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Can I "refund" Unemployment Benefits Received To Receive Lt Disability Benefits Instead?

Workers Compensation Law Discussion

Can I "refund" Unemployment Benefits Received To Receive Lt Disability Benefits Instead?

Postby washington » Tue Feb 16, 2016 11:32 am

I am in California. I suffered a back injury resulting from a car accident. At the end of my short term disability benefits(6 months), long term disabililty was denied by my company's third pary administrator. The denial was appealed and being worked by lawyers. In the meantime I applied for and received unemployment benefits. Now many months later the appeal was successful for the disability, but the disability administrator wants to only award benefits LESS the unemployment benefits received. In reality I should "refund" unemployment benefits and receive the full disability benefits, as I should not have ever used any of my unemployment benefits had my disability been originally granted. Specifically concerned so that I have not exhausted my unemployment benefits should I need them at the end of my disability. Is this possible?
washington
 
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Can I "refund" Unemployment Benefits Received To Receive Lt Disability Benefits Instead?

Postby urian27 » Fri Feb 19, 2016 1:03 pm

I am in California. I suffered a back injury resulting from a car accident. At the end of my short term disability benefits(6 months), long term disabililty was denied by my company's third pary administrator. The denial was appealed and being worked by lawyers. In the meantime I applied for and received unemployment benefits. Now many months later the appeal was successful for the disability, but the disability administrator wants to only award benefits LESS the unemployment benefits received. In reality I should "refund" unemployment benefits and receive the full disability benefits, as I should not have ever used any of my unemployment benefits had my disability been originally granted. Specifically concerned so that I have not exhausted my unemployment benefits should I need them at the end of my disability. Is this possible?
urian27
 
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Can I "refund" Unemployment Benefits Received To Receive Lt Disability Benefits Instead?

Postby Corby » Sun Feb 21, 2016 9:31 pm

We have some apples and oranges issues here.  When you were denied long term disability(which is awarded, btw, by the federal government under Social Security--your company may have an additional benefit) were you then terminated or did you not work?  How did you file for unemployment if you were not unemployed but disabled? Unemployed means no job but ready, willing and able to work.   You do need to refund the unemployment money - it was wrongfully paid to you - not sure how.  The long term disability carrier is right.  You cant collect both.   If you are still disabled after the end of the disability payments by your company AND if they terminate you for not coming to work, then you can refile for unemployment.  They may or may not grant it.  If you anticipate long term disability, you need to file for any disability under the state(tho I am guessing that your company is self employed) and then go on to file for Social Security disability.   You really cant 'manage' these benefits to your convenience - there are fraud issues that come up here. Speak with your lawyer about all of this.  
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Can I "refund" Unemployment Benefits Received To Receive Lt Disability Benefits Instead?

Postby renshaw79 » Fri Mar 11, 2016 1:53 pm

Disability and unemployment We have some apples and oranges issues here.  When you were denied long term disability(which is awarded, btw, by the federal government under Social Security--your company may have an additional benefit) were you then terminated or did you not work?  How did you file for unemployment if you were not unemployed but disabled? Unemployed means no job but ready, willing and able to work.   You do need to refund the unemployment money - it was wrongfully paid to you - not sure how.  The long term disability carrier is right.  You cant collect both.   If you are still disabled after the end of the disability payments by your company AND if they terminate you for not coming to work, then you can refile for unemployment.  They may or may not grant it.  If you anticipate long term disability, you need to file for any disability under the state(tho I am guessing that your company is self employed) and then go on to file for Social Security disability.   You really cant 'manage' these benefits to your convenience - there are fraud issues that come up here. Speak with your lawyer about all of this.   peppercat 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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