SSDI vs Unemployment

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Mr. Potter
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SSDI vs Unemployment

Post by Mr. Potter »

I have good reason to believe my employer will soon be ending my position and thus I will be laid off. I just turned 60 so still a ways from SS. My dilemma is 5 years ago I suffered a disabling stroke, my employer was amazing and gave me a restricted duty job which I have been working about 28/week. Pretty sure if this job is eliminated I’m basically unemployable. So I’m considering the following options.
1, Just file for unemployment now as well as SSDI since it takes months to qualify. I do understand if I’m on unemployment I’m technically supposed to be able to go back to work.
2, I do have about 40 weeks of long term disability insurance available to me, again I could collect this while applying for SSDI.
3, Just immediately apply for SSDI and hope I get back pay for the months of waiting.

Another thing I’m concerned about is did I forfeit my ability to apply for SSDI by going back to work part time on restricted duty.

Probably need to hire a Disability Lawyer, any help would be appreciated
Last edited by Mr. Potter on Sun Sep 19, 2021 2:18 pm, edited 1 time in total.
terran
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Re: SSDI vs Unemployment

Post by terran »

Yes, I would consider consulting a disability lawyer. It wouldn't be good to take a short term benefit (unemployment) if that reduces your chances of qualifying for the long term benefit (SSDI). Maybe they don't interact that way, but hearing what to do from a professional familiar with the system in your state seems wise.
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Mr. Potter
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Re: SSDI vs Unemployment

Post by Mr. Potter »

I’ve heard if you are collecting unemployment and later are awarded SSDI all you have to do is payback the unemployment benefits.
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Mr. Potter
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Re: SSDI vs Unemployment

Post by Mr. Potter »

Actually I think I’ve answered my own question, just read if you’re not able to attest you’re available for work full time you’re not supposed to apply for unemployment. Not sure how that applies to someone working part time. Regardless, with that info I can move on to option #2 and use my remaining 40 weeks of personal long term disability benefit while I apply for SSDI.
123
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Re: SSDI vs Unemployment

Post by 123 »

It is not unusual for individuals who would medically qualify for Social Security disability benefits to continue to work, sometimes with special considerations provided by their employer. Social Security would evaluate disability status as of the date the employee was no longer working.
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Minty
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Re: SSDI vs Unemployment

Post by Minty »

Maybe the way to think about it is that you are available for work, but only with special accommodations which in many or most cases will not be available.
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Enjoy11
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Re: SSDI vs Unemployment

Post by Enjoy11 »

Also consider health care. I’m not sure about the difference, but I suspect that SSDI will allow you to go on Medicaid. Of course, Medicaid will have qualifying rules, too.

I want you to be sure that you get the health care figured out. And I’m so impressed with how strong you are in spirit to keep working after the stroke.
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JoMoney
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Re: SSDI vs Unemployment

Post by JoMoney »

I would highly recommend consulting a disability lawyer. Anecdotal, but I've known a couple people that went on SS disability and all required legal assistance, including one with "end stage renal disease" that should have qualified to be expedited, but still went through a prolonged process and needed a lawyers assistance.
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Kenkat
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Re: SSDI vs Unemployment

Post by Kenkat »

You can qualify for Medicare 2 years after the date your disability was determined to start (not the date you applied). Medicaid is needs based and there are typically asset and income limits, although these vary by state. I would definitely file for SSDI; qualifying requirements are less stringent as you age. Be sure to provide thorough documentation of your medical conditions.
Enjoy11
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Re: SSDI vs Unemployment

Post by Enjoy11 »

Thanks kenkat, I knew someone with better knowledge would set us straight on that issue.

Definitely get a lawyer before you file for SSDI.
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Mr. Potter
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Re: SSDI vs Unemployment

Post by Mr. Potter »

Thanks to everyone for your responses, after my stroke I just wanted as much of my life back as possible. I was encouraged right after my stroke to apply for SSDI but for me it just felt like if I took it I was giving up, at 55 I was too young. Things will work out, I plan on contacting a disability lawyer soon.
Thanks again
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Re: SSDI vs Unemployment

Post by jpelder »

It's definitely worth talking to a Social Security Disability attorney. They all work on contingent, so it's free to consult. You may have to file and get rejected initially before they'll take you on, though
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