[Tina Smalls]

I was denied unemployment benefits. If you have a disability, gave appropriate notice to a temp agency and a Dr. gave written notice as to why I can't work (relapse), should I be able to receive benefits based on those facts?

[N0help4u]

You would be better filing for social security disability.

[JudyKayTee]

You can't receive unemployment benefits if you are able to work. When you file for unemployment you sign an affidavit that you are able to work.

You may very well qualify for some form of disability payments.

[twinkiedooter]

No. You would not be able to collect unemployment benefits. The first question on the weekly reporting is

Were you physically and mentally available to work during the week claimed?

Even if you were laid off technically you would not be able to collect unemployment benefits because you would not be physically able to go to work. The same thing would apply if say you were incarcerated in a jail for two weeks. You would not be physically able to go to work as you are being detained.

Try signing up for disability benefits. It may take a long while for the benefits to be awarded to you, but if your disability is going to last more than 12 months you would be able to probably qualify. There is though, a 6 month waiting period before your benefits would be paid so the sooner you apply, the sooner you would get your non paid waiting period over with. Be prepared not to be approved the first time you apply but to be approved probably the 2nd or 3rd time you apply. After you are denied the first time you would be legally able to retain a SSD attorney to help you get your benefits.

[trmpldonagn]

Hi Tina. I am in the state of NY. Yes, you can collect S.S. Disability and collect unemployment.

I know this is confusing because when you call in for your benefits you are asked, "Were you ready, willing, and able to work every day?"

If you are in NY by some chance, I can give you both the unemployment claims & info center telephone number as well as Social Security. You can get both.

I am wondering if you were denied unemployment benefits because you did not meet the requirement such as having enough wages. Also, you are saying that you quit? Just want to double check and be sure on that part.

It is approximately a 120 day process depending. It could be sooner. Actually, I missed the evaluation appointment with the doctors 3, yes that's 3 times. And you MUST go to these. They soon realized that I really physically could not. They are supposed to cancel your claim if you miss it just once. They never canceled. The first time I was approved in just 3 months but I turned it down the first time. I took a job, which immediately cancels the claim, because I didn't like and couldn't accept being labeled "Disabled". Well got sick again anyway. Yep, turned down $12,000.

[JudyKayTee]

Do you have a source? It is my understanding that Unemployment asks if you are able to work and if you are actively seeking work. SS asks if you are totally disabled.

You can't be both.

I realize we're on different sides of this coin and I'm trying to understand - what are your thoughts?

[trmpldonagn]

Not a problem and believe me, I do indeed understand why it is so confusing. I will do this; I will call the claims processor. Back in 2006 I asked him repeatedy why he was going to give me retro for times/dates when I specifically answered, "Ready, willing, and able" to work at those specific times. (We don't sign any affidavits over here because it's over the phone.) The problem was every time that I did try to work even for a day or two, I really couldn't and I reported "sick day(s)" to unemployment at those times. I still kept asking the processor because I felt this was very wrong. This was all in person. He actually got angry with me and said that he could not be more emphatic and that one does not have to do with the other in this particular case. I asked yet another claims person and got the same answer. When I contacted unemployment, same answer. I thought for sure that I would have to pay back some unemployment benefits. What they do is they balance it out. I even looked on the labor site myself and it states that you cannot collect both simultaneously so I do understand the confusion. In my case, it was granted the very first time I applied. No appeal needed or anything for the disability benefits. Unemployment was aware and S.S. was aware. I turned it down the first time basically by taking a job and trying to work because I did not want to and could not accept being labeled disabled. That immediately cancels out the claim. I could have re-opened the claim also but kept trying to work. Once I have the CLEARER explanation again from them, I will certainly post it here. They really did get annoyed with me for repeatedly asking that same question over and over.

[N0help4u]

So you are saying that even though they ask were you 'ready, willing and able to work' and you tell them no the unemployment will grant you sick days?

