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My unemployment benefits were suspended. Because I filed…

Hi my unemployment benefits were...
Hi my unemployment benefits were suspended. Because I filed disability. I was givin wrong information from the social security administration. I have a lung disease .i was laid off from my job in August 2017.i have idiopathic pulmonary fibrosis .which eventually I maybe a transplant. I can do certain jobs I just can not working outside. I'm getting a note from my pulmonologist saying that I can work some jobs.will I get my unemployment benefits back
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11/25/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
Experience: Exclusively practice labor and employment law.
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Here's the problem you face here - in order to get Social Security Disability (SSDI) you cannot be able to work any job in the economy. In order to get unemployment you must be able to work some job, even within disability work restrictions. A social security attorney would tell you not to apply because your application for unemployment itself can be used against you. In practice, social security may or may not hold it against you, and they may or may not have compassion for your case and realize you cannot afford to go without some income for the time period of application for SSDI benefits.

You will get your unemployment benefits back with the facts you state, but I would then be concerned that the pulmonologist's opinion on your ability to work would be held against you.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 3 months ago
I do want to work but I do have minor limitations. Yes my illness will eventually progress.but as off now.im will be reevaluated in 6 months. I would have never applied for disability but social security administration said it was okay.
Customer reply replied 3 months ago
I'm not concerned about disability right now.if I were to have such a surgery. It could be a long time. All my doctors say it's ok for me to do work.if I were to have such a surgery the ssa says I automatically disabled

I see. A couple things I'll add here - 1) you should then be able to submit to unemployment that you are ready, willing and able to work just in a slightly limited fashion; 2) you can either withdraw your application for SSDI or let in run and see how your medical condition goes - it takes them 6 months approximately to make a decision on application, and if you're denied, another 15 months to get an appeal hearing. So it may be a good idea to just let the SSDI application run and see what happens. Even if you are granted benefits you can still work and if the condition gets to the point you cannot work, you get put back on claim 9rather than have to re-apply).

Hope this helps. Thanks.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
Experience: Exclusively practice labor and employment law.
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