Announcement

Collapse
No announcement yet.

Disability versus Social Security versus Unemployment? Indiana

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disability versus Social Security versus Unemployment? Indiana

    Background: associate is currently on short-term disability and expects to go on long-term disability for a period of time. Associate had back surgery and 'should be' released to go back to work.

    She has applied for social security disability. She will turn 66 at the end of January (prior to being released to go back to work). Her FMLA will run out end of January and she will likely not have a job to return to.

    Can she collect long-term disability AND social security AND unemployment? If I read correctly, once she turns 66 her social security disability simply becomes social security. If she is collecting social security and/or disability, how can she qualify for unemployment?

  • #2
    It's quite unlikely that she will qualify for unemployment. But she has the undisputed right to file the claim.

    Most if not all states will require that she be able to work, actively looking for work, and available to accept work if offered. If she does not meet the requirements, the state will deny her claim. But if she wants to file the claim anyway, there's nothing that will prevent her.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Agreed. Past that, if the worker is telling the disablity people that she is disabled and unable to work so she can get paid by them, and is also telling state UI the she is healthy and actively looking for work so she can also get paid by them, then pretty much by definition the worker is committing fraud with at least one of these parties. And very bad things will happen when disability and UI compare notes. Which they will.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Originally posted by HRNan View Post
        If she is collecting social security and/or disability, how can she qualify for unemployment?
        She can't collect UI if she is disabled & unable to work.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Every LTD policy I've ever seen has a carve out for SSDI, meaning the person can not collect both at the same time but may be able to collect partial LTD.

          If a person files for UI, and has been out for medical reasons, you better believe I'm contesting it if awarded. Doesn't matter if they are collecting SSDI/ LTD or not.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Originally posted by ElleMD View Post
            Every LTD policy I've ever seen has a carve out for SSDI, meaning the person can not collect both at the same time but may be able to collect partial LTD.

            If a person files for UI, and has been out for medical reasons, you better believe I'm contesting it if awarded. Doesn't matter if they are collecting SSDI/ LTD or not.
            I agree. I have an employee out on LTD, which is company paid. When I got my last monthly statement it should an offset for SSDI so the LTD was less.

            Comment

            Working...
            X