SSD advice needed

[Nancyg56]

I hope someone here can give some guidance. My DH cousin has had surgery on her back which did not go as planned. She had a fusion in her lower back but was not able to have the rods as support because her bone was too soft. Anyway, the healing process is much longer than she anticipated and she is not able to go back to work as a CNA.

She had been collecting unemployment benefits when she went to an attorney to help her apply for SS disability benefits with her date of disability the end of September. She asked the attorney if she could continue to collect UI and how that would impact her if she was awarded the SS benefit. He told her that he was not an UI lawyer. She asked if she could go back to school and he told her that was fine.

I am worried about this. I have tried to research the ramifications of collecting SSDI while collecting UI and really cannot see that there is an answer. She has not been given any restrictions from her DR but I think that is because she has not been released for work. She knows she cannot ever lift again nor can she stand for any prolonged period of time, has no other job experience but is terrified that she is not going to have any income. She has gotten no real guidance from her attorney. He gets paid 25% of her back benefit if she is awarded but if she cancels her contract she must pay him.

I have given her a list of concerns that i think he needs to address in order to make sure she is not breaking the law but I really don't know exactly what to ask him. I did read on a SSD website that a person can collect UI while applying for SSDI if they are looking for a job that fits the DR restrictions but she does not even have that yet. I know he said she could pursue an education but if it is a vocational school and the course of study does not fall into the restriction (which she does not yet have) will that impact the SSDI claim? In the meantime she is looking at Medical Assistant, is approved for a Pell grant for 2/3 of the cost but will need to take a student loan of apx $6000. I have warned her that if she cannot do this job she will still need to pay this money back, no forgiveness here.

She has not even kept a real list of jobs that she has looked at. I am so concerned and hope that someone here can give me direction for her. DH says she seems to be backed into a corner and has no way out so she is trying to find some solution.

I believe that she will be permanently disabled, her back is shot and is not healing well. I also believe that this attorney has given her terrible advice by filing for a claim for back benefits that she may be eligible for but that the UI money is really a problem.

Anyone here have any advice I can give her? I would go to the attorney with her but don't know what to ask. TIA!!!!!!!!!!!!!!

 

[Tinker'n'Fun]

I hope someone here can give some guidance. My DH cousin has had surgery on her back which did not go as planned. She had a fusion in her lower back but was not able to have the rods as support because her bone was too soft. Anyway, the healing process is much longer than she anticipated and she is not able to go back to work as a CNA.

She had been collecting unemployment benefits when she went to an attorney to help her apply for SS disability benefits with her date of disability the end of September. She asked the attorney if she could continue to collect UI and how that would impact her if she was awarded the SS benefit. He told her that he was not an UI lawyer. She asked if she could go back to school and he told her that was fine.

I am worried about this. I have tried to research the ramifications of collecting SSDI while collecting UI and really cannot see that there is an answer. She has not been given any restrictions from her DR but I think that is because she has not been released for work. She knows she cannot ever lift again nor can she stand for any prolonged period of time, has no other job experience but is terrified that she is not going to have any income. She has gotten no real guidance from her attorney. He gets paid 25% of her back benefit if she is awarded but if she cancels her contract she must pay him.

I have given her a list of concerns that i think he needs to address in order to make sure she is not breaking the law but I really don't know exactly what to ask him. I did read on a SSD website that a person can collect UI while applying for SSDI if they are looking for a job that fits the DR restrictions but she does not even have that yet. I know he said she could pursue an education but if it is a vocational school and the course of study does not fall into the restriction (which she does not yet have) will that impact the SSDI claim? In the meantime she is looking at Medical Assistant, is approved for a Pell grant for 2/3 of the cost but will need to take a student loan of apx $6000. I have warned her that if she cannot do this job she will still need to pay this money back, no forgiveness here.

She has not even kept a real list of jobs that she has looked at. I am so concerned and hope that someone here can give me direction for her. DH says she seems to be backed into a corner and has no way out so she is trying to find some solution.

I believe that she will be permanently disabled, her back is shot and is not healing well. I also believe that this attorney has given her terrible advice by filing for a claim for back benefits that she may be eligible for but that the UI money is really a problem.

Anyone here have any advice I can give her? I would go to the attorney with her but don't know what to ask. TIA!!!!!!!!!!!!!!

She has some real problems and holes in her case. If she was in NY (not sure what state she is in) the following would be looked at.

In order to receive U/E benefits you have to be actively seeking work. If you are actively seeking work, you are stating you can work. While SS will state that this is not a problem IT IS. It is one of the first and easiest ways to get a rejection.

