Debslol
08-15-2009, 02:36 PM
Ok I am a little confused with the unemployment and SSDI... I was laid off in 3/08 and of course claimed unemployment. In July of 08 I contacted a legal firm about SSDI as with my previous employer (and I even had a letter from my previous boss saying what a pain in the butt it had become to have me employed with surgeries them having to hire someone to help me etc) felt it was a real hassle keeping me employed there...but I was a good worker when I showed up. The atty said that they could not apply until I stopped claiming unemployment and I agreed that this would happen in Aug 08 which I did. They filed in aug 08 after my last claim with unemployment and I didn't even take it to the end of what I was entitled to and yes I was seeking employment at the time.
So I followed all of the guidelines...but the atty had filed as the date of first date of disability of 3/08. The atty representing me said to not bring up that I was on unemployment at the time at the hearing. during that time I was also taking a correspondance course at home but had to stop in July of 08 because I couldn't sit at the computer for that long and I testified this at the hearing. So at the end of the hearing the judge said after I got all he wanted for an approval the date agreed upon would be July or August..I was in complete agreeance with this due to the fact that I had claimed unemployment and was taking the course at home and didn't want any difficulties about that time frame of march to august.
At the same time the atty told the judge that I was due to lose COBRA in sept of this year...so the judge really did make a quick decision (I was lucky to have had a nice judge) however to qualify for the 11 month extension (which I didn't know this at the time and apparantely the judge did) you have to be found disabled within 60 days of starting the COBRA. So he approved the onset date of 3/08.
My waiting period ended 8/08 which is the date we were looking for...but now I am concerned...am I going to have to pay back the unemployment for the 3/08-8/08 even though technically you don't recieve any funds during this waiting period. I mean the government keeps your first 5 months as it is so technically I was not "recieving" any fund from SSDI??
I am not looking to pull one over on any funds but it just seems like you get victory and everyone has their hand in your pocket..not to mention the medical bills I owe during the past 1 1/2 years.
thanks all
Debbie
So I followed all of the guidelines...but the atty had filed as the date of first date of disability of 3/08. The atty representing me said to not bring up that I was on unemployment at the time at the hearing. during that time I was also taking a correspondance course at home but had to stop in July of 08 because I couldn't sit at the computer for that long and I testified this at the hearing. So at the end of the hearing the judge said after I got all he wanted for an approval the date agreed upon would be July or August..I was in complete agreeance with this due to the fact that I had claimed unemployment and was taking the course at home and didn't want any difficulties about that time frame of march to august.
At the same time the atty told the judge that I was due to lose COBRA in sept of this year...so the judge really did make a quick decision (I was lucky to have had a nice judge) however to qualify for the 11 month extension (which I didn't know this at the time and apparantely the judge did) you have to be found disabled within 60 days of starting the COBRA. So he approved the onset date of 3/08.
My waiting period ended 8/08 which is the date we were looking for...but now I am concerned...am I going to have to pay back the unemployment for the 3/08-8/08 even though technically you don't recieve any funds during this waiting period. I mean the government keeps your first 5 months as it is so technically I was not "recieving" any fund from SSDI??
I am not looking to pull one over on any funds but it just seems like you get victory and everyone has their hand in your pocket..not to mention the medical bills I owe during the past 1 1/2 years.
thanks all
Debbie
Sponsor
broke as a joke
08-16-2009, 02:11 AM
well i assume it would be like getting SSI,, they will deducted that from ur backpay,, but i dont know,, i have heard if you get ssi or foodstamp or any other gov moneys that it will be deducted form any backpay,, but as far as unemployment i dont know
BeHappy2
08-16-2009, 05:02 PM
Hi Debbie, i had to read your post several times to grasp what all took place. If you research into illinois unemployment, they do have these benefits for disabled military veterns. So if you were in the military your safe.
Otherwise, from what i read sounds as if your attorney wants his pay as much as allowed. i really feel on attorney part the judge was not told the full picture. illinois simply does not allow what has taken place .
I'm definately not an attorney , but this is in my view doubledip even though you had a 5 month wait with ssd(no money given to you by ssd).
From what i read, in time you will have to pay back the unemployment money. This is just not right in my opinion of the way your attorney handled this.
If this happened to me, i would put backpay money aside to cover the
amount of unemployment that was paid out.
With todays economy jobs being lost and all, i'm sure social security is making close decisions on people who apply for disability that had been drawing unemployment benefits.
Be Well
BeHappy2
Otherwise, from what i read sounds as if your attorney wants his pay as much as allowed. i really feel on attorney part the judge was not told the full picture. illinois simply does not allow what has taken place .
I'm definately not an attorney , but this is in my view doubledip even though you had a 5 month wait with ssd(no money given to you by ssd).
From what i read, in time you will have to pay back the unemployment money. This is just not right in my opinion of the way your attorney handled this.
If this happened to me, i would put backpay money aside to cover the
amount of unemployment that was paid out.
With todays economy jobs being lost and all, i'm sure social security is making close decisions on people who apply for disability that had been drawing unemployment benefits.
Be Well
BeHappy2
Debslol
08-16-2009, 08:36 PM
thank you...I am going to address this with my attorneys office because I feel the same way too they were trying to get maximum payment...but on the other hand they didn't get paid for the waiting period either.
I was so anticipating having some money and now it seems like I really won't have much at all in back pay for medical bills and COBRA..but I went into this with the thought that its not the back pay I am concerned about it is the monthly benefit and knowing that I am at least getting something monthly.
