What You Need To Know If Youre Unemployed And Eligible For Social Security Benefits
No one wants to risk losing their Social Security benefits, so many Americans applying for or receiving Social Security benefits, whether through Social Security Disability Insurance are hesitant to apply for unemployment in the event of a job loss.
Is it true that you will lose benefits? If youre wondering how can unemployment benefits affect Social Security disability earnings, then DEF is here to answer your questions.
How To Apply For Unemployment Benefits
The best and fastest way to apply is online. You can apply by phone, but not in person. At this time, you cannot apply in person. The steps below will guide you through the process.
Get ready to apply
Reasonable accommodation. Information on reasonable accommodation is available for unemployment benefits customers with disabilities.
Can I Apply For Unemployment And Long
It is not that uncommon for someone to apply for unemployment benefits and long term disability benefits. But can you?
No. You cannot receive Disability Insurance and Unemployment Insurance benefits at the same time
Generally, someone who is receiving long-term disability benefits cannot receive unemployment benefits at the same time because of the basic purpose of each benefit. LTD benefits are for individuals who are unable to work because they are disabled due to illness or injury. Unemployment benefits, on the other hand, are for individuals who are ready, willing, and able to work but cannot find a job.
Two Opposite Positions?
Virtually all long-term disability insurance carriers and claims administrators will use your application for unemployment benefits against you. Often, disability insurance companies interpret your applying for and/or receiving unemployment benefits as evidence that you believe you can work. They may also claim you lack credibility because you are maintaining two opposite positions of your ability to return to the workforce.
In short, you are telling the disability insurance company you cannot work because you are disabled while telling the unemployment agency you are ready and able to work but cannot find a job.
Disability Insurance Benefits Denied Because you Applied for Unemployment Benefits?
Offset for Unemployment Benefits
Most long-term disability insurance policies have an offset, or deduction, for other income benefits.
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What Happens If The Dac Gets Married
If the child receives benefits as a DAC, the benefits generally end if they get married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
I Am Unemployed Due To Covid
If youve become unemployed due to the economic crisis caused by the COVID-19 pandemic, you can apply for unemployment insurance benefits. Unemployment benefits do not affect or reduce retirement and disability benefits. State unemployment compensation payments are not wages because they are paid due to unemployment rather than employment. However, income from Social Security may reduce your unemployment compensation.
To learn more about receiving unemployment insurance and Social Security benefits at the same time, dont hesitate to contact the unemployment agency in your state or a local disability advocate group in your area. Or, reach out to any of DEFS experienced disability advocates! We are here for you and happy to help answer any of your questions.
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Getting Unemployment Insurance When You Could Be Getting Sdi Instead
If you got laid off, but you can’t actually work because of a non-work-related disability, it can be a mistake to apply for Unemployment Insurance .
Many people don’t know about the State Disability Insurance program, and apply for UI instead. However, SDI can give you a larger benefit for a longer period of time than UI, and you won’t get UI benefits if you’re not able to look for work and accept work if it’s offered. Plus, you can’t get UI and SDI at the same time. So even if you are unemployed, it’s better to apply for SDI if you have a non-work-related injury or illness that keeps you from being able to work. If you learn about SDI after applying for UI, you can transfer from UI to SDI instead of staying on UI benefits.
Do You Qualify For Theveterans Affairs Individual Unemployability Benefit
VA veteran who is unable to obtain and maintain substantially gainful employment due to one or more service-connected disabilities are entitled to a TDIU. A TDIU provides compensation equal to a total disability rating, even though the ratings for VA service-connected disabilities might combine to less than 100 percent.
To qualify, a veterans claim or appeal must show that he or sheis unable to obtain or maintain a substantially gainful occupation because of the physical or mental impairments caused by service-connected disabilities.
There are two important parts to this analysis: whether the veteran can get and keep work, and even if the veteran can or does work, whether that work is considered substantially gainful.
In determining a veterans ability to get or keep a job, VA must consider not only the veterans functional impairments due to service-connected disabilities, but also the particular veterans education, training, work history, and expertise. The veterans age is not a factorthus even a disabled veteran who is retirement age can obtain TDIU if, regardless of their age, their service-connected disabilities would still prevent them from working a substantially gainful job.
