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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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I recently had major back surgery 6-6-2016. Have Been unable

Customer Question

I recently had major back surgery 6-6-2016. Have Been unable to return to work. actually the told me before surgery, it would be 6-9 months. My employer kept wondering when I would return. They wanted to have an hour long telephone conference call with me. I had no new information so I resigned. I am currently trying to get disability. In the lapse of time , could I get unemployment without messing up my filing for disability?
Submitted: 26 days ago.
Category: Employment Law
Expert:  Dwayne B. replied 26 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 26 days ago.

There is the potential that unemployment could affect your disability. I've only seen it happen a few times but the possibility exists every time.

I'll explain why.

To get unemployment you have to sign a document which states that you are available and ready and able to work. However, to get disability you have to sign documents and take the position that you cannot work due to your condition. As you can see, those two concepts are diametrically opposed to each other. In a couple of cases I saw the social security office obtain the records from the unemployment office and then offer them to prove that the applicant didn't qualify as they had taken the position that they were able to work.

I don't know why the DDA doesn't do this on every occasion, but they don't. It is actually rare for them to do that.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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