Comments on: How do unemployment benefits affect a Social Security disability claim?

By: danielshelley_

danielshelley_ — Sun, 08 Jan 2012 13:35:00 +0000

hi, im curious to know what happened for you..what did alj say?

By: Declan Gourley

Declan Gourley — Tue, 20 Dec 2011 03:41:00 +0000

Allsup are not attorneys and because of this they do not have an attorney-client privilege. I had a client recently who had a long term disability carrier require that he file for SSD benefits. They then steered him towards Allsup, making it sound like they were the only firm willing to do these types of cases on contingency. Throughout the process the Allsup reps would be providing all of his medical records to the LTD carrier. The LTD carrier then used these med records to deny him LTD benefits. Absolutely ridiculous. Just another reason why I recommend using an attorney rather than non-attorney rep.

By: Bob

Bob — Sat, 19 Nov 2011 07:11:00 +0000

If you were on unemployment and filed for SSDI. You then get approved for SSDI. Can you still draw on the unemployment, or should you stop calling? It is my understanding you can be on SSDI and earn below $720 without affecting your benefits. So I assume you could still draw unemployment since you can still work while on SSDI. Though my unemployment would be more than $720, so unsure if that would affect anything?

By: BRM

BRM — Fri, 18 Nov 2011 01:18:00 +0000

i started receiving unemployment the middle of 08 and it ended the end of 10 i filed a disability claim in the middle of 10.I have a date with a judge in 6 days,do you think this will affect the outcome of my case????????????!!!!!!!!!!!!

By: Paula Berube

Paula Berube — Wed, 19 Oct 2011 18:23:00 +0000

I have been receiving unemployment benefits since February 2011 and had an appointment with Disability two days after I was laid off. The woman I spoke with at the disability office told me to keep filing for unemployment while waiting for a response from disability office. Will I have to repay my unemployment benefits back. I live in Connecticut. I’m not too happy about this situation I’m in and I’m an honest person I will pay back what I owe if necessary. I don’t want to contact the unemployment office in fear of going to court. Please help if you can.

By: Terri

Terri — Wed, 05 Oct 2011 21:23:00 +0000

Allsup is great to work with.

By: TomaszStasiuk

TomaszStasiuk — Thu, 25 Aug 2011 17:01:00 +0000

Take a look at

1) http://www.socialsecurityinsider.com/2009/03/how-social-security-reviews-cases-the-5-step-sequential-evaluation-process/

2) Cased below 50: http://www.socialsecurityinsider.com/2009/09/getting-social-security-disability-benefits-before-you-turn-50/

3) Cases above 50: http://www.socialsecurityinsider.com/2009/10/guest-post-on-bob-krafts-p-i-s-s-d-website/

By: Tlwilkerson

Tlwilkerson — Tue, 23 Aug 2011 17:31:00 +0000

if you are over 56 and can’t do the work you have always done , you can receive unemployment payments. Unemployment standard is that you are able to do something, anything. Social security if you are over 56 standard is that if you can not do what you have been doing and have no other traing you are eligible for disability

By: Telly

Telly — Mon, 04 Apr 2011 00:00:00 +0000

Ok. Whoever I sign up with. I’ll see if they will do two payment structures. The first would be a structure if I get approved the first time. As I’ve read places like Allsup have something like this. I’ve read of them just charging $750 if you get approved the first time.
As that means they wouldn’t have done much work compared to going all the way through one or two appeals before a judge.

And the other would be a structure if I have to go through appeals. Which usually is the 25% of you back payment.

I’ve got good documentation that I think I have a good chance getting approved the first time around and would hate to have paid someone $6k just for filing my application with SSDI.

By: TomaszStasiuk

TomaszStasiuk — Sun, 03 Apr 2011 16:00:00 +0000

Social Security only permits 2 fee structures: 1) 25% up to 6k contingent, or 2) fee petition
http://www.socialsecurityinsider.com/2008/07/how-much-can-a-lawyer-charge-for-fees-on-a-social-security-case/

You can check it out directly on the SSA website: http://www.socialsecurity.gov/representation/overview.htm

Theoretically, a representative can ask for a “33%.” However, that means they would have to file a fee petition which SSA has to approve before they take any money as fees.

By: Telly

Telly — Sun, 03 Apr 2011 09:26:00 +0000

Is there different compensation arrangements attorneys or DA’s do if you win your case on your first try? i.e. I know they can get up to 25%/$6k max fee of your back pay if you win your case. But I’ve read some people reporting there are some agreements where an attorney will charge you X amount if you win on your first try. And then if it goes beyond that, you get charged the standard 25%/$6k max fee.

I’d be filing my date of onset around a couple of years ago. And I’ve got pretty good documentation on my disabilities and impairments that have been going on for some time before and after that date. And I’ve got paperwork from before and after that date that shows that my activities of daily living are low, my impairments are severe and expected to last longer than one year, etc. So, I feel I have a pretty good case to win on the first try with my documentation. But I’d just hate to get approved the first try after a few months and the attorney or DA gets $6k for simply filing my SSDI application with the SSA.

By: TomaszStasiuk

TomaszStasiuk — Fri, 01 Apr 2011 18:34:00 +0000

Ok. Sorry for the misunderstanding.

By: TomaszStasiuk

TomaszStasiuk — Fri, 01 Apr 2011 18:33:00 +0000

I don’t know anyone that I can recommend. I have a number of articles about picking a lawyer. These include some suggestions on the questions to ask and which to avoid.