School: if she is trying to go to school for a new career, but seriously feels that she will be disabled, she may want to wait. Once her SSD is approved, she can go to school and try a new career, if it does not work, she can be transferred back to SSD.

I am not an attorney, just have a SIL who is in the same situation. I would recommend a second opinion from another SSD attorney.

The only question is why is she collecting U/E instead of short-term disability? Was she let go before the disability was discovered?

Whatever happens, I hope she feels better and can overcome the back problems. Maybe the surgery will make it so she can work.

 

[zuzupetals]

Social Security's feeling is that if you are well enough to go to school then you aren't disabled. Her lawyer should have told her that.

 

[Nancyg56]

Tinker- I agree that she is in a bit of trouble. She was laid off from her job a little over a year ago and was collecting UI. Her back was getting progressively worse and so she had major surgery in May. Still collecting UI. The operation was not an immediate success so her recovery was going to be a long one. I did not say much until then but once she had surgery I expressed my concerns. In the meantime someone told her to look into SSDI and that she would probably get back benefits. At that point I told her that was a bad idea. Turns out she had filed and was denied. Well she went to one of those firms that promise you success or you do not pay. She did not see the problems she was looking at even after I told her that there is no way to double dip and IMO, she was trying to do just that.

I know that she is between a rock and a hard place. Her UI is going to stop and she has no income. She feels that she needs to do something so she is looking at vocational school, they are really good at getting grants for education but I am worried that once they get her grant money she will really be out of the fat and into the fire. Taking a student loan in addition to accepting a grant is fine if you can go to work in a year but we still do not know where she is going to be in a year and jumping from one solution to another seems to be compounding errors. I think. She is going to be liable for the loan no matter what and if she is denied SSDI based on any number of reasons but cannot get a job because of her health what happens then?

I don't know if I am worrying over things that may not happen and making this worse for her but I cannot help but think that attorney only cared about the lump sum at the end of the road if she was granted the disability but did nto care about the UI issues she may face. She thought he was telling her it was okay but I think he did not answer her.

 

[Tinker'n'Fun]

I really think she should go to her doctor (not the surgeon) and have a heart to heart honest conversation about what he feels her goals should be. If she will not be able to work to her potential and if her back will be progressively worse each year, it may be best for her to apply.

The problem is, she is going to need a support system to help her during the times where no income will be coming in. Get all the information together for her - food stamps, heap, etc. She will need family who can "help". It's such a hard road to travel, but if she is really not progressing properly, she needs to take care of this now. Just think how much harder is will be if she ends up unable to walk for more than a few steps at a time.

SSD requires many doctors visits. Tons of paperwork. All that jazz. It can take a long time and may backfire. But she needs to do what is best for her.

For all of you .

 

[Nancyg56]

Thank you! I have suggested she go to her Dr and get some idea of what her future will be in regards to her ability to go back to work and the restrictions he feels will be on place at that time. Also if he can give her a timeline to look at. I also think she needs to get more info from that attorney in regards to the appropriate actions she may take based on her Dr report. We are not going to let her sink, she lives with her sister but she wants to be independent. I will also suggest she get a second opinion.

 

[Diegosmom]

I really dont think she should be collecting Unemployment. Each week you have to confirm that you are able to work and actively looking for work. If she was in the hospital and recovery from surgery there is no way she was able to work. Plus you said she has not been released back to work. Therefore I think she is committing unemployment fraud. If they find out her future wages will be garnished and she will have to pay back all the money that she has been given. Also by collecting she is telling the government I am able to work but then she is also tell the government no I cant work please give me SS...I dont see this turning out well.

 

[Nancyg56]

I really dont think she should be collecting Unemployment. Each week you have to confirm that you are able to work and actively looking for work. If she was in the hospital and recovery from surgery there is no way she was able to work. Plus you said she has not been released back to work. Therefore I think she is committing unemployment fraud. If they find out her future wages will be garnished and she will have to pay back all the money that she has been given. Also by collecting she is telling the government I am able to work but then she is also tell the government no I cant work please give me SS...I dont see this turning out well.

This is what we are so worried about. I am really concerned about this.

 

[crashbb]

Would applying for SSD show that has been fraudently getting UI since the sugery (or before that)? I thought you had to be able to work (and actively looking for it) to get UI? She was not able to work (that is the basis for her SSD claim), so she wasn't eligible, right?

So, not only would she not be getting retroactive SSD, she'd be charged with UI fraud (and have to pay that back).