I know if I call off one single day that I was called in during my unemployment or if I go in it really effects my benefits for the week.

[trmpldonagn]

So you are saying that even though they ask were you 'ready, willing and able to work' and you tell them no the unemployment will grant you sick days?

I know if I call off one single day that I was called in during my unemployment or if I go in it really effects my benefits for the week.

Hiya Betty Boop. I saw a message from you but I didn't get to it yet. It is probably about this. You know what? I feel like a complete moron and I should. I think I'll stop filing taxes by the way. I'll tell you why. I did finally get through to someone today but it was at the 800# for national. 1-800-772-1213. A representative yet again told me that unemployment has nothing to do with them. I told her what had happened to me in 2006. The processor was so annoyed with me for repeating my question so much back in 2006. I did indeed report sick days. He told me he was going to make my claim retro from May of '06. I asked him why because it really made no sense to me. What they mean by "balancing it out" is a bunch of bull. I would not have known this because I never did take the disability if you see my previous posts here. Yep, they are lengthy too. So unemployment of course did not pay me for those days yet SSD was going to pay the WHOLE months of May, June, July, Aug, Sept, Oct, Nov, and Dec. They do not even check with unemployment which is ridiculous. They should at least check to make sure people are claiming sick days which of course you would not get paid by unemployment. What ticks me off is that people are actually doing BOTH. Once again, it's possible I'm going to be called a snitch. I called unemployment next and told them that I know of a couple of people collecting both. They said without a SSN, there is nothing they could do. They had many of the same names for the ones I gave (yeah, I know, SNITCH). I am sorry but so many people get away with things. I had a thread from a while ago where someone wasn't claiming everything on their taxes. Some people do not claim at all. Does the IRS care or do anything about it? Take a guess. There is someone who owes $100,000 and I am not exaggerating.
I didn't think I was going to be so steamed still. I thought if I waited a while to write a reply that I would have cooled down. Again, my apologies. But you can call the 800# here and/or your local office and then call the unemployment office or dept. of labor for your area. Unbelievable.
So, I would like to tell the person who originally asked this question this; Can you collect both? YES. Is it legal? NO. Do people get away with it? YES. Just the same way people are making more money than they ever have by collecting unemployment and working full time off the books as well and not reporting any of it. Know what? If you can get away with it, maybe you should go for it. Good luck. Screw em'. And now I must continue to try to find out why a lovely person I was trying to help here in another thread has sent me spam. Have a great day. <--------- At least there is no sarcasm there. :)

[trmpldonagn]

Goodness gracious. I understand that there have been no replies or posts to this thread since May but I wanted to post just in case it may help someone.

It may definitely depend on the state you live in. If someone is disabled, you can collect unemployment. I called for my cousin today and sure enough her (disability) worker assured me that there is not a problem. I also spoke to someone at unemployment. Shocked is not the word.
My understanding is that they do indeed split or "even it out" so to speak. I then called the 800# for her to be certain that the authorities are not going to be coming after her. I figured a 3rd call could not hurt. I have the message saved/recorded on her answering machine because someone had to return the call.
She told her that all she may want to do is tell unemployment to "change status to State Disability". These were the exact words from the worker. She also has been out of work for a year AND collecting. I called because it just does not make sense. She answers "yes" to "Are you ready, willing, able, etc." Her problem is that she really feels she can work but when she tries to, there is eventually a problem.
If anyone is looking to collect both unemployment AND disability (not both full time I believe), please just call unemployment for your state and also call social security disability. I could not believe my ears but I do have one recording in case there is a problem down the road. If someone lives in NY state, I can give you another tel# other than the 800# I previously listed. I never did find out where the poster lives so I do not know that it is the same everywhere. I do know that most individual situations are different. I have a mild illness that I believe just about everyone may have to a degree but this was not why I applied a few years back.
In case the poster does check back... if you're in NY, you cannot ever use disability as wages for unemployment. I believe that applies anywhere. You won't be taxed either on disability but you definitely will have a problem if you try to continue to do both for longer than a year. That is where social services comes into play in most cases.

