Unemployment/Disability

[gail]

Hi Rich, I am hoping that you can help with my question or let me know who can. I live in New Jersey and my company will be closing the building in New Jersey. I will pretty much be out of a job when it does. I am sure that I can get on Social Security Disability, however, I am not sure of how to work this. I am not able to get disability from my company, so my income will not be very much. I am wondering if I can collect unemployment for as long as I am able(it will pay more then disability) and then go on disability after my unemployment claim has been used up. Can i apply for Disabilty while I am collecting unemployment? Will being on unemployment affect my claim for Social Security Disability. If unemployment is not an option for me if I want to collect disability, Can i stay until the last day of the job to collect my severance package. Would that affect my social security disability claim?

[Karyout]

Hi. I am not rich but I wanted to tell you a bit about MY experience...I quit work because it became too hard to work and care for my kids and the house. It has taken TWO years of denials and a hearing to get it. From experience I can tell you that it's unlikely you will be able to collect employment while waiting for disability. The problem is that the goal of unemploymentis to give you income until you can get back to work and if you are saying you CAN'T work they won't give it to you. The other side of that is if you apply for SSDI and they see you are on unemployment they might think you can still work and you will be denied. That was my issue for two years. I was home with no income but what my husband made and i couldn't get unemployment.

I hope this helps a little bit and good luck.
Moriah

[Rich Feingold]

Hi, Gail and Moriah. Gail, I cannot advise you what to do, however, I know that in Illinois, for example, the certification for unemployment benefits asks whether one has applied for a Social Security pension (which includes disability benefits). Generally, and possibly not in all cases, if one says yes to that question, the Illinois Department of Employment Security will do a brief investigation, temporarily suspend benefits, and then reinstate them. They will also diary their file to determine whether or not the applicant has been approved for Social Security disability. There are arguments that a disability claimant can make in regard to filing for both. I have had clients approved for Social Security disability where it is apparent that they have received or are currently receiving unemployment benefits. Be sure that you are forthright in your answers to the government and seek the advice of counsel regarding your own situation.

Regarding severance pay and Social Security Disability Insurance Benefits (SSDI), they should not affect benefits because the receipt of severance benefits is not earned income.

Rich

[MSW1963]

Gail, I was un-dx'd but had medical records that documented sx'd for approx 3+yrs prior to becoming disabled.

I applied for FMLA and SDI about 1 month prior to my company announcing the downsizing and the offer of a severence package.

After exhausting STD and severence package, I applied for unemployment and SSDI. I actually only wanted LTD benefits, but attorney insisted I also apply for SSDI. LTD was denied as pre existing.

I had no breaks in employment for 20+yrs and a medical history that supported my eventual MS dx, which came approx. 2 months before approval for SSDI.

I was head of household, sole support for my dependent child, which along with my medical history that pre-dated by 3yrs my application for SSDI and pre-dated both company downsizing.

In fact, I left a company of 11yrs due to downsizing. I was eligible for full retirement benefits that included medical coverage. I was very sick the last year prior to downsizing of my prior employer.

Unfortunately, I had no clue about anything remotely related to MS, and accepted an out of state job that downsized about 21 months after I relocated out of state, that offered few benefits before 2yrs employment.

I thought I was going to be arrested for collecting both Unemployment benefits and applying for SSDI, not to mention the severence package. But I only got some vage explanation from the attorney about a legal loop hole. I actually I had medical documentation that pre dated by a couple of years my application for SSDI and unemployment, plus being sole support/head of household, and a sympathetic SSDI case worker?

Best of luck to you. I realize it is a scarey time, but I somehow survived without any charges being filed or any repayment of social benefits I collected prior to SSDI approval.

[Rich Feingold]

Thanks for your post, MSW1963.

Rich