Can the unemploymentoffice sue my dad for collecting benefits while unemployed if he signs up for social security disability benefits?

UPDATED: Aug 21, 2011

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Can the unemploymentoffice sue my dad for collecting benefits while unemployed if he signs up for social security disability benefits?

My father injured his back a few years ago while working for a construction company. He then got a different job drawing architectural designs. He was laid off from his job 8 months ago, although they didn’t tell him personally. We think the reason is because he was having upcoming back surgery and they didn’t want to have to deal with him being gone and paying him. He got unemployment benefits but this has now ran out. He has been looking for a jo, but hasn’t found one. If he signs up for SSD, can unemployment come back and sue him for collecting while “disabled”?

Asked on August 21, 2011 Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your father probably can not be sued by his state's unemployment office under the circumstances. The fact of the matter is that a person can collect both unemployment benefits and Social Security disability at the same time. Therefore collecting SSD after unemployment benefits have expired should not present a problem. 

Here are links to 2 sites that will explain further:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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