Drawing unemployment and Found Disabled in Vet Social Security Issues- SSDI SSI Forum

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Drawing unemployment and Found Disabled

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sgmdae	Drawing unemployment and Found Disabled		Lead	[-]
Posts: 620 May 28 10 8:34 AM	If you finaaly are found disabled, and drawing unemployment. What do you do next. I have look for this in every forum or web site possible. My uncle didn't know if it will ever be approved, so he applied for unemplyment, by the advice of SSA, and now what??? E 2/501st ABN Recon Platoon 100% PTSD Permanent 20% right ankle 20% left ankle 10% right knee 20% right Shoulder 10% tinnitus
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tankgunner95		#1	[url]	[-]
Posts: 34 May 28 10 8:49 AM	When I do my weekly thing for unemployment it ask me, has there been any change to your Social Security/Disability, so I assume your aloud to draw both. Someone smarter then me will come along who knows though Im sure IF YOU AINT CAV YOU AINT SH!T.......
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vetforus		#2	[url]	[-]
Posts: 3003 May 28 10 9:42 AM	If you finaaly are found disabled, and drawing unemployment. What do you do next. I have look for this in every forum or web site possible. My uncle didn't know if it will ever be approved, so he applied for unemplyment, by the advice of SSA, and now what??? I look forward to an expert answer on this. It would lead me to believe if you're on SSDI you can't draw Unemployment. To draw unemployment you have to actively be looking for work to receive their benefit. If you're able to look for work and draw a unemployment check then you are able to do some type of work. I'm not saying you're uncle can work, I don't know him. All I'm saying is how can you draw a unemployment check when you are required to look for work when a person is found disabled and can't work? My opinion is you can't draw both. Again JMO, I'll defer to an expert. You paid a price, you deserve to be compensated. Thank you for your Service.
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sgmdae		#3	[url]	[-]
Posts: 620 May 28 10 10:08 AM	This is confusing, everything is up in the air. I look at it this way, you think your disable so you apply for SSD. Yet you need a income, so you try to find work until someone determines your Disabled You work, get terminated, but elgible for Unemployment. You receive it!. now out of the Blue you get a SSD award letter. I don't think you can draw both, but what is the law, and where do you find it Thank for any information E 2/501st ABN Recon Platoon 100% PTSD Permanent 20% right ankle 20% left ankle 10% right knee 20% right Shoulder 10% tinnitus
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vetforus		#4	[url]	[-]
Posts: 3003 May 28 10 11:21 AM	Here I found some more info, this should help: http://vets.yuku.com/topic/38296/t/Rules-for-Drawing-Social-Security-disabilty-or-applying.html You paid a price, you deserve to be compensated. Thank you for your Service.
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The Old Medic		#5	[url]	[-]
Posts: 6046 May 28 10 11:42 AM	It is blatantly illegal to draw unemployment and SSDI at the same time. in order to draw unemployment, you have to certify that you are available and capable of working. If you are drawing SSDI, it is on the basis that you are too disabled to work. To draw both at the same time is fraud, and subjects you to both Federal and State prosecution. And frankly, you should be prosecuted for doing this. 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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sgmdae		#6	[url]	[-]
Posts: 620 May 28 10 12:32 PM	you are correct, I talk to Unemployment and they told me exactly what the law states, much as you say, you can't draw a penny of SSD, and unemployment at the same time. My question has been answered, my uncle needs not certify for any more unemployment At this time is has been legal, but when checks do start coming in, he must stop E 2/501st ABN Recon Platoon 100% PTSD Permanent 20% right ankle 20% left ankle 10% right knee 20% right Shoulder 10% tinnitus
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Tensor		#7	[url]	[-]
Posts: 223 May 28 10 3:50 PM	The Old Medic wrote: It is blatantly illegal to draw unemployment and SSDI at the same time. in order to draw unemployment, you have to certify that you are available and capable of working. If you are drawing SSDI, it is on the basis that you are too disabled to work. To draw both at the same time is fraud, and subjects you to both Federal and State prosecution. And frankly, you should be prosecuted for doing this. Medic, this might be of interest to you. When my lawyer and I were talking about the date of disability. I was laid off as of October of 2008 (due to my disabilities), but continued to receive my regular salary as a separation payoff until the end of May, 2009. I was getting unemployment until August of 2009. I quit taking unemployment at the time I applied for SSDI, the date was 1 August, 2009. My lawyer told me that when we went to the ALJ, she would press for the start date of October, 2008. I questioned that as I was receiving money from my previous employer until may and unemployment until August. She told me she had just had a case, similar to mine, where the start date was the last date of work, even though the person was receiving a payout from the previous employer and unemployment. She said the person hadn't worked since being released from his previous job and the payment from that job were not payment for work. In the case of unemployment, although he stated he was able to work, SS found him disabled at the time he would have been receiving SSDI . Now, I want to emphasize (and my lawyer said) that you should not state that you are able to work for Unemployment and have an active claim for SSDI at the same time. This is definitely illegal, as you are stating you are both able and disabled. Let your lawyer work the start date to the time while you were getting unemployment. corrected an incorrect date. SC 90% IU P&T SSDI Awarded Edited 2 times by Tensor May 28 10 10:40 PM.
