I have been collecting unemployment

Posted: Thu Feb 24, 2011 12:55 am Post Subject: Texas UI benefits and SS Disability

I am faced with some of these same questions. I was laid off from my job in March of 2010 and collecting Texas unemployment benefits since. I have MS and DARS is paying for me to go back to get my teachers certificate. Upon the advise of my DARS counselor, I applied for SSDI and just found out that I was approved. I was told that SSDI will backpay me from August of 2010. This totals approximately $20k. I am an un-sure what to do at this point?? I have no problem stopping Texas UI benefits but I am scarred that they will come after me for money that I owe them. Please let me know what I should do.

Posted: Thu Feb 24, 2011 07:10 am Post Subject:

First things first. Unless you are describing the total family benefit, you will not be receiving upwards of $20,000 for SSDI over the past 5-6 months -- that amount far exceeds the individual maximum monthly SSDI benefit, so I don't know how you were led to believe what amount you will receive. The maximum retroactive period is not more than five months after the date of your disability, or the actual date of filing for SSDI, whichever is longer, if your disability is determined to have preceded your application date.

The current maximum SSDI benefit to you is $2245/mo. A family benefit (spouse caring for a minor child under age 16, and/or children under age 18 ) will not exceed $3945/mo. Your benefit is determined on the basis of your "Primary Insurance Amount" (PIA), but the total family benefit, including your benefit, cannot exceed about 175% of your PIA.

If you were capable of working, and were actively seeking work, then the UI benefits you received were not obtained through fraud or deceit, so no real problem there. Nothing prevents you from filing for SSDI (78% of all new applications are denied). After 24 consecutive months of receiving SSDI payments, you will automatically be enrolled in Medicare Part A and may begin paying the Medicare Part B premium if you choose to do so (it will be deducted from your SSDI payment).

Is the State of Texas entitled to a refund of UI benefits paid to you? Perhaps. You cannot be unemployed AND disabled -- the two are mutually exclusive when it comes to collecting unemployment insurance benefits. If they even choose to pursue a collection effort to recover money paid to you, there will be an administrative process you can use to appeal their efforts, and possibly get them to waive the amount, or agree to an extended repayment plan if nothing else.

You should not expect them to be cold-hearted and uncooperative. You should probably voluntarily terminate your UI benefit. Money payable to your spouse or minor children is not recoverable under any circumstances (except by Social Security in the event of an overpayment of your benefit).

But wait for them to make the next move. If they don't . . . :)

Posted: Sun Mar 20, 2011 09:04 pm Post Subject: ssdi and unemployment

I filed for disability november 2009. I just got approved. March 18 2011. They said that the unemployment did not effect their decision for the amount or getting approved. I am getting back pay in the amount of 35000. I cant believe it. When social security called I thought it was a scam so I quizzed him to make sure. I had my lawyer call them to make sure it was true. Even my lawyer was shocked. I had already been denied once. I said I was disabled from jan 2007 but they are going back 24 months. I had just about given up and was forced to look for some kind of work. I have forgotten all about my claim. I havent told really anyone about the money so it feels good to even write about it. My point is that SSDI does not at least in RI take UI into consideration. Not for me anyway. thanks for listening. :D

Posted: Thu Jul 21, 2011 12:11 am Post Subject:

Posted: Sat Jul 23, 2011 06:20 am Post Subject:

I'm on the same boat. I recently applied for SSDI and I've been collecting UI. I went to the SS office and applied in person. Before doing it, I was up front and told the claim's officer that I was collecting UI. He told me to keep on collecting since the claims take about 4 to 5 months. He said that UI doesn't affect your eligibility. But, if your claim gets approved, you have to cancel the UI benefits. That's all he told me. I live in California so I don't know if this applies to any other state. Good luck to all of you.

Posted: Mon Jul 25, 2011 03:07 pm Post Subject:

Disability benefits would not be effected simply by receiving unemployment benefits, it's not true the other way around. In order to receive unemployment benefits you have to be able to work and actively looking for employment.

Do you potentially have a bit of a red flag receiving unemployment while applying for SSDI, yup. The process takes a while as you've already been told. Be prepared for a decline (they usually decline the first application just because) you'll then have to wait and reapply. That's the SSDI game. It's more about persistency than it is actual qualification. But then again, what in life isn't?

Posted: Fri Nov 04, 2011 06:55 pm Post Subject: file for ssdi while drawing unemployment

I have been unemployed for over a year. I also suffer from diabetes,autheritis,degenerated disk and bone spurs in my neck and back. I also suffer migrane sympyom headaches that cause partial vision loss and dizzines when symptoms hapen. I was advised by an orthopedic doctor during an examination that i should not be lifting anything heavy. I want to sign up for ssdi benifits, but I fear that it would disqualify me from drawing unemployment. Is this true?

Posted: Sat Nov 05, 2011 06:47 am Post Subject:

As has been posted many times in other places, disability and unemployment benefits do not mix!

To be eligible to receive unemployment insurance benefits, you must be ABLE TO WORK and ACTIVELY SEEKING WORK. To be disabled under Social Security's rules means you are UNABLE TO PERFORM ANY SUBSTANTIAL GAINFUL ACTIVITY.

So, to answer your question, yes, being disabled will terminate your unemployment benefits.

Posted: Thu May 10, 2012 08:30 am Post Subject: CA SSDI is deducting ui

My California SSDI worker is taking my unemployment and disability pay out of my retro SSDI. The retro should be about $17k, but my earnings from UI is about $25k. What will happen? I also have 6 years of retirment pension ($50k value when I turn 50years old. I have over 25 years of paying into FICA. Thank you for any help or siggestions.

Posted: Thu May 10, 2012 04:06 pm Post Subject:

There are certain tests of income that Social Security uses to determine what can offset SSDI payments. Unfortunately, because it takes so long to wade through the maze of SSDI appeals until a determination of eligibility is granted, all those other benefit dollars which would have reduced the SSDI payments on a timely basis can be used as an offset immediately and fully.

You could argue before an Administrative Law Judge that the offset should be deducted over time, but that is not usually a persuasive argument. After all, you had the use of that money in that time. You are getting the balance you are owed. You will have no reductions going forward if you are no longer receiving those other monies.

I also have 6 years of retirment pension ($50k value when I turn 50years old. I have over 25 years of paying into FICA.