6Mar

How do unemployment benefits affect a Social Security disability claim?

By , March 6th, 2009 | Building a Case | 75 Comments

Getting unemployment benefits and Social Security at the same time can cause a few problems.

How do unemployment insurance benefits affect a claim for Social Security disability benefits?

Receiving unemployment benefits can be a problem if you have a claim for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) because you are making two inconsistent statements:

  • To get unemployment benefits, you are claiming that you are able to work, but you cannot find a job.
  • But, to get Social Security disability benefits, you are claiming that you cannot perform any type of work at a substantial gainful activity level (generally full time work).

So, you are saying that you are ABLE and UNABLE to work at the same time.

In my experience, Judges do not like this and you are less likely to be found disabled under these circumstances.

I even recommend that my clients amend the Alleged Onset Date to some time after the unemployment benefits end. I do this by writing a short letter to the Judge noting that I wish to amend the alleged onset date to date “x.” Then, at the hearing, I mention the change to the alleged onset date again.

However, strictly speaking, Social Security does permit you to receive disability benefits and unemployment insurance.

The November 15, 2006 Memorandum from Chief Judge Frank Cristaudo states:

… the receipt of unemployment insurance benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether a claimant is disabled.

….

Therefore, it is SSA’s position that individuals need not choose between applying for unemployment insurance and Social Security disability benefits.

However, application for unemployment benefits is evidence that the ALJ must consider together with all of the medical and other evidence.

A second memo was issued on August 9, 2010 on how Social Security should treat applications for individuals receiving unemployment benefits.

This is a reminder of the policy concerning receipt of unemployment insurance benefits. Receipt of unemployment benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled. See 20 CFR 404.1512(b) and 416.912(b).

In considering claims of individuals who have applied for unemployment benefits, Administrative Law Judges (ALJs) should be mindful of the principles discussed in Social Security Ruling 00-1c, which incorporates Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999). In that case, the Supreme Court held, in a unanimous decision, that a claim for Social Security disability benefits is often consistent with a claim for relief under the Americans with Disabilities Act (ADA) even though there must be an ability to work in order to obtain relief under the ADA. The Court noted that, under the presumptions embodied in our five-step sequential evaluation process, a person can qualify for Social Security disability benefits even though he or she remains capable of performing some work. Similar logic applies to applications for unemployment benefits.

In addition, it is often uncertain whether we will find a person who applies for unemployment benefits ultimately to be disabled under our rules, and our decision making process can be quite lengthy. Therefore, it is SSA’s position that individuals need not choose between applying for unemployment insurance and Social Security disability benefits.

However, application for unemployment benefits is evidence that the ALJ must consider together with all of the medical and other evidence. Often, the underlying circumstances will be of greater relevance than the mere application for and receipt of the benefits. For instance, the fact that a person has, during his or her alleged period of disability, sought employment at jobs with physical demands in excess of the person’s alleged limitations would be a relevant factor that an ALl should take into account, particularly if the ALJ inquired about an explanation for this apparent inconsistency.

Accordingly, ALJs should look at the totality of the circumstances in determining the significance of the application for unemployment benefits and related efforts to obtain employment.

So, applying for, or receiving, unemployment benefits does not prevent you from getting Social Security, BUT it is a factor Social Security considers in deciding your case.

I have seen Judges react badly when an individual is claiming unemployment benefits and Social Security disability at the same time. Personally, I caution against it. However, if unemployment benefits are the only way you have to make ends meet, it is not (necessarily) the end of your Social Security case.

My thanks to Maine Social Security attorney Gordon Gates for bringing the first memorandum to my attention.

Updated 02/14/11.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.
  • Barbara Smith

    I will be receiving only 3 months of unemployment. I last worked on Jan 2008. I didn't even know I was eligible until I went to a work force center and I was told I had to file for unemployment. I just applied for social security disability on the phone but I have not officially signed any medical release papers yet. I have been unemployed for 16 months. I also am a client of VR and have applied for 300 jobs in a year. My counselor told me I should apply for disability as well. These are 2 contradictory organizations as well, but It seems I have no choice. I applied for disabiliy in 2007 and was denied. I worked very sporadically in 2007 and only made about 16,000 dollars. The 5 years before I was making close to 50,000 dollars annually. Even when I was working I forced myself to do it because I had no choice but to work. I frequenly cried while I was seeing patients in the bathroom. I had to cut down on my hours frequently. My disability started in 2004. I have lost everything. I need this unemployment now because my daughter and I are about to go homelesss. So, I would like to know if this is okay. By the time they make a decision I will not even be collecting unemployment. In other words this is very temporary and we desperately need the money.
    Barbara Smith
    szugye995@yahoo.com

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    Hi Barbara,

    As I state in the article, “receiving unemployment benefits does not prevent you from getting Social Security, but it is a factor Social Security considers in deciding your case.”