A job that a veteran can keep only because of significant accommodations by the employer is in a protected environment. If a veteran could not obtain or keep a substantially gainful job outside of a protected environment, then he or she may be entitled to a TDIU.
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What Are Unemployment Benefits
The goal of unemployment benefits is to assist people who have lost their job through no fault of their own. Those receiving unemployment benefits must be willing and able to work.
There are also requirements. For example, you must actively apply for new work opportunities. In addition, unemployment benefits are given only for a selected period via your state, depending on how long you were employed before.
The Limited Employment Eligibility Loophole
If, while collecting unemployment benefits, you are searching for work that is within the limitations of your disability, you might be able to convince an examiner or an administrative law judge to allow you to collect both unemployment and disability benefits.
You might also be able to collect disability and unemployment benefits by searching only for jobs that would require the employer to make special accommodations for your disability that most employers would be unwilling to make.
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Am I Eligible For Disability Benefits From Va
You may be eligible for disability benefits if you meet both of these requirements.
Both of these must be true:
- You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or moreand
- You cant hold down a steady job that supports you financially because of your service-connected disability. Odd jobs dont count.
Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating.
When Can You Receive Both Unemployment & Long
It is unlikely that you will qualify for unemployment and disability benefits at the same time. However, there are always exceptions to the general rule.
For example, you might qualify for unemployment benefits if you are partially disabled while receiving partial long-term disability payments. Even so, it is best to talk with our long-term disability lawyer before you apply for either unemployment or long-term disability benefits.
It is more likely that you might qualify for unemployment benefits followed by long-term disability benefits or vice versa. However, the application process can be tricky. If you file a second application for benefits immediately after the termination of the other benefit, your statements from your first application could impact your second application. Again, it is best to speak with our long-term disability attorney if you believe you could qualify for both unemployment and long-term disability benefits.
Another issue that you could encounter is the termination of your long-term disability insurance coverage. If you lose your job, your employer may terminate your LTD policy. However, some LTD policies remain in effect for a short period after employment terminates.
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Information You Need To Apply
Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.
Information About You
- Your date and place of birth and Social Security number.
- The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
- Names and dates of birth of children not yet 18 years of age.
- Your bank or other and the account number.
Information About Your Medical Condition
- Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
- Detailed information about your medical illnesses, injuries, or conditions:
- Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
- Names of medicines, the amount you are taking, and who prescribed them.
- Names and dates of medical tests you have had and who ordered them.
Information About Your Work:
- Award letters, pay stubs, settlement agreements, or other .
We accept photocopies of W-2 forms, self-employment tax returns, and medical documents, but we must see the originals of most other documents, such as your birth certificate.
Do not delay applying for benefits because you do not have all the documents. We will help you get them.
Applying For Disability While Receiving Unemployment
One of the most commonly asked questions among those who are out of work and disabled is whether or not they can receive both unemployment benefits and Social Security disability benefits. While there is not a specific regulation with the Social Security Administration regarding receiving unemployment benefits while applying for Social Security disability benefits, its generally not a good idea.
Social Security disability benefits are overseen by the SSA, a department of the federal government. Unemployment benefits, while they are mandated by federal law, are overseen by state governments. The laws regarding unemployment benefits and who can receive them vary from state to state.
Most states require a person to be available for full time work and capable of performing full time work in order to qualify for unemployment benefits. Typically, before you can be approved for unemployment benefits, you will need to attest that you are capable of working full time.
The problem becomes readily apparent to most. Obviously, you cant be ready, willing, and able to accept full time work and completely unable to perform any work for which you are qualified due to a disability at the same time. Making conflicting claims like this is unlikely to gain you disability benefits. If anything, you might lose your unemployment benefits and face legal trouble and the possibility of having to reimburse the government what it has paid you.
Two Opposite Positions?
Offset for Unemployment Benefits
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The Law As It Relates To Unemployment
Though it seems as though the same person wouldnt need both unemployment benefits and SSDI benefits, theres no law in place that prohibits you from applying for both types of benefits.
