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Partially disabled worker is allowed to collect unemployment benefits and disability

Michael Boss was a sawyer at Hill's Crate Mill for 9 years before the business closed.  He then applied for unemployment benefits.  He also sought disability benefits, based on a fractured hip, injured back and closed head injury that he had suffered in 1988 and 1993 incidents.  He claimed that he was willing to work but acknowledged that there were many jobs he was incapable of performing. 

Boss was originally denied SSD but granted unemployment benefits.  When his appeal was successful and he informed the agency that he had been deemed "disabled" and granted disability benefits, the Michigan Compensation Appellate Commission (MCAC) sued him to repay the unemployment benefits he had received.  It accused him of fraud and ruled that he owed the Agency a total of almost $96,000.00.  The Court of Appeals reversed this decision, holding that Boss did not commit fraud by seeking disability benefits and unemployment benefits at the same time, since he believed that he was able to work some jobs and uncertain with regard to whether he met the definition of "disabled."

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