I have been collecting unemployment

by cnfusd » Fri May 01, 2009 05:41 am
Posts: 1
Joined: 01 May 2009

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?

Total Comments: 85

Posted: Fri May 01, 2009 09:09 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.

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.

Posted: Fri May 01, 2009 11:09 am Post Subject:

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.

Posted: Sat May 02, 2009 05:19 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.

InsTeacher 8)

Posted: 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?

Posted: Mon May 04, 2009 07:31 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.

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?

Posted: Mon May 04, 2009 09:20 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.

Posted: Thu Jul 29, 2010 07:43 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. :)

Posted: Fri Aug 06, 2010 05:19 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.

Posted: Sat Aug 07, 2010 06:17 pm Post Subject:

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.

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.

Add your comment

Enter the characters shown in the image.