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.
The Discretion Of Disability And Unemployment Examiners And Administrative Law Judges
Can you collect unemployment and social security disability benefits by relying on persuasive advocacy in front of an examiner or an administrative law judge?
It is certainly possible.
After all, some of the foregoing loopholes rely on legal interpretations that have never before been tested in court.
In cases such as these, administrative law judges enjoy broad discretion in agreeing or disagreeing that you can collect unemployment and social security disability simultaneously.
Even if the interpretation of the law that you are advancing appears to be supported by precedent , an administrative law judge enjoys a certain amount of discretion in interpreting the meaning of these cases, and he may disagree with your conclusion that you can collect unemployment and disability. Different judges may view your argument in different ways.
Ultimately, the persuasive abilities of your lawyer can be critically important.
So What Happens If I Lose My Job While On Disability
Typically, long-term disability benefits can be paid through age 65 or 67. However, this does not mean that you will keep your employment throughout your disability. Indeed, we inform our clients receiving LTD benefits that their employment is likely to be terminated at some point.
It is natural to wonder if a termination of employment will affect their monthly disability payments. Namely, we are regularly asked whether benefits will stop if employment is terminated. The answer to this question is as follows:
- If disability benefit payments are made by an insurance company, the simple answer is no, benefits will not cease.
- If disability payments are made by an employer, benefit payments may cease upon the loss of employment in rare situations. A review of the disability insurance policy is required to determine whether your benefits are at risk.
If you have any concerns regarding the effects of a termination of benefits, please give our experienced disability insurance lawyers a call. Consultations are free.
Your Duty to Continue Medical Treatment
If your employment is terminated you may also lose your health insurance coverage. This may make it difficult for you to continue to see your doctors on a regular basis. However, it is imperative you continue to treat with your doctors. Indeed, disability insurance policies generally require you maintain regular treatment with a physician. If you do not, your disability benefits may be terminated.
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Can I Apply For Unemployment & Long Term Disability
COVID-19 has impacted all areas of our lives, including our employment opportunities. Millions of people are out of work because of coronavirus-related issues. Some individuals developed the virus and could not work for an extended period. Other individuals have lost their jobs because of the pandemic. The;unemployment rate;in the United States increased from 3.8 percent in February to 13 percent in May. Over 14 million people were out of work.
Many people filed for unemployment. However, some individuals who became ill might have applied for disability benefits. Unfortunately, applying for unemployment benefits and long-term disability benefits at the same time could result in both applications being denied.
Can I Work While On Social Security Disability
If youre looking into applying for Social Security Disability, it can feel overwhelming and you may find yourself with a lot of questions. What will the judge ask at my disability hearing? is one that we hear often, and answered in a previous blog.
Theres one more very common question we hear, and wed like to take the time to answer that question for you today.
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Can An Employer Cancel Health Insurance While On Disability
Can Your Employer Cancel Your Health Insurance while You Are Out on a Disability. Under the terms of the FMLA, you wont be terminated for sustaining an injury on or off the job. Under most circumstances, the Family and Medical Leave Act will protect your health insurance benefits until youre ready to return to work.
Will Applying For Social Security Benefits Affect Unemployment
While unemployment benefits will not affect Social Security payment amounts, unless the payments exceed the SSI maximum, the opposite is true under some circumstances. Funds received through one of Social Security benefit programs may end up reducing a persons unemployment benefits, depending on the state in which the recipient lives.
Social Security benefits only affect unemployment benefit amounts in the following states: Illinois, Louisiana, Minnesota, and South Dakota .
This wasnt always the case. In the early 2000s, 20 states and the District of Columbia had Social Security offset laws. States began repealing them in 2003 amid advocacy efforts on the issue. The most recent state to do so was Illinois, which repealed its offset law in 2015.
Minnesota still has partial offset laws regarding Social Security and unemployment compensation. For residents who receive both benefits, Minnesota reduces unemployment insurance by half of your Social Security benefits. There are determining factors, such as when you started receiving disability payments and the length of time between filing for Social Security and filing for unemployment.;
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.
If You Become Disabled While You Are Employed
- There is a seven day waiting period for which no benefits are paid. Benefits begin on the eighth consecutive day of disability . If you have been disabled more than seven days, your employer must give you a Statement of Rights under the Disability Benefits Law within five days of learning that you are disabled .
- A day of disability is a day on which you were prevented from performing work because of disability and for which you have not received regular wages or remuneration. You are ineligible for disability benefits if you perform any type of work for which you receive wages or profit, even if performed at home.
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What If I Dont Have Money In My Base Period Because I Was Unemployed Before I Became Disabled
There are two rules that may help you if you do not have earnings in your base period due to unemployment:
First, if you have an unexpired claim for unemployment insurance benefits when you are seeking SDI, then you may use the base period you used for your unemployment insurance claim.
Second, if you were unemployed during any quarter of your base period meaning out of work for 60 or more days and looking for work you may disregard that quarter and begin your base period three months earlier than the period set forth in the above chart.; For each quarter you were unemployed, you may go back another quarter.
Make Sure Youre Properly Covered: Get Professional Legal Help Today
If your case is especially complex, or you have additional questions about disability and unemployment, you may benefit from a consultation with a Social Security Disability Insurance lawyer. An attorney will understand how to navigate the system and ensure everything is filed correctly. Contact an experienced SSDI attorney today.