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The Old Medic		#8	[url]	[-]
Posts: 6046 May 28 10 6:28 PM	If it is discovered that you are pursuing a claim for unemployment, while filijng for SSDI, you jeopardize your SSDI, AND you lay yourself wide open to criminal charges. I don't care what some slick attorney says, he is not the one that would go to jail. The law is clear. You can not draw unemployment (as you must certify by sworn statement that you are available and ready to take employment), and at the same time claim to be so disabled that you can not work. Your attorney gave you some VERY bad advice. i have seen people prosecuted for this, in Idaho, Utah, Oregon and California. 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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StoneyAF		#9	[url]	[-]
Posts: 156 May 28 10 7:09 PM	Even collecting unemployment prior to being found disabled by Social Security doesn't sound that common or probable. Even if there are some lawyers who can work the effective date of being disabled I doubt it happens often. My first Question would be what illness caused you total disability while drawing unemployment and just prior to your Social Security award. I'm not saying it couldn't happen but I would think it would be a very small number of folks this would happen to. I'm just reflecting on how I went 20 months without a cent to live on and knew without a doubt I couldn't work. An unemployment check would of really helped but I was informed without being actively able to work I didn't qualify.
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Tensor		#10	[url]	[-]
Posts: 223 May 28 10 10:20 PM	The Old Medic wrote: If it is discovered that you are pursuing a claim for unemployment, while filijng for SSDI, you jeopardize your SSDI, AND you lay yourself wide open to criminal charges. I don't care what some slick attorney says, he is not the one that would go to jail. The law is clear. You can not draw unemployment (as you must certify by sworn statement that you are available and ready to take employment), and at the same time claim to be so disabled that you can not work. Your attorney gave you some VERY bad advice. i have seen people prosecuted for this, in Idaho, Utah, Oregon and California. Medic, reread what I wrote. At no time did my attorney say to file for unemployment while perusing a claim. In fact, I said this: "I quit taking unemployment at the time I applied for SSDI, the date was 1 August, 2009." What my attorney may try to do is to have my date of disability backdated to when I was laid off. Another client of hers was awarded a back dated claim to the time the person was fired (due to disability) and while the person was getting unemployment. SS knew that at the time they awarded the earlier date of disability and explained the reasoning behind this as although the person claimed they were able to work, the evidence showed they were not, in fact, able to work. SC 90% IU P&T SSDI Awarded Edited 1 time by Tensor May 28 10 10:38 PM.
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Tensor		#11	[url]	[-]
Posts: 223 May 28 10 10:37 PM	StoneyAF wrote: Even collecting unemployment prior to being found disabled by Social Security doesn't sound that common or probable. Even if there are some lawyers who can work the effective date of being disabled I doubt it happens often. My first Question would be what illness caused you total disability while drawing unemployment and just prior to your Social Security award. I'm not saying it couldn't happen but I would think it would be a very small number of folks this would happen to. I'm just reflecting on how I went 20 months without a cent to live on and knew without a doubt I couldn't work. An unemployment check would of really helped but I was informed without being actively able to work I didn't qualify. The whole problem Stoney is when are you considered disabled? I was continuing to try to find work until 1 Aug 2009. At that time, I quit trying to find work and filed for SSDI and IU. I honestly thought I could work, up until my psychiatrist said he didn't think I was able. VA found me IU dating back to June of 2009. So, should I have been looking for work during June and July? After all, the VA had declared me IU. But, I didn't find out about it until November. How was I to know that the VA had found me IU and I shouldn't have been looking for a job? SC 90% IU P&T SSDI Awarded
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bronxvet		#12	[url]	[-]
Posts: 41 May 29 10 6:44 AM	Doesn't SSA want us to start looking for gainful employment. In theory they want us to get better and look to transition to something else. My feeling is that as long as you draw SSDI it is expected you look for employment gradually. Do they not have programs and trial periods. However if a veteran is IU or PT then they are seen as not fit to rejoin the workforce.
