SSDI question

[Manley2]

Is the key to getting SSDI to have NO income for 12 months? What if you are getting unemployment? A lawyer is saying that if you have not been without income for 12 months or more you will not get SSDI. And that if you got unemployment you are saying you are able to work so you can't get it then. My friend was just told by his lawyer that even with being without employment for more then a year he got unemployment up until about 6 months ago he will not get his SSDI. They told him a judge will throw it out and he will have to wait a year to reapply. He told me he thinks his lawyer is wanting to wait to get more back pay built up so they will get more money. What can I tell him to help. I feel helpless not knowing anything about this and he could use a hand. Hope I understood him and put it right here so somebody can help

[Bummer Knees]

When collecting unemployment, you are able to work but unable to find a job.

When applying for Social Security Disability your health or disability prevents you from working.

[Manley2]

But that is why the lost the job, they couldn't work full time and were fired. They could work but not full time like they had been. I would think as long as you could work but just not like you did you should be able to draw unemployment if nobody will give you a job. Anytime they would tell an employee what they couldn't do they were not hired

[katicabogar]

When I was fired after I got hurt, I received an unemployment award letter without applying, but my lawyer wouldn't let me collect it. I had to wait for my ssdi more than two years, but finally I got it.
Kat

[Bummer Knees]

Your friend's attorney knows the laws in his state.

I live in Kansas and when I hired my attorney to reopened my work comp case I was advised to apply for unemployment and I did.

Eight weeks later I won the hearing to reopen the wc claim and was awarded TTD which was back dated 3 week.

I notified unemployment about the TTD and KS Dept of Labor sent me a letter from their attorney saying I had to payback all money I collected under unemployment.

When I was awarded SSD all of my backpay went to pay back the unemployment I collected.

[Bad Boy Bad Boy]

SSDI isn't about being able to work, it's about being disabled. This is why SSDI has the ticket to work program. Plus a person can work on SSDI, as long as they don't make over a certain amount of money. In general SSDI mostly requires a person to be medically disabled for 1 year before they consider awarding it.

http://www.namiscc.org/newsletters/Janua...ToWork.htm

http://socsecperspectives.blogspot.com/2...ocial.html

http://www.nosscr.org/faq.html

http://www.disabilitysecrets.com/

[Manley2]

I guess they had been told by their doctor they needed to quit working before they wind up in a wheel chair but they tried to keep a job. They were drawing unemployment when they hired this lawyer so you would think they would have told them this, but now 2 weeks before the hearing they tell them they need to see if the judge will let them withdraw this case because he will rule it down and they will have to wait a year to apply and lose all this time off. Sounds like a way to not pay people that need it.

[Bummer Knees]

A person can not apply for SSD if you are working.

Social Security Administration will tell you to call them back when you are no longer working and then apply.

As Bad Boy wrote you also need to be unable to work for 1 year or more.

The Ticket to Work Program is to assist with retraining and returning to work.

[Manley2]

They were not working when they applied but were getting unemployment. Fired from job because they couldn't do it with the disablitiy any more. Guess his problem and mine is the lawyer knew he was getting unemployment when he hired them and now after waiting almost 2 years to get a hearing the lawyer tells him the judge will throw it out because they didn't have income for more then a year. Only had unemployment for I think around a year and no income now for like 7 or 8 months. Talked to him awhile ago and I guess he called another lawyer who said it shouldn't be a problem since it was only unemployment and every doctor he has a statement from say he should not be working any more. I don't know but I can understand his problem, it seems allot like WC and how they seem to find a way to screw the people that need it the most. In about 3 months he would have been without an income for a year and maybe the lawyer was thinking the hearing wouldn't be til after that date. If that is the case I would want to get a new lawyer. and again they seem to be like WC lawyers in that they don't seem to care you have no income and need help not legal talk.

[Manley2]

Wanted to add Bummer knees he has been unable to work any kind of full time job for more then a year its just he got unemployment. He was only working part time for the last year or so before he lost his job