Im still waiting for my back pay and recieved my first check 10/24 and dont know when my next payment is coming in. I still have about 7 more weeks of unemployment payments and was wondering since the judge didnt say I had to pay back unemployment payments that I was getting during the time they are saying my back pay is being calculated, can I still collect unemployment since they are holding my check til they settle my payee issue ( I dont need a payee and they had to change that in the system) Im so backed in my bills I feel I have no choice but dont want to put myself in any trouble. Can I do this and get both?
Social Security Lawyers
If you have an attorney, you need to talk to that attorney right away. In most states, once you have been approved for Social Swecurity and have been determined as unable to do any substantial gainful activity, you are no longer eligible for unemployment - becasue in most states you have to verify that you are in fact able to work in order to collect unemplyment. Collecting both benefits will be considered fraud in many states, so while a short term month or two hardshiop soundfs bad, the alternative is worse.
In New York, to get unemployment you must not be disabled, and you must be able to work. See this link: http://unemploymenthandbook.com/state-unemployment-directory/71-new-york/959-new-york-unemployment-eligibility.
So, if you collect unemployment now, you are going to run into problems either with the State or with Social Security. I would advise you NOT to collect the additional unemployment for the 7 weeks.
I hope this helps. Best of luck to you!!.
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You cannot collect Unemployment and Disability benefits concurrently in New York State, it is a crime.
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