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The Old Medic		#13	[url]	[-]
Posts: 6046 May 29 10 7:48 AM	You are dealing with two totally different programs. One is a strictly Federal program (SSDI) and the other is a joint State/Federal Program (Unemployment). They have very, very different rules. In order to collect unemployment, you have to sign a binding statement that you are ready and able to accept employment if offered. You can NOT be ready and able to accept employment, if you are claiming to another agency that you are so disabled that you can not work in any capacity, which is what you do when you file for SSDI. If you can go out and seek gainful employment, you are not disabled. It is that simple. SSDI is not just a program to replace your income. It is a program to keep you from starving because you are so disabled that you simply can not work in any meaningful way. You can do what you want, but the law is very. very clear. You can NOT legally draw unemployment for any period of time that you are claiming that you are 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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Tensor		#14	[url]	[-]
Posts: 223 May 29 10 8:53 AM	The Old Medic wrote: You are dealing with two totally different programs. One is a strictly Federal program (SSDI) and the other is a joint State/Federal Program (Unemployment). They have very, very different rules. In order to collect unemployment, you have to sign a binding statement that you are ready and able to accept employment if offered. You can NOT be ready and able to accept employment, if you are claiming to another agency that you are so disabled that you can not work in any capacity, which is what you do when you file for SSDI. If you can go out and seek gainful employment, you are not disabled. It is that simple. I never did this. As I pointed out in my first post : "Now, I want to emphasize (and my lawyer said) that you should not state that you are able to work for Unemployment and have an active claim for SSDI at the same time. This is definitely illegal, as you are stating you are both able and disabled." In my case, I quit filing for unemployment the week I filed for unemployment, so there was no conflict in my case. The Old Medic wrote: SSDI is not just a program to replace your income. It is a program to keep you from starving because you are so disabled that you simply can not work in any meaningful way. You can do what you want, but the law is very. very clear. You can NOT legally draw unemployment for any period of time that you are claiming that you are disabled. Yes, but what happens when you claim you are able and the agency you are dealing with (VA or SSDI) back dates your claim to a time when you were receiving unemployment, because they think, from the medical evidence that you were already disable, when you were still looking for work and receiving unemployment? Using the logic that just because someone states they are not disabled, doesn't exclude the possibility that they are disable. This is what my lawyer won for another client. She provided evidence that that particular client was disable, even though he continued to look for work. It was only after he quit looking for work that he filed for SSDI. And also, let me stress again: DO NOT HAVE A OPEN SSDI CLAIM AT THE SAME TIME YOU ARE COLLECTION UNEMPLOYMENT, AS THIS IS ILLEGAL AND YOU RUN THE RISK OF BEING CAUGHT AND PROSECUTED. SC 90% IU P&T SSDI Awarded
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sgmdae		#15	[url]	[-]
Posts: 620 Jun 1 10 9:49 AM	I don't doubt the information that has been posted on here. My question if this easy post it, where is the law and reference to the above. I know personally if you look through these post, someone is getting bad advice. Just last Friday, I was told by a TN unemployment Rep, that you can draw both a SSD check and unemployment check at the same time. So I said what doesmy uncle need to do. He said make sure he doesn't certify for any part of the period, he draws a SSD check. He will get caught when he files Taxes. So....if anyone knows the reference to the law, that states this please provide. So far all I can find is verbal opinion or thry could be facts. I agree with all the ones stating their case, it all makes sense. E 2/501st ABN Recon Platoon 100% PTSD Permanent 20% right ankle 20% left ankle 10% right knee 20% right Shoulder 10% tinnitus
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witchdoctor		#16	[url]	[-]
Posts: 11387 Jun 1 10 10:20 AM	It sounds like the TN rep was talking about an Old Age and Survivors Insurance. A lot of folks are confused about the various SSA programs: SSDI - Social Security Disability Insurance - totally disabled -- unable to pursue substantial gainful employment. OA&SI - "normal Social Security retirement" - eligible at age 62. SSI - Supplemental Security Income -- designed to help aged, blind, and disabled people, who have little or no income from any source and do not qualify for SSDI or QA&SI. Member-at-large: Disturbed Veterans of America.
