you can't draw both But can you apply and when approved stop drawing your unemployment Actively seeking is not a issue but not able to work are the issues with this individual, he willing and wants to but not having any luck
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Cb1984		#5	[url]	[-]
Posts: 560 Jan 27 10 3:26 PM	sgmdae wrote: Actively seeking is not a issue but not able to work are the issues with this individual, he willing and wants to but not having any luck If he's willing and wants to work then why is he applying for ssdi? I guess it depends on your definition of willing, dictionary says "acting or ready to act gladly".
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jdave		#6	[url]	[-]
Posts: 6596 Jan 27 10 5:07 PM	There is no statute that forbids the receipt of unemployment whilst applying for DIB. In my 30 years with SSA I would always point out to someone who inquired the somewhat dishonest appearance that doing so might suggest but that it wasn't illegal. While benefits under Title II of the SS Act, and Unemployment are all part and parcel of THE Social Security Act, there is no interface between the two. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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chicagobob25726		#7	[url]	[-]
Posts: 3094 Jan 27 10 5:20 PM	CAN HE WORK!!!!!??? "The NAVY CHIEF IS ALWAYS RIGHT" CPO "INITIATED AND PROUD" 100% I.U/P&T/Combined 80% 70% G.A.D/MAJOR DEPRESSION 30% Headaches 10% Back 10% Knee
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jdave		#8	[url]	[-]
Posts: 6596 Jan 27 10 5:43 PM	The amount that defines "substantial gainful activity" just went to $1000 monthly. If an individual is not working in SGA then, of course, there's no reason not to continue while applying for, and receiving, DIB. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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The Old Medic		#9	[url]	[-]
Posts: 6036 Jan 27 10 6:25 PM	If you go into an ALJ hearing, one of the questions frequently asked is: "Have you received unemployment benefits?" If the answer is yes, the Judge will either deny your claim outright, or they will adjust your disability date until after you stopped receiving unemployment. When you file for unemployment benefits, you certify, under oath, that you are available for work. If you are applying for DIB, then you are either fraudulently receiving unemployment, or you have a fraudulent claim for disability. It is one or the other. In addition, I know of 3 Judges that reported claimants to their state employment service for fraud. You are NOT allowed to draw unemployment if you are unable to work. That IS a violation of the law, and the penalties can be harsh. So, can you do it? Yes, but if you are caught, you COULD find yourself in jail. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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Wpdirect	Direct from SS web site	#10	[url]	[-]
Posts: 512 Jan 28 10 12:14 AM	http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=1705&p_created=1213117641 Can I receive Social Security benefits and Unemployment Insurance benefits at the same time? ANSWER: Unemployment Insurance benefits are not counted under the Social Security annual earnings test and so do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Railroad Retirement benefits. You may wish to contact your state unemployment office for information on how your state applies the reduction. You can find contact information at the following Internet address: http://workforcesecurity.doleta.gov/map.asp I would also recommend that this Social Security Memo from 2006 be read http://www.socialsecurityinsider.com/wp-content/uploads/nosscr-nov-2007-unemployment-insurance-memo.pdf I would be willing to bet the 3 cases you say the judge turned them in for fraud there was more going on than you were aware of... WP SEZ: Nothing is normal at the VA and whats correct today may be wrong tomorrow , Edited 4 times by Wpdirect Jan 28 10 12:41 AM.
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amh1970		#11	[url]	[-]
Posts: 83 Jan 28 10 9:35 AM	I got unemployment while I was waiting to be awarded my SSDI. the judge asked me about it when I went for my hearing. He asked what employer made me eligible to receive mine. He then asked how many weeks I had left. I have tried to look for work since I applied for SSDI. I really would rather work then get this stuff....but for me like most others the combination of health issues makes that impossible as we all know. From my understanding the only negative thing about getting unemployment while waiting for Social Security is If you applied for SSI then from what I was told you would not get back pay if you get SSI....but with SSDI there is no effect either way. It is also my understanding that once you are approved you can't get anymore weekly checks from unemployment.
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Cavtrooper088	Called social security office	#12	[url]	[-]
Posts: 235 Jan 28 10 4:33 PM	I called the social security administration this morning and asked if a person could file for SSDI while drawing unemployment. They said that you could draw unemployment and file for SSDI, but that you could not draw unemployment after you were approved for SSDI. Cavtrooper088
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jdave		#13	[url]	[-]
Posts: 6596 Jan 28 10 7:11 PM	I think you got someone's opinion. Call your state unemployment people and ask them. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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Patrick428		#14	[url]	[-]
Posts: 5218 Jan 29 10 12:39 AM Go Tar Heels! Closet Vols Fan	If my understanding is correct the law does state if you draw unemployment you must state your eligible for work. UI has no provision or definition for participating in substantial gainful employment. The requirement for Unemployment is you must make (in most states) at least 5 contacts per week. So if you worked for a factory that closed down and it is like where I live 60 miles from any major city, those 5 contacts will not be easy to come by. Plus, the Unemployment people cannot make you seek employment out of your area of expertise, nor can they make you travel distances that are unreasonable to seek employment. So if you were a machine fixer in a plant that closed, they cannot tell you to apply for a teacher's position at the grade school, or go to Raleigh which is 4 hours away from here to look for work. For work search purposes you must do all this at the State Employment Securities Office and sit with a counselor at which time he/she will provide you with an occupational code which is usually 9 digits long and that code will be the individuals guide for seeking work. Veterans do get priority on all job listings. If my mind is working correctly, when you file for SSDI, the date you file is the date you are saying to the SSA people when you became disabled. I know quite a few people who are on SSDI who were also getting Unemployment benefits. We are one of those counties who had 23 plants and now we have just 1 left. Our unemployment rate is about 18% based on UI benefits, but in reality it is more like 25% as many have ran through all the benefits they were allowed. Patrick
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cfeltsrn		#15	[url]	[-]
Posts: 2 May 9 11 12:56 PM	I have a hearing in a couple of weeks and I need data to back-up my case. I received unemployment benefits for some of my waiting period for a SSDI appeal. Do you have info that I can use to substantiate my receipt of UI benefits? My lawyer needs info to help protect my case and back payment.
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The Old Medic		#16	[url]	[-]
Posts: 6036 May 9 11 3:04 PM	If YOU received unemployment, then YOU have those records. You should have kept the information in your files, because unemployment is taxable income. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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daboyant		#17	[url]	[-]
Posts: 39 May 9 11 4:27 PM	True, either your unable to work or able. I would stop collecting unemp-bene's
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