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Jack R.
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Experience:  Review contracts for major corporations
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While receiving unemployment, I had an incident that disabled

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While receiving unemployment, I had an incident that disabled me and as a result I received SSD. I have been receiving SSD for the past few months while also on unemployment. My disability does not prevent me from doing the work I am looking for, but does prevent me from work that would require some physical activities. I need to re-apply for unemployment as I am still looking for work. I am concerned that when I do re-apply for unemployment, the fact that I am now also on SSD will raise a red flag and the government agency will consider I was wrong to have both unemployment and SSD at the same time. If I re-apply, could the government request that I pay back past unemployment benefits I received while on SSD or give me some other penalty? What are the factors I should consider (pros and cons) in making the decision to re-apply for unemployment while on SSD?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Jack R. replied 1 year ago.

Thank you for choosing Just Answer.

 

The two agencies do talk to each other. Being on unemployment means you are able to work full time. While on unemployment you must actively be searching for employment. If you are disabled this implies you cannot accept full time employment.

 

If you are able to work full time you cannot be on SSDI. It is possible if one or the other agency decides you have been improperly collecting money you can be asked to pay back one or the other agency. There probably would not be a penalty if they though you made an innocent mistake, if they thought you were knowingly trying defraud social security or Unemployment there could be a significant even criminal penalty. In any case you may get charged interest.

 

The biggest con is that you may get charged with fraud, you will have to pay interest. If you don't have a lump sum to pay back they can put you into collection.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
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