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The Old Medic		#17	[url]	[-]
Posts: 6046 Jun 1 10 11:06 AM	SGMDAE: You are confusing regular Social Security Retirement benefits with Social Security Disability Insurance. In order to draw SSDI, you have to be so disabled that you can not work, or have one of the conditions that are automatically accepted as making you disabled. You can not work, to any significant degree, without losing SSDI benefits. Regular Social Security benefits allow you to work. If you are under the appropriate age, you will lose one dollar of benefits for every two dollars you earn (over a certain limit). But you can, once you reach full retirement age, work full time and receive Social Security benefits at the same time. 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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cfeltsrn		#18	[url]	[-]
Posts: 2 May 9 11 2:36 PM	With SSDI it clearly states that a person can qualify for Social Security Disability benefits - even though he or she remains capable of performing SOME work. To qualify for unemployment benefits you must actively seek some type of work - it is not limited to full time, part time, or temporary. If you are waiting 2 1/2 years for a disability case that may or may not be approved, why wouldn't you receive unemployment benefits, when you are entitled to them as per their guidelines? Disability does not mean unable to work - it means unable to maintain work at a "substantial gainful activity level" (generally full time work). Read the guidelines for each. "Unemployment insurance benefits are not counted under the Social Security annual earnings test and therefore do not affect your receipt of Social Security benefits".
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classsi		#19	[url]	[-]
Posts: 621 May 9 11 8:30 PM	I have no way of knowing if it works the same way or not.....but I have a nephew that was drawing unemployment and had a claim in for workman's comp (he was not yet drawing it)..........when the L&I folks approved his WC claim they got with the Employment folks and he had to pay back every dime he drew in unemployment during the time that also fell under the workman's comp claim. More than a bit of a bummer for him too cause his workman's comp paid less than his unemployment........he was not given a choice to change the date or opt out of the L&I claim.
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MrB		#20	[url]	[-]
Posts: 58 Feb 17 12 4:09 PM	google this: Unemployment, Welfare, and Social Security Disability/SSI Benefits: How They Affect One Another cfeltsrn is correct. "unable to secure gainful, meaningful employment".. is the key here. i was approved for both IU and ssdi while on unemployment.... i will list a few paragraphs here. I know this is an old post, but there are too many "opinions" that don't qualify as hard answers. I hope this help those who are looking. Are there other unemployment programs and resources that can help me? Other programs are also available through the Unemployment Insurance Division. If you were eligible for unemployment benefits, but became disabled after becoming unemployed, you may be eligible to receive benefits from the Disability During Unemployment Program . If you are employed but have become temporarily unable to work due to an illness or injury not caused by the job, you may be eligible to receive benefits through the Temporary Disability Insurance Program. If you think you may be eligible for one of these programs, you should contact your local unemployment office. How does disability/work status affect an SSI/SSDI claim? u must meet a specific disability definition in order to be approved for benefits. You must be unable to engage in “substantial gainful work activity” because of a mental and/or physical disability that has lasted, or will last, for at least 12 months. With some limited exceptions, you normally cannot do substantial work during the first 12 months that you claim you were disabled. Once you are receiving SSI or SSDI benefits, if you want to try to return to work, there are work incentive programs. These programs sometimes allow you to keep getting benefits for a time while you test your ability to work. Other programs allow you to receive free vocational rehabilitation services, or keep Medicare/Medicaid coverage even after you have returned to work and stopped getting cash benefits. Confidential and free benefits planning services are available to explain these programs and how work might affect your benefits. Call NJWINS (1-877-659-4672) or visit their Web site, *www.njwins.org* This service can provide you with important information about your ability to work and receive benefits. You can file an application for SSDI or SSI benefits at the local Social Security office or by telephone at 1-800-772-1213 (TTY 1-800-325-0778). You can file an SSDI application online at *www.socialsecurity.gov*. If You are Receiving Unemployment and SSDI/SSI Medical considerations. The Social Security Administration and the Unemployment office can and will share information when they determine eligibility. If you apply for both, you must be ready to explain how you will be able to comply with unemployment’s work requirements while also claiming a disability. Examples of situations where it might make sense to file both claims include: 1. If you become disabled after becoming unemployed, or become unable to work 2. while employed due to an illness or injury not caused by the job; 3. If you are unsure whether you can hold a job, you might apply for both programs, with the intention of dropping one once your disability status is clear. Applying for both would protect your rights with both programs, since benefits sometimes only begin with the date of application (not when you actually became unemployed or disabled). 4. if you think you can do some part-time, sheltered, or accommodated work that is less than what Social Security considers “substantial and gainful,” you might apply for both programs. Financial considerations. There are no financial requirements for SSDI, so unemployment benefits will have no financial impact on the receipt of SSDI. For SSI recipients, however, there are important considerations. SSI will consider unemployment benefits to be unearned income. All unearned income over $20 will be counted against your SSI check. This means that your SSI benefit will be reduced by one dollar for every dollar you receive in unearned income. As with welfare, SSI recipients are required by law to apply for any other benefit for which they might be eligible. If there is any question about your ability to work, you may also be required to file an application for unemployment benefits. hope this helps.
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