    If you would like a more thorough evaluation, I encourage you to speak to an attorney in your area who specializes in Social Security disability cases.

  • Dustin

    Ok here is a good one. I have brain cancer, and tried to continue to workin sells. All it did was cause to many issues. My memory is terrible because of the surgery. So I was able to get Calfornia Disablity right away, with my company paying for my leave of absence for a year, as well as picking up Social Security Disability within 6 months because it's brain cancer. My question is this, my state ran out today, and I can't get back into sells with my issue. Can I claim unemployment because the company would not have me back in that type of position because of the past? So I would be on Social Security already in place as well as unemployment till I can find a job that has nothing to do with sells. Try this question out for size.

  • danielmcmurtry

    Tomasz:

    I enjoyed reading your article, I had a case at hearing level today that was right on point. The judge cross examined claimant on unemployment benefits, claimant gave a good answer I thought, he said,”no one would hire me when i tried to find employment as required by unemployment office”. I agree with you though, much better if this problem does not arise, but I understand many claimants have no choice.

    Best regards,

    Daniel L. McMurtry, Esq.
    http://www.socialsecuritydenied.com

  • todd davis

    i was awarded SSD by the ALJ on july 22 2009 in california, a bench decision. I went to the welfare office to apply for GA and they told me I had an open claim with unemployment and had to send in my unemployment claim form for unemployment benefits. I am concerned that if I continue receiving unemployment it will cause problems with my claim. It will take about three months to start getting any money from SSD. I have no money so what should I do???

  • justin8683

    I recieve unemployment benefits because I was wrongfuly fired and I recieve social security because my daughter is disabled. Social security deducted my daughters benefits because I get unemployment with unemployment I get about half of what i made and now I make less and recieve less and now falling behind in bills. someone told me its because I'm not paying into social security is why it was reduced.

  • Thomas

    When the father of a child is collecting unemployment compensation and his child is approved for ssi payments. Base on the social security office said that the child cannot recieve SSI until the father goes back to work. Is unemployment consider an income under the special rule of Social Security and his child would be recieving SSI after he start working. This seem to be a little complicting. Would you please explain why.

  • mariareynolds

    I am disabled since my accident but I was working for 18 months and got unemployment but now I worry that I did not tell Unemployment that I am getting 500 a month on SSD .

  • mariareynolds

    I am disabled since my accident but I was working for 18 months and got unemployment but now I worry that I did not tell Unemployment that I am getting 500 a month on SSD .

  • kcozza

    If you are on unemployment and have become disabled, do you stop unemployment on diagnosis? Then apply for SS Disability? Up to that point able to work.

  • http://www.winyourdisabilityclaim.com/ SS Disability

    Amending the alleged onset date is a good idea if this is going to possibly cause the claimant any problems at their hearing. I've dealt with Worker's Compensation issues in SS Disability claims, but have never had the unemployment issue come up yet.

    The problem obviously, is that these claimants end up waiting years sometimes before they even end up getting any benefits. If the unemployment compensation is just right there for the taking, they may have no choice but to accept it while their disability claim is pending (especially now that the Feds are offering extended unemployment benefits due to the economy). Taking the benefits, and then amending the onset date is likely the best way to approach this situation in a SS Disability Hearing.

  • HELP !

    I have 5 kids and lost my job 2 years ago. I am on my extension which may or may not be extended again. I do have a dx of being psychotic and my mother told me to apply for SSD. I've suffered from panic attacks and depression for years (since 12 -its only gotten worst as I have gotten older)….I cant NOT take unemployment because thats the only way I can pay my bills, but I really need SSD…because I know I would qualify with that diagnoses. How could I go about this? I am 32 and need help ! !