In 1999, there was a Supreme Court Case known as Cleveland vs. Policy Management Systems Corp. This case determined that anyone who applies for both types of these benefits has a legal right to explain why they feel like theres no contradiction between their need for both. The case also states that its possible for a person to qualify at the same time for both types.
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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Determining Whatyour Effective Date Should Be
While effective dates may seem very straightforward, there are many instances where the VA assigns the incorrect effective date for your claim. In most cases, it is as simple as the date the VA receives your VA claim. However, you may run into effective date problems if:
You attended a medical examination If you attended a medical examination, the VA may incorrectly use the date of the examination instead of the date they received your VA claim for your effective date. If this happens, you should appeal the effective date with the assistance of an attorney.
You appealed your claim If you appeal your claim, the VA may use the date of the appeal as the effective date instead of the date they received your appeal. This is also incorrect. If the VA uses the date of your appeal as the effective date, you should further appeal your claim to get this corrected.
You reopened your VA claim If you reopen your claim, you may be confused that your effective date is now the date the claim was reopened, not the date the VA first received your claim. While this may seem wrong, it is actually correct. That is why it is so important that you continue to appeal unfavorable decisions for your claim. If you fail to do so, you could lose your effective date and potentially miss out on tens of thousands of dollars in retroactive benefits.
If you disagree with your effective date, you should appeal with the help of an attorney.
You Can Apply For Both Ssdi And Unemployment But Be Careful
As the jobs picture in many parts of Louisiana continues to be depressed due to COVID-19 closures and stay-at-home orders, many of my clients are filing for disability but have also applied for unemployment benefits.
In many of my hearings, my SSDI clients are being asked by judges if they have filed for unemployment benefits.
The issue for your disability case is this: when you file for state unemployment, you are asserting that you are ready, willing and able to work, but when you apply for disability you are stating that your medical condition prevents you from being able to work.
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Is Your Condition Severe
Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering for at least 12 months. If it does not, we will find that you do not have a qualifying disability.
If your condition does interfere with basic work-related activities, we go to Step 3.
What Does The Ssa Say
Social Securitys official stance is that receiving unemployment benefits does not prevent someone from receiving Social Security disability benefits, but that a disability claims examiner or ALJ can count the unemployment filing as one of the factors in considering whether an applicant is disabled. For instance, if a worker is collecting unemployment benefits and telling the state employment department that she has applied for certain jobs, the ALJ can take into account what those jobs were. If they were jobs requiring physical labor that the applicant claims she cannot do, Social Security can take that into account.
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Which Disabilities Are Eligible For Presumptive Va Disability Compensation
The VA presumes that certain cancers and other health problems are connected to a veterans exposure to Agent Orange or other herbicides agents during military service.
- Early-onset peripheral neuropathy
- Porphyria cutanea tarda
If a veteran has a current disability that is not on this list, he or she can still receive VA disability compensation for it, but the veterans claim and evidence collected by the VA must show that the disability is at least as likely as not related to the veterans service or exposure to herbicide agents like Agent Orange.
For example, many veterans who served during the Vietnam Era and were exposed to Agent Orange have hypertension. If those veterans can provide, or if the VA obtains, medical evidence showing it is at least as likely as not that their hypertension was caused by or made worse by herbicide-agent exposure, then they might be entitled to VA disability compensation.
Can Receiving Unemployment Benefits Affect My Ssi Or Ssdi Benefits
This is not a simple question, since not all Social Security disability benefits are equal. Since SSDI benefits are separate from SSI with different eligibility requirements, they are not equally affected by unemployment earnings.
If you are currently receiving SSDI and apply for unemployment, your SSDI benefits will not be affected. The Social Security Administration classifies Unemployment Compensation benefits as Unearned Income. As the individual receiving these benefits is generally not working, the payments do not affect SSDI benefits.
However, unemployment compensation will affect earnings from SSI payments. As unearned income, unemployment benefit payments reduce SSI dollar for dollar . Since the current 2021SSI federal monthly payment maximum is $794.00, anyone receiving unemployment benefits over $814.00 will be ineligible for SSI due to excess income.
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