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UNEMPLOYMENT AND DISABILITY

by GEORGE
(PENNSYLVANIA)

I WOULD LIKE TO KNOW IF I SHOULD CONTINUE TO COLLECT MY PENNSYLVANIA UNEMPLOYMENT IF I HAVE BEEN GRANTED DISABILITY FROM THE FEDERAL GOVERNMENT.I WAS TOLD BY MY LAWYER I COULD CONTINUE WITH UNEMPLOYMENT DURING THE PROCESS BUT WHAT DO I DO NOW. SHE IS ACTING WISHY WASHY ABOUT IT NOW ,SO I DO NOT WANT TO DO ANYTHING WRONG AND GET OVERPAID AND HAVE TO PAY BACK MONEY I DO NOT HAVE. THANK YOU





Hi George,

What kind of disability?

I can't find anything that says disability payment would be deductible income from unemployment .. unless a state considers SSDI the same as SSI, but here's the main question for me when someone is waiting to get disability.

Are you able and available for any type of work .. right now while you're collecting benefits?

***edit 7/22***
Due to a comment by a federal state program expert, you should read the comments for further information about trying to qualify for SSDI and collecting UI benefits at the same time.

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Jul 22, 2014
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Reducing Overlapping Payments Act
by: Chris

Here's a link to the the proposed Reducing Overlapping Payments Act on Congress.gov, referenced in Ms. Bunch's last comment.

Here's how the benefits of it are explained on coburn.senate.gov (R-OK)

Jul 22, 2014
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To Ms. Bunch
by: Chris

No, I only ever want, an explanation that follows up with at least a bit of reasoning for why the comment is being made.

Thank you for your time, expert opinion and the explanation.

Jul 18, 2014
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Well...
by: Ms. Bunch

I guess you only wanted a positive response. Sorry. Let me start by saying having a pending SSDI app is different than being an active beneficiary and collecting UI. But, especially during the first year after onset there should be no work. This is the basis of SSDI. Requirement being a minimum of 12 months of continuous disability (unless it is a teri or compassionate allowances case) Unless it is outside of the first year and the beneficiary is a member of the Ticket to work program UI benefits will be requested to be paid back. What is acceptable during the determination process for SSDI is completely different than when a beneficiary is actually collecting the benefit. There is a good amount of info on Findlaw as well. I will say that you can find support of the double dip all over the internet. Most support you will find is from disabled groups. This is understandable because the increased income is needed. If a re-pay request is sent by UI...it is the claimants burden to prove they were not fraudulently collecting benefits. Sometimes just because you can, doesn,t mean you should. One proposed change that has bipartisan backing is a bill under review for the next fiscal year. Do a search on the "Reducing Overlapping Payments Act". I will say that there are several guidelines to become and remain eligible for Welfare, UI, SSI, SSDI, etc. I will also tell you that a lot of power to add and remove people from these programs lies in the caseworkers who handle the cases. They are becoming MUCH more strict when they see this type of thing happen. They are over run with cases. They have people with real issues and for every 1 of those they have 100 frivolous claims for benefits. That combined with budget/staffing cuts put their tolerance at an all time low. I can't tell you what to do. But, I would be very wary!






No, I only ever want, an explanation that follows up with at least a bit of reasoning for why the comment is being made.

Thank you for your time, expert opinion and the explanation.




Jul 17, 2014
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No double dipping!
by: Ms. Bunch

Under SSI and SSDI you are stating that you are unable to work. These are federal programs. Under UI you are stating that you are ready, willing and able to work. If you claim both of these statements to be true, it would be a falsification to one or the other. If you collect on both, they will catch up to you. You will be booted from both. You will have to repay. I am a federal/state programs expert. It may take a fiscal quarter to catch up as the SSA updates systems quarterly.



I'd be very interested to know more from a federal/state programs expert. Because just a bit of internet research turned this up.

Importantly, in 2010, a memorandum from Chief Administrative Law Judge Frank A. Cristaudo stated that the receipt of unemployment benefits does not preclude the receipt of SSDI benefits. Instead, whether an SSDI applicant receives unemployment benefits is only one of many factors to consider when determining if he or she is disabled.

Of course it wasn't an official government website explaining anything of real official value, but it
was Disabled World.


So, I guess I don't understand when you throw a blanket and say "Under SSI and SSDI you are stating that you are unable to work."

Really? If a person collect SSI, or SSDI there's not some sort of income earning cap to encourage them to never try to work to earn more than what SSI, or SSDI pays?

I really want to know how this works and I'm sure many of the people who have some sort of condition that might be covered under the ADAAA would like to know if just the work limitations of their disability prevent them from even working a minimum wage job their body, or mind can handle to actually make enough money to live on.

This is important stuff to not just think you know as I'm sure next quarter, there's going to be some partially employed unemployment benefit recipients wondering if SSI, or an UI agency is going to both pull the rug out from under them.


Additionally, the ETA gives us a table each year in the nonmonetary chartbook which shows which states and by how much they reduce UI benefits when the claimant/employee is receiving SSI benefits.


Were you only referring to SSI and SSDI recipents who do not inform the state upon application they receive this money .. or are you implying disabled people don't look for work .. or ever want to work to keep up with those conditional eligibility conditions for collecting UI?

I need to know when I am wrong .. tell me please where I've gone wrong in reasoning this issue through .. for purposes of unemployment.

Sep 20, 2011
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Reply
by: George

I could do a sit down job if the area was ventilated properly. I would need training because I have done the same work my whole life. I have RA, C.O.P.D.,OSTEOPEROSIS, and BACK PROBLEMS. I think with disability in our state you just need to prove you can not perform your current job,which is what I was doing for the last 35 years.



Yup, you're still able and available to work at something .. so as far as I know .. you're good to go on the unemployment benefits.

Although you might benefit from some of the offered training or other programs at a careerlink office.

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