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Old 08-15-2009, 11:36 AM   #1
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Question unemployment and SSDI not your typical question

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

 
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Old 08-15-2009, 11:11 PM   #2
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Re: unemployment and SSDI not your typical question

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

 
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Old 08-16-2009, 02:02 PM   #3
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Re: unemployment and SSDI not your typical question

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.


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Old 08-16-2009, 05:36 PM   #4
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Re: unemployment and SSDI not your typical question

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

 
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Old 08-16-2009, 09:00 PM   #5
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Re: unemployment and SSDI not your typical question

Removed 8-16

Last edited by KarinAZ; 08-16-2009 at 09:16 PM.

 
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