Can I Collect Unemployment While SS Appeal and WC Claims are Pending?

Aug 22, 2014 | Claims Process

I have DDD and chronic pain at cervical and lumbar levels. I was terminated by my employer 6 months ago because I could not return to work full-time without restrictions. I have a pending WC claim, but my employer is contesting compensability. They now want to schedule me for an IME exam. It has been over 6 months since I have had any type of income. What are the repurcussions of filing an unemployment claim?


Our Answer:
There are three issues here:


By waiting you may have reduced your benefits or waived benefits. Your benefits are calculated using your wages during a “base period” which is the first four of the last completed quarters at the time you file for Unemployment. – if it has been six months you may have lost two of those quarters.


As with the other answers when you obtain Unemployment Benefits, you are certifying you can work. That doesn’t mean you can do any type of work – just some kind of work. Different Social Security Judges look at this differently – so be prepared to explain why you said you can work to get UE, but are saying you can’t do a full time job in a position that exists in significant numbers in the economy. (The definition for disability under Social Security).


The only impact will be IF you get your claim ordered as compensable and are entitled to lost wages under Workers’ Compensation. In that case the insurance carrier will get a credit for any of the unemployment (UE) received. Example: If you received $1000.00 in UE for the month of June – and workers’ compensation must now pay for June – they might have had to pay $1,600.00 but now they only pay $600.00 for that month.


If you have a denied claim and the carrier is sending you to a so-called “independent” medical examination – then your case is in trouble and you need to get a lawyer right away.