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Re:filing for disability while on unemployment (1 viewing) (1) Guests
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TOPIC: Re:filing for disability while on unemployment
#583
Steve G (Visitor)
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filing for disability while on unemployment 7 Months, 1 Week ago  
This one gets my goat....I am being told by SSDC that a person can file for disability even WHILE collecting unemployment benifits...yeah, right...
Don't believe it for a minute. It just so happens that I did that, and you know what? After being denied twice, I went before a Judge (Hearing), and he denied my claim , stating that I was collecting unemployment at the beginning, thus I am able to work. Go figure! And I've even got Doctors statements showing I'm disabled.
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#601
Lisa Wagman (Admin)
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Re:filing for disability while on unemployment 3 Months ago  
When anyone receives unemployment, they must first certify to the fact that they are ready, willing and able to work -- should a job become available. Chances are, you did this when you applied for and continued receiving unemployment.

After the unemployment terminated, this certification does not continue.

Once the unemployment ended, and you were unable to return back to work because of the severity of your medical conditions, then the situation changes.

If you had a doctor's note that specifically states that you were unable to work from the moment your unemployment ended, and your medical evidence supports this fact, you may have a basis to appeal the judge's decision.

You are permitted to appeal the judge's decision to the Appeal's Council within 60 days of the judge's denial for the following reasons:

1. There appears to be an abuse of discretion by the administrative law judge
2. There is an error of law
3. The action, findings or conclusions of the administrative law judge are not supported by substantial evidence or
4. There is a broad policy or procedural issue that may affect the general public interest.

See CFR 404.970(a).
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Last Edit: 2008/05/24 01:23 By lwagman.
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