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TDIU and Unemployment Insurance

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Patrick2020

Question

I apologize if this is in the wrong place, but I'm hoping someone can answer this my question.  My anxiety has been steadily increasing since thinking about this topic today.  I was recently award TDIU but have been on unemployment compensation with the state.  I haven’t claimed unemployment comp since being awarded TDIU, but do I need to worry about receiving the unemployment comp prior to being granted TDIU?
 

Any support with this would be greatly appreciated!  
 

Thank you!

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  • HadIt.com Elder

Yeah he maybe  going to school to become a VA Claims Agent  I think he had mention that  but he also mention he was taking care of his Grandkids too.

Maybe he will come back soon.

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On 3/9/2021 at 1:05 PM, broncovet said:

Be careful.  In my state, to get unemployment, you sign something that says you are ready, willing and ABLE to work.  Not DisABLED.  

You are setting yourself up for a fall if you tell unemployment you are ABLE, and VA you are DIsABLED at the same time, that's a contradction.   Check with the laws in your state, I have no idea, your state could have disability and unemployment in the same package.  

That's not necessarily contradicting. TDIU allows you work, with limitations. Therefore, you can still be able and available for work. Also, unemployment isn't earned income or gainful employment so it shouldn't count towards TDIU. This is no disrespect to anyone, but setting yourself up to fail is taking message board advice without conducting proper due diligence. I.E. Looking up state and federal statutes . Just IMO based on some research. 

 

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  • Adminstrator

TDUI is very limited in what you can and cannot do.  

If you have verified both sides to make sure it works and they support you doing this, then go for it.

Now if you are going off of what you read and did not verify with the VA and Unemployment, then you are playing with fire.  Meaning if they catch you, and you are outside of what the rules are then you could lose both benefits.

I am always looking for a way around the rules to see if there is another way.  I have been proven wrong before and it stings.  I have also found what someone told me was dead wrong.  So do you homework and don't assume you are right with verification.  Once you have it document it and save it!

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It is possible to be disabled from one profession and simultaneously also able to work in other professions thus you can get unemployment while being disabled.

1. You need your back to do heavy labor. Your training and work history only supports heavy construction but your back gives out.

2. You can still do clerical or menial sedentary tasks although you are disabled from your prior occupation.

3. Or the computer technician that loses the use of his feet. He can do programing but he needs more training where unemployment supports worker retraining rehabilitation.

Its truthfully possible to be disabled and also eligible for unemployment at the same time but it has to be based on your particular situation and facts. This has been supported by legal precedent and case history. As with anything, do your homework....

Edited by Dave.O
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