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

All my best!

By: Telly

Telly — Fri, 01 Apr 2011 08:37:00 +0000

I’m not waiting to apply when my UI runs out. I was looking for full time work for a long while. But realized I can’t find anything as I have multiple disabilities. So, I started looking for part time work and have been working on my case. As I have to try and recall what doctors I’ve seen for 10+ years regarding my disabilities. And I have to try and write up how each of my disabilities prevents me from working. Which will be kinda hard. Plus, I’m looking for a Dis. Rep. or attorney to sign up with to help me file and tell the SSA how my disabilities keep me from gainful work.

I plan to put my date of onset shortly after I last worked. Which was a couple of years ago.

By: Telly

Telly — Fri, 01 Apr 2011 08:33:00 +0000

I was referring to a different place that is free. It was just the first website I came across that mentioned using volunteers to help you file your claim. I later found out the reps like Allsup charge. But I’m looking at either attorneys or something like Allsup to help file my claim.

Do you have any recommendation for a non-attorney Disability Rep that helps you from the beginning? I haven’t even come across attorneys who help you file your case.

By: TomaszStasiuk

TomaszStasiuk — Wed, 30 Mar 2011 23:26:00 +0000

Some attorneys (like my office) help file claims, some others do not. As with any kind of shopping around, you have to ask.

You mention volunteers helping people apply. I am not sure if you are suggesting Allsup is free. However, according to their own website, they are not: http://www.allsup.com/allsup-representation/fees.aspx As far as I can tell, it is the same 25% up to $6k fee structure many attorneys use.

I’ll tell you, they have a pretty website and a slick sales pitch. Personally, as a practitioner in this area, I am not wild about national practices. Take a look at this post and particularly Nate Craig’s comment at the bottom. http://www.socialsecurityinsider.com/2008/10/national-law-firms-vs-local-lawyers/

Ultimately, you have to go with your gut, and I can tell you are leaning toward using a non-attorney rep. I wish you the very best and hope you win your case.

By: TomaszStasiuk

TomaszStasiuk — Wed, 30 Mar 2011 22:37:00 +0000

Ah, so you are thinking of waiting to apply for benefits until your UI runs out.

Any individual thinking of waiting to apply for benefits, should keep this in mind: http://www.socialsecurityinsider.com/2008/06/applying-for-social-security-benefits-is-it-better-to-wait/

By: Telly

Telly — Wed, 30 Mar 2011 20:00:00 +0000

Yeah, I later read about Disability Reps charging you like an attorney. There was a page I was on that helped people file for disability. And they talked about using volunteers.

The Disability Rep I’ve read about that seems to be 100% invested in SSDI claims is Allsup.

I saw your blog and it seems you prefer using attorneys vs. Disability Reps. Which I can understand. The one problem is alot of them don’t help you till after you have been denied once or twice. So, I’m not sure how many lawyers would help you actually file your claim and gather your medical documentation and explain your impairments to the SSA when you file. Where as the Disability Reps advertise they help you file and gather your medical records. I would need help filing my claim vs. doing it myself.

I think the Disability Rep helping you file, gather your medical records to review, and help presenting your case to the SSA at the start would help get your case approved quicker than doing it yourself and messing up. Though, there may be lawyer groups out there who do that from the start. But someone I talked to in a clinic who has delt with people filing for disability say the lawyers usually don’t touch cases till after you’ve been denied twice.

By: Telly

Telly — Wed, 30 Mar 2011 19:46:00 +0000

Because when I talked to them about my credits. I asked if I had enough time in. And they said I had to have worked 5 out of the past 10 years. So, I told her the last date I worked. And she said I had 5 years from that date to file if I become disabled after my last day I worked. Then I found out it is different from what I can tell. I figure if they gave me wrong info on when I needed to file by and what kind of time I needed. Then they may have told me wrong on my work credits.

This is what I’ve read on the time I need:

•Age 24 to 31–You may qualify if you have credit for working half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).

Ok, I just looked at that paper the SSA gives you every year. And it does say I have earned enough credits to quality for benefits. So, I guess all I have to do is make sure I have enough recent work to qualify. I tried figuring it up. And I believe I’m good for a couple more years if my date of onset was moved to a few years from now and I didn’t work in that time.

I just got worried after learning that 5 out of 10 I was going by doesn’t apply to me. But I think I’m still good as if the judge moved my date of onset to after my unemployment runs out. I should still be able to qualify if that happens.

By: TomaszStasiuk

TomaszStasiuk — Wed, 30 Mar 2011 15:26:00 +0000

I understand not wanting to overpay: http://www.socialsecurityinsider.com/2008/08/i-need-help-but-i-dont-want-to-be-ripped-off/

However, no one charges 33%. See http://www.socialsecurityinsider.com/2008/07/how-much-can-a-lawyer-charge-for-fees-on-a-social-security-case/

Anyone who wants to charge for services on a Social Security case has to get approval from Social Secuirty. A-N-Y-O-N-E. That is from charging you $50 to fill out a form for you, to working up your entire Social security case under a contingent fee agreement.

Disability Representatives don’t charge a thing? Really? There are agencies, like Legal Aid, that assist people for no charge. However, many disability reps are offering the same services lawyers offer for the same price. If you think that’s a good deal, consider this: http://www.socialsecurityinsider.com/2009/02/home-study-social-security-advocates-representatives/