A call to action - Unemployment Compensation benefits and SSDI

[Rich Feingold]

Hi, everyone. This week, Congress will debate the Fiscal Year 2016 budget. Many amendments to budget legislation will be offered during what is sure to be a very busy week on Capitol Hill.

A particularly harmful amendment was introduced today by Senators Jeff Flake (R-AZ) and Sen. Joe Manchin (D-WV). Amendment 667 would prevent people from receiving disability and unemployment benefits simultaneously. This amendment could be voted on as soon as tonight.

Here is some more information concerning this from the Consortium for Persons with Disabilities http://buff.ly/1xzE7f1

If you feel so inclined, contact your senators to let them know how you feel on this issue.

Rich

[tspaulding]

[QUOTE=Rich Feingold;1474583]Hi, everyone. This week, Congress will debate the Fiscal Year 2016 budget. Many amendments to budget legislation will be offered during what is sure to be a very busy week on Capitol

I am confused, I thought when people are on unemployment they are expected to be

out looking for a job. With SS they are not expected to have a job? This seems contradictory to me.


TS dx 1995 RRMS

[Rich Feingold]

Social Security Disability and/or Unemployment Compensation Benefits?

Hi, Tspaulding. Regarding your comments, "I thought when people are on unemployment they are expected to be out looking for a job." Correct.

"With SS they are not expected to have a job? This seems contradictory to me."

What if a claimant has a part-time job and is earning below the current Substantial Gainful Activity level (which is $1,090/month for the year 2015; see http://www.socialsecurity.gov/oact/cola/sga.html). Under Social Security law, they are not engaging in disqualifying work activity, however, they still may be eligible for unemployment compensation benefits.

What if a claimant "grids out" pursuant to SSA's Medical-Vocational Guidelines at the sedentary exertional level (e.g., an individual over age 50, with "past relevant work" above the sedentary exertional level with no transferable skills or transferable knowledge from education to a skilled or semi-skilled sedentary occupation, and now is limited to the sedentary exertional level because of impairments)? This means that the claimant could still perform full-time sedentary work, but still be found disabled by Social Security.

These are just some examples that show that the issue is not so straightforward as it may appear at first. Of course, be sure to seek legal advice regarding your specific situation and take into account your state's unemployment laws, including any duty you may have to report an application for Social Security disability benefits and any repayment of unemployment benefits that may be imposed under your state's unemployment act.

Rich

[tspaulding]

Thank you Rich for clarifying that for me, now it makes more sense.

Have a good day

[Rich Feingold]

Tricky area of law

You're welcome, tspaulding. It's kind of a tricky area and one must be sure to report as required. Best to talk about this with your disability claim representative/attorney if one has one.

Rich