I was just awarded social security disability with a retroactive payment. Do I repay unemployment benefits for that time.

I was collecting unemployment from May 2010 thru march 2012. SSD sent me a retroactive check for that time period while I was on unemployment. I was accepted in July 2012 to SSD. I had to apply for disability because my health is declining. Thomas Orlando

Philadelphia, PA -

Attorney Answers (2)

Nicholas M. McLeod

Nicholas M. McLeod

Employment / Labor Attorney - New Berlin, WI

This is a fairly common question. The issue is that in order to qualify for and collect unemployment insurance, you must represent that you are able and available for work. In order to qualify for SSDI, you must represent that you are unable to perform any work. At minimum, you're risking forfeiture and overpayment assesments, unless your state's unemployment statutes or case law specify otherwise. You should contact a local employment law attorney before you take any action.

David J. McCormick

David J. McCormick

Social Security Lawyers - Milwaukee, WI

You need to talk to a local attorney ASAP before you do anything further or make any phone calls.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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