I was looking for a job while on unemployment and even the attorneys office made it very clear that I had to stop claiming this and then call them...which is what I did...but it could be too that the question of when did you last work...which was the day I was laid off (and the judge asked me the same thing and I told him I was laid off March of 2008) so I will have to check and see what the reasoning from the attorneys office was when they filed the paperwork...makes me mad that they get paid upfront before any monies are paid back...do you think I should call unemployment...will SSA automatically take it from back pay...or do I just wait to hear something...I like doing everything on the up and up and don't want to be in non compliance with any of it
Thanx
Debbie
I was so anticipating having some money and now it seems like I really won't have much at all in back pay for medical bills and COBRA..but I went into this with the thought that its not the back pay I am concerned about it is the monthly benefit and knowing that I am at least getting something monthly.
I was looking for a job while on unemployment and even the attorneys office made it very clear that I had to stop claiming this and then call them...which is what I did...but it could be too that the question of when did you last work...which was the day I was laid off (and the judge asked me the same thing and I told him I was laid off March of 2008) so I will have to check and see what the reasoning from the attorneys office was when they filed the paperwork...makes me mad that they get paid upfront before any monies are paid back...do you think I should call unemployment...will SSA automatically take it from back pay...or do I just wait to hear something...I like doing everything on the up and up and don't want to be in non compliance with any of it
Thanx
Debbie
KarinAZ
08-17-2009, 12:00 AM
Removed 8-16
SpineAZ
08-17-2009, 12:07 AM
Sorry - somehow I created a new HB name - so here's my response under my HB user name....
The attorney was probably very adamant as anyone claiming unemployment is also, by default, saying "I am fully able to work but not employed". Those filing for SSDI are saying "I am no longer working and not medically able to work in any format or level of employment".
The attorney was probably very adamant as anyone claiming unemployment is also, by default, saying "I am fully able to work but not employed". Those filing for SSDI are saying "I am no longer working and not medically able to work in any format or level of employment".
Debslol
08-17-2009, 12:08 AM
This is very true and I don't argue that at all and I complied...but they didn't by not putting the correct date...and at the hearing the judge said july or aug due to I also had to stop taking my correspondance course in july of 08 that I had started years ago when I knew that I could no longer go to work, I was hoping to be able to complete it and work at home..but the probs in my arms and shoulder and neck and back prevents me from sitting at the computer for too long...so I was like yes August would be fine.
Hey spine...I had multiple knee surgeires since in the 1970's and I now can't walk at all...basically if I have to walk anywhere outside my house I need a wheelchair...just wondering if you have ever had a replacement yet??
Hey spine...I had multiple knee surgeires since in the 1970's and I now can't walk at all...basically if I have to walk anywhere outside my house I need a wheelchair...just wondering if you have ever had a replacement yet??
KarinAZ
08-17-2009, 12:11 AM
Removed 8-16
SpineAZ
08-17-2009, 12:15 AM
Hi Deb:
No replacement yet. I am in my 40's and my doctor hopes to hold off until I reach 50. I'd love a spine replacement but those dont exist :-)
So are they saying your original date of disability is 3/08 or later? Once the date of disability is established then there is a 5 month waiting period . This comes into play if someone goes out of work and later gets certified as disabled. If I stay out, I've been out since April 28, in theory I qualify for SSDI 10/1 since I have medical evidence to support 4/28 (If SS were to accept that)
No replacement yet. I am in my 40's and my doctor hopes to hold off until I reach 50. I'd love a spine replacement but those dont exist :-)
So are they saying your original date of disability is 3/08 or later? Once the date of disability is established then there is a 5 month waiting period . This comes into play if someone goes out of work and later gets certified as disabled. If I stay out, I've been out since April 28, in theory I qualify for SSDI 10/1 since I have medical evidence to support 4/28 (If SS were to accept that)
Debslol
08-17-2009, 01:05 AM
oh boy I've been where you are with the knees and I am almost 50 and he still wants me to hang on but I am bone on bone so its very painful...I was hoping to be able to get one more arthroscopy but he said no go as he would be afraid it might do more damage than good at this point.
I am so sorry about your spine probs...I have some disk probs that started in my neck and lower back (I have one of those tumors inside the disk that I have been afraid to go to the doc and get what they want to do with that) but I know that there are people out there such as yourself that suffer so much more than myself when it comes to back probs...I hope technology move forward enough so you all get some relief!!
The judge approved my last date of work 3/08 as my date of onset...so technically I became eligible 08/08 with his ruling. The lawyers applied for disability right after I claimed my last unemployment check...but with the question of when was the last date worked they put 03/08...But when I left the hearing I had to submit my proof of elbow surgery and xray reading for my knee showing bone on bone and he said to my attorney can we agree on the date of 07/08 or 08/08 and we said yes...absolutely knowing to aske for anything further back (in my mind at least) would create this exact prob. But apparantely I had a nice judge (and I wish you all the same good fortune!!) and when I got my approval letter ...there it was...onset date 03/08.
Debbie
I am so sorry about your spine probs...I have some disk probs that started in my neck and lower back (I have one of those tumors inside the disk that I have been afraid to go to the doc and get what they want to do with that) but I know that there are people out there such as yourself that suffer so much more than myself when it comes to back probs...I hope technology move forward enough so you all get some relief!!
The judge approved my last date of work 3/08 as my date of onset...so technically I became eligible 08/08 with his ruling. The lawyers applied for disability right after I claimed my last unemployment check...but with the question of when was the last date worked they put 03/08...But when I left the hearing I had to submit my proof of elbow surgery and xray reading for my knee showing bone on bone and he said to my attorney can we agree on the date of 07/08 or 08/08 and we said yes...absolutely knowing to aske for anything further back (in my mind at least) would create this exact prob. But apparantely I had a nice judge (and I wish you all the same good fortune!!) and when I got my approval letter ...there it was...onset date 03/08.
Debbie