  • http://www.personalinjurydefenders.com/ LAAtty

    It is wise to choose which claim or benefit to pursue. Pursuing both may cause prejudicial outcome.

  • deehardy

    i have been approved for social security disability but untill i was approved i was recieving unemployment benifits.I have just recieved a back pay check from disability .Is this correct?

  • scott

    thats my situation i get laid off every year when work slows down im a single father wit htwin girls they both have devlopmental delays and get ssi because of it the amount is based off what my income is as an ofset bu twhen i collected unemployment they said well because your getting money from unemployment from the state were counting 100% of that twords the children so instead of getting the amount i should have gotten from there ssi i got 2 checks for 16 dollarswhen working my average pay after taxes is around 525 dollars week and oncea month they would send like around 800 total from ssi to me now when i get unemployment 345 dollars a week i get two checks for 16 dollars ? doesnt seem right to me is this legal or is this ssi finding loophole bs to not pay out i live in rhode island

  • Tony crespo

    how can i can get social security when i came out of jail and i can not get job andnow i got a righf foot ligamentter.

  • http://disabilityhearing.com/ Asn5

    Greetings…

    Thanks for sharing your knowledge and opinions. And while everything you said seemed reasonable, I wanted to make a point on the subject:

    If one applies for Social Security disability benefits and is rejected, the government is telling that person that they are indeed able to work. Even if the applicant appeals the Social Security decision, when answering the unemployment questionnaire, the applicant would have no legal basis to state that they are unable to work. Since the unemployment questionnaire must be signed under penalty of perjury, is the applicant not bound to state that they are able to work?

    A better question is could the State unemployment department seek recovery from a Social Security award. This could be devastating, since unemployment benefits are often more than the amount of SS monthly benefits – thus leaving the applicant with none of the SS award and a State lien on their assets for the deficit.

  • http://disabilityhearing.com Asn5

    Somewhere there is a job trying out mattresses in a bed factory. Just because those jobs are rare and you can't find one is enough for you to both, qualify for unemployment and qualify for SS benefits, depending on your health. There are plenty of jobs out there that do not include “substantial gainful activity”.

  • Ellen Mitchell

    this is the situation i am in in south carolina.. I qualified for the extentions of benefits for the past 18 months.. now I have just been qualified for disability.. will this be a problem?

  • Saadi Nasir

    this is saadi
    i have recieve my unemployment benefit since one year ago until know and i get my disability approve case befor two weeks but i dont receive any check yet from disability benefit until now
    my quasions is how gonna work this two case

  • Gerald W Riley MS

    There is no payback of SSDI benefits from UI Benefits. Your SSI benefits are affected buy not SSDI.

    Gerald W Riley MS

  • Saexpediter

    Hi, my case is a bit different. Here’s the scenario. I have been receiving disability for 18 months. I recently was informed (and I confirmed) that Social Security allows you to “try” to work for a period of (up to 9months), while receiving your full SS benefit. So I worked for the census for 6 months and have accrued enough time and money to apply for unemployment. My disability is of the emotional variety, and the census job was a 5 hour a day job, (broken up into 2.5 hours twice a day). I (again) realized that I would NEVER be able to work an 8-10 hour day in an office type environment. Here’s the dilemma: Should I apply for unemployment ($400 a week), while I am receiving $3600 a month in social security??? Help Please….

  • guest

    ok, so getting ui for a year and then retro ssd, will ui be required to be repaid? if so when and to whom?

  • http://www.StasiukFirm.com TomaszStasiuk

    Getting unemployment (UI) benefits while applying for Social Security disability may negatively impact the Social Security disability claim. However, if an individual won their SSA disability case, there wouldn’t necessarily be any repayment assuming SSA was aware of the UI benefits.

    There are some circumstances which could cause a repayment, such as fraud, if the UI benefits are not reported to SSA in a SSI claim (likely overpayment situation), etc. Note: this is not a complete list.

  • teenspirit

    I agree that your either capable of working or your not stop lying! I’m also tired of hearing from people who complain that their unemployment benefits might be cut off after two plus years. I know a person who gets disability and its like four hundred a month. People on unemployment make that in a week and if you add up all the money most people on unemployment have recieved its probably equal to ten years of disability payments.

  • JoKo

    How can you state to one agency that you are not capable of working, and state to another that you are able and available for work?