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Can I Be Disabled And Looking For Work
The key issue at stake is that if you allege disability, to be successful you must prove you cannot do work of any kind. But, if you file for and are receiving unemployment benefits, you are attesting to the fact that you are actively looking for work.
This can be confusing but is not something that typically presents a problem for our claimants. It is not unusual for disabled individuals to lose their job and to attempt to return to the workforce. Along the way, their medical condition continues to deteriorate and many find it impossible to get another job.
This is particular true during a period of unprecedented economic disruption like what weve experienced with Covid-19.;;Therefore, although Social Security will be aware that you received unemployment benefits in the past, in our experience, that has little bearing on your future qualifications relating to disability programs. The Social Security Administration will look at the same qualifying factors for SSDI or SSI no matter if you have received unemployment benefits in the past or not.
In our experience, some Judges may bring unemployment up in broader conversations about an individuals working history during a hearing. But, thats why its important to have a qualified disability lawyer representing you throughout your claim so they can provide needed context and background on the larger picture.
Unemployment Requires Sufficient Past Income
Since you cannot receive both SDI and unemployment compensation at the same time, you must wait until you are no longer receiving SDI benefits to apply for unemployment benefits. In addition to the able, available and willing to work requirement, you must have earned enough wages within the past 18 months to qualify for unemployment. The Employment Development Department, or EDD, uses this information to calculate your earnings during a 12-month period, known as your base period, to determine your weekly claim amount. For example, if you file for unemployment during April, May or June, EDD will determine the amount of your weekly benefits based on your earnings between Jan. 1 and Dec. 31 of the previous year.
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Potential Legal Loopholes That May Allow You To Collect Unemployment And Social Security Disability
The following are some examples of potential loopholes that might allow you to collect unemployment and disability benefits at the same time. Whether or not any given loophole will ultimately succeed is not cut and dried.
Instead, each of these options varies in its feasibility depending on your particular circumstances, and they carry varying degrees of legal risk. They are listed below in ascending order of legal risk .
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- confirm any decision made about your Employment Insurance application;
- see details on your payments and deductions;
- view and update your personal information;
- view your EI tax information slips;
- view all Records of Employment your employers submitted electronically in the last two years;
- view and print your Canada Pension Plan Statement of Contributions and benefit estimate; and
- register to access EI special benefits for self-employed people.
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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.
How To Apply For Both Programs
If you are eligible to receive both unemployment compensation and Social Security, then you will need to apply separately for each benefit in the same manner as you would if you were only applying for one of them.
Unemployment insurance is administered at the state level and each state has different rules and processes. The Department of Labor provides contact information and websites for all state unemployment insurance agencies. You should refer to your states website for the most up-to-date information about how to apply for unemployment benefits.
Social Security, on the other hand, is a federally funded program operated by the U.S. Social Security Administration. The fastest way to complete your application for Social Security benefits is to do so online.
Keep in mind that you donât have to wait to begin receiving one benefit before filing for the other. You can file for both benefits at the same time. Also, remember that because each benefit is provided by a different agency, the time frame for receiving payments after you file will vary.
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Receiving Both Types Of Benefits
Individuals receiving both unemployment insurance and SSDI face possible repercussions for double dipping. It is possible for an individual to erroneously receive unemployment insurance despite being ineligible for unemployment due to his ability to qualify for SSDI. In some states, an individual who erroneously receives unemployment insurance must pay back the state.
This can occur while a recipient of unemployment insurance awaits a decision on his application for disability insurance. In applying for disability insurance, new circumstances may disqualify the recipient for unemployment insurance. Withholding information from a state employment insurance office can constitute fraud, potentially resulting in criminal prosecution as well as a hefty fine.
Can I Get Benefits If I Am Living In A Residential Alcohol Rehabilitation Facility
You may qualify for up to 30 days of Disability Insurance benefits if you are living at an approved residential alcohol rehabilitation facility that a physician/practitioner recommends. An additional 60 days may be paid if you remain a resident of the facility and your physician/practitioner continues to certify to your need for continuing residential services.
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Glossary Of Technical Terms
- Base period: The first four of the five most recently completed three-month quarters before you applied for unemployment. This is used to determine eligibility for Pennsylvania unemployment benefits.
- SSDI : A federal disability benefits program for workers who have accumulated sufficient lifetime and recent work credits to qualify for disability benefits.
- SSI: : A federal disability benefits program for people who have not earned enough work credits to qualify for SSDI, but qualify for disability benefits based on financial need.
- Social Security Impairment Listing: A listing of certain medical conditions, along with specified severity of symptoms, clinical findings, and laboratory tests, that the SSA assumes cause total disability, without looking into the question of whether you are actually able to work. These conditions include lung cancer, chronic heart failure and bipolar disorder.
Work With Our Experienced Long Term Disability Attorney
If you are trying to decide whether you can receive disability benefits and unemployment benefits, your first step is to consider whether you can work. It can be difficult to prove you are unable to work without convincing medical evidence. Our long term disability lawyer can help.
Our attorney can review your situation in light of the eligibility requirements for both unemployment and long term disability benefits. After a careful analysis, our attorney advises you of your options and the likelihood of success. Based on the advice, you can make a decision that is best for your situation. Moving forward without legal advice could hurt your chance of qualifying for long-term disability benefits and unemployment benefits.
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