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I have been drawing unemployment for about 2 years while I…

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I have been drawing unemployment...
I have been drawing unemployment for about 2 years while I had also waiting for a decision on social security disability. I have been approved for disability and have been given all of the back pay. I was not expecting this as I thought that they would have subtracted the amount I received from unemployment and that I would only get the difference.

I have filed taxes on the unemployment for 2 years and will have to file taxes for this year as well. Also, I will have to file taxes on the disability as well because my husband earns enough money that it would require us to pay taxes on the disability.

We are using the money to make the down payment on the house and to buy some much needed things that we haven't been able to buy because of our situation. My attorney says that I should be okay and that there is no conflict but I am terrified that I will get in trouble and have to pay the money back which would simply be disastrous for me. Can anyone give me any insight or tell me what I might expect?
Submitted: 8 years ago.Category: Employment Law
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Answered in 29 minutes by:
6/25/2010
Employment Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,876
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified
Good morning,

I'm sorry to hear of your dilemma.

You may have a problem, in that if you are disabled, you are not authorized under the law to make a claim for unemployment insurance benefits. In that case your sole remedy is state disability coverage---if your state has such coverage available and many do not---or private disability insurance.

Under the circumstances---given that you are and were totally disabled (or you could not have received retroactive Social Security Disability, you should not have been accepting unemployment benefits. The fact that you did anyway may be seen as welfare fraud by the state, and based on the amount of money you accepted you could very easily be charged with a felony, and required to pay all the money back.

Before you make use of any of the lump sum you received from Social Security, I strongly caution you to meet with a local attorney who handles unemployment law to discuss your options, and determine the best way to proceed at this point. You truly are at risk of being in a lot of trouble, I'm afraid.

I wish you the best in 2010.

I understand that you may be disappointed by the Answer you received, as it was not entirely favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.

Best regards,

Doug



Edited by LawTalk on 6/25/2010 at 4:56 PM EST
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