  • Dee Ennis

    My daughter was receiving unemployment for a least a year, and then she applied for disability, she did not get it the first time around , so she applied again and won won her case. But all this time she did not know she should’nt be receiving unemployment. She contacted the unemployment and they send her a statement for over $9000 witch she paid promply from her award. Now they’ve send her 2 other statements saying she still owes them for overpayment, each statement is different. Can anyone please tell me how this is fair?

  • http://www.Planet10Tech.com TomaszStasiuk

    As noted in the post above, the rules permitting SSA disability are not the opposite of the rules permitting unemployment benefits. Or, to answer your question another way: because the rules say so and so does the Chief SSA ALJ :) .

    So, it is possible to get both — at least in theory. In practice, some Social Security Administrative Law Judges take the same approach as you and may not want to allow claims during the period an individual is receiving unemployment benefits. It all depends on the circumstances of the case.

    However, the judges are not pushovers granting benefits left and right, and certainly not in cases where an individual is also getting unemployment.

  • http://www.Planet10Tech.com TomaszStasiuk

    I am sorry to hear that. It sounds really rough. Has she contacted a lawyer in her area?

  • Daddyduck

    I worked for 20 years in a factory. I lost my job in 2008 as my plant moved overseas. Therefore I was able to draw unemployment. But I tried several times before I drew unemployment to get more jobs. I just had to many difficulties as my hearing deteriorated. Some places told me my hearing was a safety hazard and some said my hearing would be to much of a communication problem. Therefore I signed up for disability after my unemployment stopped. I dont think I deserved back pay as I was getting unemployment. Eventually I was approved for disability and they said my onset date was 2008. But law only allowed for backpay up to 12 months. I have been told what Im going to get per month for SSDI and when it starts. They said my backpay would be held for 60 days. If I were not to get back pay that I would get a letter. My letter stated that if I got SSI during the 12 months prior to signing up for disability that backpay would be denied. Yet it didn’t say that unemployment would stop me from getting backpay. I didn’t draw SSI but I did draw unemployment. I really think I’m going to get a letter saying sorry charlie no backpay. But it would be sweet. Thoughts?

  • Mike Alvarado

    Ihave been on unempolyment all of 2010. I “m now going to receive ssdi. Do I have to repay any money to UI for 2010. Thank You.

  • http://www.Planet10Tech.com TomaszStasiuk

    The above article deals with how SSA may respond to UI benefits while a SSA disability claim is being decided. After a disability decision is made, the applicable processing office (the local office for SSI cases, and/or a regional payment center for SSDI cases) decides the back benefit and ongoing benefit amounts as well as any offsets or repayments.

    Assuming Social Security has the relevant information about unemployment benefits, they “should” be able to address that issue.

    This is only half of the equation, though. UI is a state benefit program, and the particular state’s law will apply. So, there may be a particular state-based law or regulation that may come into play as well.

  • http://www.Planet10Tech.com TomaszStasiuk

    You know, if I had a crystal ball, I would be at the race track. :)

    Anyhow, this part, “My letter stated that if I got SSI during the 12 months prior to signing up for disability that backpay would be denied.” doesn’t make any sense to me.

    I have seen Social Security take out part of the back benefits for Workers’ Compensation benefits. However, that depends on the state the individual is in. I, personally, have not seen SSA reduce back benefits due to prior unemployment benefits, however I cannot say whether SSA can or can’t do this. This is complicated by the interaction between SSA (a Federal program) and UI (a state program based on state laws): 50 states equals possibly 50 different outcomes.

    The short answer is I don’t know. If a the disability case has been approved, then Social Security is figuring out what you will get and how far back it will go. Put another way, you will know soon enough. Write back when you get the decision and let us know how it turned out.

  • Sam

    Couldn’t you technically be disabled and unable to work gainful employment while you drew unemployment if you need an accommodation to work? You were on unemployment looking for work, but you would have to ask for accommodation under the ADA to be able to work the job, but then file for disability since technically you can’t work. So you put your onset date during which you were drawing unemployment looking for work, but whatever job you found, you would have to ask for accommodation.

  • http://www.Planet10Tech.com TomaszStasiuk

    As noted in the post (which I just updated with a new-ish memo BTW), you can technically receive both unemployment insurance and Social Security, and more importantly, receiving unemployment benefits does not automatically bar an individual from applying for and receiving Social Security disability benefits.