Sorry for the conflicting information but this is really what I heard from 3 different people. My case a few years back was entirely different but I do wish I did not turn down that money.

[Fr_Chuck]

If you are disabled, you can collect as long as you are still available and able to work, I have a disability myself, and work 40 to 60 hours a week.

But you do have to be available to work, if you report that you are unable to work, then no, until you are able to actually return to work, "available and able" then you can not collect.

[trmpldonagn]

If you are disabled, you can collect as long as you are still available and able to work, I have a disability myself, and work 40 to 60 hours a week.

But you do have to be available to work, if you report that you are unable to work, then no, untilll you are able to actually return to work, "available and able" then you can not collect.

Hello there Fr Chuck. I am apoligizing in advance in case I should be posting this elsewhere. When you say if you are disabled but you can collect, are you referring to a disability that does not necessarily affect your ability to work? I think you are saying if you are actually absolutely unable to work on a day or number of days then no, you will not get paid for those days from unemployment.

I know someone who is in a wheelchair for example. Even though he has a disability, he does work and he does his work well. If someone wakes up in the morning and cannot get out of bed physically or they have a (temporary for example) mental impairment which prevents them from working, then I believe they have to report that and will not get paid for that day or however many days they are not actually "able" to work.

I'm just confused about a situation that I mentioned earlier and I will definitely report back once I hear the outcome. As far as I know, you cannot collect both? I could be wrong?

Thanks.

[trmpldonagn]

Disability During Unemployment Benefits

To be eligible for disability during unemployment benefits, you must meet all the requirements of the unemployment compensation law, (<--punctuation? ) except for the ability to work.

To Qualify for Disability During Unemployment Benefits you must: Otherwise be eligible for unemployment benefits, except for your disability.
Be under the care of a legally licensed physician, etc. who certifies your total inability to work.

Go into Google and type State Disability and Unemployment

The above I quoted from the site (for NJ and is basically the same for NY as well)
http://lwd.dol.state.nj.us/labor/tdi/worker/ddu/ddu

If this does not work just Google it.

[N0help4u]

With receiving both unemployment and disability yes you have to be available and willing to work
And you would first receive the unemployment amount and the disability amount would be considered according to the amount of the unemployment
Just like working and receiving disability.

Like when my son works and makes $600. A month he only receives maybe $60, a month
But if he only makes $100. He receives more like $400 tp 500.

Basically disability goes by a sliding scale according to your other income.

[twinkiedooter]

If you notice trmpldonagn's information is from his personal experience back in 2006. I am sure that by now New Jersey and other states have put stop gap measures in place so that the double payouts have ceased.

I for one would not attempt to double collect as the State would make me pay it back.

I don't care what the folks on the phone told trmpldongn - I would not attempt such double dipping. There are criminal charges and fines attached to such actions and you have to pay back the money. Just because you were able to get away with this trmpldongn does not mean everyone else can.

[trmpldonagn]

If you notice trmpldonagn's information is from his personal experience back in 2006. I am sure that by now New Jersey and other states have put stop gap measures in place so that the double payouts have ceased.

I for one would not attempt to double collect as the State would make me pay it back.

I don't care what the folks on the phone told trmpldongn - I would not attempt such double dipping. There are criminal charges and fines attached to such actions and you have to pay back the money. Just because you were able to get away with this trmpldongn does not mean everyone else can.

Hiya Twinkie.
I know my posts are long but if you read a couple of them from this thread here you will see it is not me. Thankfully, I am working now again. I was called back. I never double dipped and I never got disability. I was approved back in 2006 but I took a job. I was still sick so I lost that job at the time. I actually re-opened it and the money was still going to come to me. I still did not get that money because I accepted yet another assignment and succeeded. That immediately cancels out the claim right there.

