How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17534
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was collecting NY state unemployment from 11/2012 to 10/2013.

Resolved Question:

I was collecting NY state unemployment from 11/2012 to 10/2013. I applied for social security disability 6/2013 and was approved last week. When I applied I used my last day of work in 10/2012 as my date of disability. I was actively seeking work each and every week. At the end of June I felt I would not be to work again. When I contacted unemployment last week to have it stopped they wanted to know why. I said I would be receiving SSDI benefits beginning for the month of oct. This threw up a red flag! Unemployment has sent me paperwork to fill out re: my disability. It also states their records indicate I was unavailable for work from 11/2012 to present. I am worried about being charged with fraud and losing everything. How can I admit guilt without further incriminating myself and jeopardizing SSDI?
I was diagnosed with COPD in 12/2009 and worked until 10/2012 when I was laid off.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me if your former job exacerbated your lung condition and if you were looking for different kind of work that what you used to you while you were on unemployment? Did your doctor advise you to quit work because the job was too hard with your condition?
Customer: replied 1 year ago.
COPD never gets better just worse over time. I was diagnosed in 12/2009 and worked until 10/12. I was looking for the same type of work that I was doing. No my doctor did not advise to quit as I was laid off due to lack of work.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I do understand how COPD works as I have had immediate family members with the disease. What I was trying to ascertain is if you might have a work around the issue that you raised for appealing any decision that you might have been overpaid since the stated onset of your disability. This is technical, so we look for technical arguments.

First though, let me reassure you that you are not going to be arrested or charged with criminal fraud. That really just doesn't happen with situations like these. Although there might be a very infrequent prosecution for unemployment fraud, it would only be in cases where there was a conspiracy to defraud by an alleged employer and an alleged employee who created false records and stole several thousand dollars from the State. Otherwise, the State just doesn't have the financial or manpower resources to prosecute any sort of alleged fraud. In addition, based on what you have told me, they wouldn't be able to prove fraud anyway, since you were apparently actively seeking employment.

So, the issue here is whether or not you have a defense to an overpayment claim and demand by the State that you repay the benefits you received. That is why I asked the questions about whether your disease and your work were incompatible. In that case, you would most definitely be qualified to unemployment benefits for this period, since you would be looking for work you could do with your disease. However, in your case, since you were laid off and your doctor apparently didn't tell you that you had to quit (which makes me wonder a bit about how you were approved for SSDI), you will need to convince the State that you were not only actively looking for employment, but that you were "able and available" to do so while you were receiving UI benefits. If you can do that, then you won't have to repay those benefits. If you can't, then they will want to be repaid.

If you are ordered to repay the benefits after you appeal any demand (which you definitely want to appeal), then you might be able to ask for a hardship waiver of repayment based upon your current situation. But again, the burden is going to be on you to show how you could work, even though you were determined to be eligible for SSDI. It is not impossible and there are people on both, but you may want to consult with a local employment law attorney who handles unemployment claims to assist you. If you cannot afford one, then you can call your local Legal Aid or Legal Services Office and they can provide you with free legal assistance in this area.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Thanks for your response. It has been very helpful. Do you think I should return the paperwork or wait until unemployment contacts me again? Unemployment states if no response within 7 calendar days they proceed with the available information they have currently which considers me unable to work from 11/2012 to present.
Thank you again

Expert:  Marsha411JD replied 1 year ago.
You're welcome and yes, you should submit the information they have asked for. If you don't, then it makes it harder for you to successfully appeal any decision for repayment. So, it is important that you try to explain what you have been doing as far as looking for work and that you could, during the period in question still work at some form of job.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17534
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and thank you for your business. It was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue in the future, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Marsha411JD
Marsha411JD
Employment Lawyer
17534 Satisfied Customers
Licensed Attorney with 28 yrs. exp in Employment Law