    However…

    Receiving unemployment insurance benefits and applying for Social Security disability benefits is, in my experience, often a problem. The outcome varies based on the specific facts of the case and judge hearing the case.

  • Kick

    In TN, it says you have to be looking for a minimum of 20 hours while on unemployment. So, if you work 20 hours minimum wage and make less than $1k which is SGA and can file and get unemployment like that. Then it looks the same to me as someone who had been looking for a 20 hour a week job while on unemployment who later filed for SSDI and had their date of loss while they were on unemployment.

  • http://www.Planet10Tech.com TomaszStasiuk

    So, you are saying if working 20 hours a week below SGA (less than $1k/mo gross) shouldn’t hurt one’s case, neither should looking for work 20 hours a week while receiving unemployment?

    It’s a good argument. I was going through the SSA FAQs last night and they are even more clear cut that unemployment should not preclude a SSA disability case.

    However I still see it being an issue when presenting cases to judges. So, people should be aware that receiving unemployment may come up at their hearing.

  • Kick

    It’s my understanding that you can apply and get disability if you work and/or earn less than SGA. Which is around $1k a month I believe right now in 2011. That is correct, yes?

    In TN, it says you have to be looking for a least 20 hours a week of work while drawing unemployment. 20 hours a week at minimum wage is less than $1k a month, which is less than SGA.

    So, it looks the same to me working 20 hours a week, and looking for a job at 20 hours a week. Plus, you also have the argument that just because you were looking for work doesn’t mean that work would become gainful. Especially if you’ve have problems with successful employment in the past, or had prior work place problems because of your conditions.

    I see it mentioned alot about disability cases getting presented to judges. But what percentage of cases get approved without having to be seen by a judge?

    If you go to a mental health clinic for disabiling mental impairments. They usually score you and document how impaired you are and what your level of functioning is. So, I would think it would be easier getting your case approved for a mental health disability if the mental health clinic has documention showing you have extreme low level of functioning vs. someone applying for disability for say chronic fatigue or something that is subjective.

  • http://www.Planet10Tech.com TomaszStasiuk

    There are statistics on approval rates. However I don’t have the link available right now. While you can extrapolate total approval and denial numbers, individual judges can vary quite a bit in the the percentage of cases they approve/deny.

    You make a good argument. However, things are not black and white. There are times and judges an argument may work in front of, and times when it won’t.

  • Kick

    Thanks. I’ll probably talk to an attorney to see what he thinks with regards to the judges in my area. But I guess it wouldn’t be much of a problem if the Judge doesn’t buy your date of onset while you were on unemployment as long as he’d be willing to move your date of onset to after your unemplement ran out instead of outright denying the claim.

  • http://www.Planet10Tech.com TomaszStasiuk

    Cases are not formulaic. It is almost never as simple as “having A, B and C” being better than “having D, E and F.” This causes occasional frustration for my clients trying to find the perfect “recipe” for their case.

    An objective diagnosis is nice. However, the totality of the evidence is almost always more important. Even cases with the same diagnosis vary widely on the evidence each one has. That means that there isn’t a cook book for handling disability cases. You have to individually evaluate each one.

  • http://www.Planet10Tech.com TomaszStasiuk

    You have exactly identified the risk of selecting the “wrong” onset date.

    How *likely* a risk it is, is something a lawyer in you area can go over with you.

  • Kick

    Do you have any advice on how to select an attorney to talk to? I know some attorneys only take your case or talk to you after you have been denied SSDI once or twice. So, might be hard to talk to one if you’ve not even filed yet.

    There are some attorneys, some of which are big coporate 1-800 type deals, that advertise that they will help you file your claim and work it through the system. Those look like a better idea since they help you file and help your word your application for SSDI vs. you filing it on your own. Though, I don’t like the idea of talking to a 1-800 SSDI attorney group and talking to Joe Blow on the phone about getting my application for SSDI set up and signing away that they are my representation.