I was stating some things from my own personal experience. If you read back, you will actually see how ticked I am because I know of people that are indeed "double dipping." I've been called a snitch once before on this site and I stated here in this thread that I'll probably be called a snitch again. If you read my last 2 or 3 posts on this thread you will see why.

No no Twinkie. I'm the one that's ticked that people get away with so darn much. That is why I stated that I shouldn't even bother filing my taxes anymore. I was being a smart alec in that post. Scroll back and you will see. I think it stinks that so many many people get away with things and the IRS doesn't give a hoot or they have to prioritize or they're too busy. I think it stinks that people cheat all of the time with so many different things and they get away with it. This is why I say maybe I should start to do the same and just say to heck with it.

So if you want an update I'll be happy to let you know what happens when it comes time for her to file her taxes. Even though they do not tax SSD I believe it is reported to the IRS. Let's just see if they care or not. It's OK to rent out rooms or apts. In houses and not claim that on your taxes. It's OK to work off the books or bring in thousands and thousands of dollars and not report it. It's OK to commit fraud with Social Services and I know many. It's OK for cops to get away with things and have their buddies cover up for them. It's OK for people to get away with murder. No. When I say these things I am without a doubt being a smart alec. I can only see in one part where you may have gotten confused and understandably so. Maybe they need "Tone" indicators on the site. ;) Seriously, I'm mad at the entire system in general but there's nothing I can personally do about this crazy world we live in.

Also see above NoHelp4U's post. Again, they balance it out.

[N0help4u]

. That is why I stated that I shouldn't even bother filing my taxes anymore.

Thing is that even if you stop filing tax returns they can still come after you if you do owe something and they are not going to accept the "Well I didn't file my income taxes to pay it back''. Bureacrats do not work that way they will still go after what they consider you owing.

[trmpldonagn]

Thing is that even if you stop filing tax returns they can still come after you if you do owe something and they are not going to accept the "Well I didn't file my income taxes to pay it back''. Bureacrats do not work that way they will still go after what they consider you owing.

I know that. If someone has been filing all along and then suddenly stops, that's when they get caught. I wouldn't really stop filing my taxes. I didn't meant that literally. It just stinks that so many people get away without filing their taxes somehow. Some of the ones that do file cheat like crazy though on their taxes and/or don't claim a lot of money and get away with it.

I tried to give you a greenie for your previous post about disability but I am not able to at this time.
Thanks for your input.

[twinkiedooter]

Trmp - I get really ticked when people collect disability and then work on the side under the table and there is nothing wrong with them physically or mentally. That really gets my blood boiling.

As far as not filing taxes - I filed taxes for many years and then didn't file for 3 years. When I did file I got about $3K back but I had already gotten a letter from the IRS stating that since I made such and such for so many years they "calculated" that I would owe THEM about $2K! Go figure.

[trmpldonagn]

Trmp - I get really ticked when people collect disability and then work on the side under the table and there is nothing wrong with them physically or mentally. That really gets my blood boiling.

As far as not filing taxes - I filed taxes for many years and then didn't file for 3 years. When I did file I got about $3K back but I had already gotten a letter from the IRS stating that since I made such and such for so many years they "calculated" that I would owe THEM about $2K!! Go figure.

Ahhhhhh yes. See this is what I mean. People like you and I will get "caught" so to speak if we try to not file. You must have had good reason(s). They do know what we're making and believe me for me it's not much. But everything is reported to the IRS as long as it's on the books. I guess it's people who never ever have filed that they/IRS cannot really look into or locate.

That STINKS that you had a refund number one. Number two, it sounds as though whatever the heck they calculated, and I do not blame you or judge you for whatever reasons you have/had for not filing, they must have added on interest and penalties. I wonder if you tried to talk to them and explain your specific situation? I have heard that sometimes they will remove penalties depending upon the situation. But doesn't that just figure?