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Va Disability Comp And Unemployment Com

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iraqx2

Question

I am currently receiving VA Disability payments at 40%. Last week, I was laidoff by my employer and they told me that I can collect unemployment. Can I receive both VA payment and unemployment at the same time? Or will the amount be offset? I tried researching online but only seen wording on " Vo Rehab and VA eduacation Benefits " must be reported, nothing about disability payments. Can anyone please shed some light into this? Thank you.

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  • HadIt.com Elder

It shouldn't be, it's unearned income. Are they going to reduce your unemployment cuz you get interest on your savings!!! Sorry, don't think they can do that. They might want to but no can do.

pr

Guys, remember. I am worried and trying to get unemployment, not VA comp, which I know is good to go and established. They said that my unemployment may be reduced by VA comp payments. Hope the clarifies things.
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Hey Guys,

Thank you and Thank you as always for the wonderful and sincere opinions. I am also at the tail end of my appeal for PTSD. I have a C&P evaluation set for DEC 1st in hopes of getting the rating increase.

On a side note, yes, I will keep my head up. I have never seen the economy so bad and jobs so scarce. You guys have to understand that I am 40% but as of last week ( Veterans Day, LOL ), I got laid off from a very very nice job. I am also going for VO- Rehab. At 37 with two young kids, I am at a point in my life and must decide whether to ever go back to work and use all my entitlements as much as I can.

Special thanks to VAF and Rentalguy.

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Did you get laid off due to your inability to perform your job, or due to a business slowdown/reorganizaton? Were you the only employee laid off, or were there others? Could an argument be made that your disability made it impossible for you to perform your duties without a reasonable accommodation (the American with Disabilities Act applies to employers with 15 or more employees, and where the employer would not experience "undue hardship" in accomodating the employee)? Do you know whether your disability caused your company's insurance costs to escalate to cover you?

Do you have the feeling you were laid off for reasons other than what were given to you, if you were given any reason at all?

I'd like the other folks here to chime in on this -- Could this veteran file for TDIU and SS disability at the same time he looks for work and is collecting unemployment compensation, on the condition that he immediately withdraw those disability applications if he finds other full-time meaningful employment ("meaningful" as defined by the Veterans Administration)? As long as those disability applications are pending, he isn't actually collecting TDIU or SS disability, nor is he working in violation of those applications. What do you guys think? I understand the inherent contradictions, but as long as nothing has been granted or he isn't hired, what laws might prevent him from doing all at the same time? Especially if his disability had anything to do with his being terminated?

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  • HadIt.com Elder

You can apply for any disability comp and still look for work. I did it while collecting unemployment and looking for work and applied for ssdi a month after being laid off. When I applied for ssdi, I told them I was collecting unemployment comp.. Also collecting va disability and filed for rate increase and iu. I earned the right to collect unemployment and used it and you have to survive. Hope this helps.

Also, I am allowed to work while collecting ssdi. I believe your income has to be no more than 900 a month. I doubt that I will go back to work.

T&B

" In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a Congress"

- John Adams

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I got laid off because of " economic " reasons. Now I think I can collect unemployment ( which I qualify for ) and still collect my VA disability ( which I already have ), which originally started this post.

When this incident happened, I was in the midst of appealing my 30% PTSD to 70%. As strange as it may be, this laidoff may of helped my case with the VA, along with additional evidence from a private doctor. It was my 4th job in 4 years, I am having a tough time keeping jobs. This is submissable as evidence. My VSO walked the paperwork to the rating person because I am now an unemployed disabled veteran, he managed to schedule me another C&P WITHIN 3 WEEKS, on DEC 1st. Again, its scary how timing of it all could be in my favor. Never the less, I lost a VERY VERY GOOD HIGH PAYING JOB, one that I dont think I can get again, and especially the tough job market and economy.

So plan A is to win my 70% and collect my max unemployment for the next 8 to 10 months while I search for a job. In addition, I have also applied for Vo rehab.

Another plan if I win my 70% is to also apply for SSDI, and because of my salary, I would max out on that too, and my case would supposedly be expedited under the OIF- Wounded Warrior criteria at Social Security.

My needs are simple. At 37, I could retire now if I plan and things fall my way.

( Now if I figure out how to get CRSC, LOL )

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The word "economic" is in quotes. Does that mean that you don't think that was the real reason for your lay-off? Again, were you the only one laid off? If you were, remember to mention that in your VA appeal.

Four jobs in four years sounds familiar. My husband went through 12 jobs in seven years, and so I understand what you're talking about, one of them a pretty high paying position in sales that he lost because of service-connected disabilities (but the company was too small to be covered by the ADA). He was denied TDIU during a lull somewhere towards the end of that stretch of time. He's now 100% schedular and collecting SS disability, but he was in his 50's when he applied and was granted SS disability.

Your being 37 makes me wonder if you have enough quarters paid into the SS system to get a disability from them vs. a means-tested pension.

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