  • http://www.Planet10Tech.com TomaszStasiuk

    I do: http://www.socialsecurityinsider.com/category/basics/legal-help/

    I’m not a fan of the national firm model. Check out Nate Craig’s comments on this post: http://www.socialsecurityinsider.com/2008/10/national-law-firms-vs-local-lawyers/

  • Pingback: Reviewing your Social Security exhibit file - Part 3 work history | Colorado Social Security Law

  • GLAMOURGIRL1964

    FROM NEW JERSEY: WHAT IF YOU WERE ALREADY ON SSDI, WENT BACK TO WORK FOR THE TRIAL WORK PERIOD PERMITTED BY SSDI, LOST YOUR JOB AND THEN FILED FOR UNEMPLOYMENT? IS THAT OK? DEAR GOD I HOPE SO, CUZ THATS WHAT I DID. I COLLECTED ONLY FOR 17 WKS BUT I DONT WANT TO GET IN TROUBLE EITHER.. WHAT SHOULD I DO? ITS AFTER THE FACT NOW UGGG I SHOULDNT OF LISTENED TO THE “WORK FIRST” PROGRAM. THEY ARE THE ONES THAT TOLD ME TO FILE CUZ ONE DIDNT EFFECT THE OTHER AND I WAS IN FEAR OF LOSING MY HOME AND WAS TOLD IT WAS OK TO DO SO. NOW IM WORRIED :(

  • http://www.Planet10Tech.com TomaszStasiuk

    Off the top of my head, your question suggests a number of issues: did you use up all the trial work period months? Are you still in the re-entitlement period? Have you contacted Social Security? Etc.

    However, I do not offer legal advice in comments. Contact a lawyer in your area to go over your situation and answer your questions.

  • John

    I recently went through my disability hearing (supplemental) and was approved. During the first hearing I was asked by the Judge if I had any incoming income what so ever and I mentioned that I was receiving Unemployment benefits. Well he did not like this and asked if I knowingly lied, not knowing what to say I said yes. Like I said in the beginning of this post I was approved. After reading some information on applying for both (I was collecting Unemployment 6 months before I decided to apply for Disability) it seems it is not really wrong to do this if ones intention is not to pull one over on the Government. The fact that my disability was backed my several medical specialists and was approved it showed the Judge that I was not doing such. How ever my retro (Dec 2, 2008 to Dec 10th 2010) was withheld without notice of why. Can I assume this was due to my collecting Unemployment? If this is the case is there any way of getting this money back? I don’t know if there is any kind of hardship situation that applies but I have been homeless for 6 plus years (while working, collecting unemployment, and applying/waiting for disability) and would have been far worse off without the unemployment benefits. Any information you can give me will be appreciated.

    Thanks in advance, John Patten.

  • BettyH

    My problem is the last several jobs I’ve had. I had to have an accommodation to do the job. One place fired me because of the accommodations. Another got rid of me because of being under accommodations and I guess they got tired of it. I was almost to the point of having to file for disability anyways as my physical and mental impairments got worse with time and significantly limited me in taking care of myself and working. Since the last place that got rid of me. I had been looking for something I could do while on unemployment. But haven’t been able to find anything due to my many limitations. The last place I was at, I got moved around several times due to my medical problems.

    While on unemployment, I haven’t been able to find anything that I could do. So, I’m going to have to go ahead and file for disability as I had been delaying that as long as I could when I was working. I decided now to instead try and find something I might could do part time while I go through the disability process. I’m going to try and put my date of onset after I was let go from the last place while I was on unemployment. I didn’t plan to be on unemployment for a long time then file for disability then back date it. I just tried to find a job I could do with my limitations, but came to a realization from talking to my counselor that there really isn’t anything I can successfully do since I’ve had significant problems at every job I’ve had due to my medical problems. Which my medical problems cost me to lose several jobs because I needed accommodations that the employer used as a reason to let me go. So, I figured it is in my best interest to file for disability instead of keep going through the process of losing jobs over and over.

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi John,

    Are the retroactive benefits being withheld or are they just not processed yet? If they are being withheld, is it a permanent thing, or is Social Security holding them while they consider things like attorneys fees, work comp offset, repayment of state interim benefits, reduction for any periods of incarceration, etc.

    I can’t offer legal advice in comments so, I am not asking your answer these questions. However, these are some of the issues that occur off the top of my head. If you have an attorney, give them a call. If you do not, your local SSA office should be able to fill you in on what is happening with your retroactive benefits.

    Good luck John!

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