Thursday, September 29, 2022

Can I Claim Unemployment And Disability

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Are Government Workers Eligible For Disability Benefits

Can I Get Unemployment and Disability Insurance Benefits?

Some government workers, including school employees, may be eligible for Disability Insurance benefits. To find out, review your collective bargaining contract. If you have wages from another employer in your base period, you may be eligible even though your current employer doesnât participate in State Disability Insurance. If you arenât sure if youâre eligible, file a claim anyway.

Unemployment In : How Does It Affect Disability And Why

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How Does Disability Affect Unemployment in 2020 and Why?

If youve been receiving Social Security Disability Insurance benefits, youre able to do so because of a medical condition that prevents you from being able to work. Unemployment benefits, on the other hand, are only available to people who were once employed but then lost their job due to a lay-off.

In most cases, a person cant claim both disability benefits and unemployment at the same time. However, there are some unique situations in which its possible to claim both.

If you have questions about how disability affects unemployment, this article is for you.

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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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.

Eligibility: Social Security Disability And Unemployment

Can I File a Social Security Disability Claim While I am ...

The Social Security Administration does not explicitly deny Social Security Disability Insurance or Supplemental Security Income claims by those already receiving unemployment benefits. However, you can see by looking at the eligibility requirements why Social Security and unemployment claims often dont mix:

  • Unemployment: Must be ready, willing and able to work on a full-time basis
  • Disability: Must be unable to work a full-time job for 12 months because of a disabling medical condition. If a person is expected to be unable to work for 12 months, this qualifies as well.

A 1999 U.S. Supreme Court case held that Social Security disability claims did not inherently conflict with other types of benefits. However, it is up to the claimant to prove that his eligibility for unemployment benefits is not in conflict with a disability claim.

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Can I Apply For Both Unemployment & Long

Yes, you can apply for unemployment benefits and long-term benefits at the same time, but it is typically not a good idea. When you file your applications for benefits, you are contradicting yourself. On the unemployment application, you state you can work. On the disability application, you state you cannot work.

The state unemployment office may deny your application based on your assertion that you cannot work. Likewise, the Social Security Administration or the private disability insurance carrier may point to your unemployment application or benefits as proof that you can work.

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Does Unemployment Affect Social Security Disability

Receiving unemployment benefits can hurt your Social Security disability case. Because you generally need to state that you are ready, willing, and able to work when you apply for unemployment benefits, the Social Security Administration may view that as an admission that you can work. If youre able to work, you are not disabled. Thus, they can use this to deny your claim.

To be clear, Social Security ALJs have been advised that there is no direct conflict between unemployment and disability. In fact, they have received this memorandum. Nevertheless, ALJs are human. Some will view unemployment as an admission you can work.

We generally can excuse unemployment in some situations. For example, you may be ready, willing, and able to work part time. Since Social Security disability requires you to prove you cannot work full time, an admission you can work part-time does not necessarily destroy your claim. Even so, this tactic should be used with caution. You should discuss this with your Social Security disability lawyer.

It may also be true that if you are over 50 years old that you simply cant do highly physical work anymore. You may be ready, willing, and able to work in a sedentary capacity. Technically, this would still allow you to be eligible for both programs. Again though, this should be used with caution.

Generally, we advise our clients to be very wary of applying for both types of benefits at the same time.

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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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Fraudulent Disability Claim Or Unemployment Claim

Unemployment benefits: Ineligible if you’re getting disability?

Government agencies like the Department of Labor, the Social Security Administration, and state unemployment agencies watch for potentially fraudulent behavior.

For example, unemployment beneficiaries may be asked if they are actively seeking work, but also be asked if they have filed a disability claim. Personnel reviewing an unemployment application claim may red flag someone who says they have filed for disability. If the agency determines that the individual has received benefits in error, the individual typically has to repay the benefits.

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Eligibility Criteria: Social Security Disability And Unemployment Benefits

There is no hard and fast rule which requires denial of Social Security Disability Insurance or Supplemental Security Income claims by those already receiving unemployment benefits. But there is an obvious tension between the two types of benefits:

  • Unemployment: Must be ready, willing and able to work on a full-time basis
  • Disability: Must be unable to work a full-time job for 12 months because of a disabling medical condition. If a person is expected to be unable to work for 12 months, this qualifies as well.

A 1999 U.S. Supreme Court case held that Social Security disability claims “did not inherently conflict” with other types of benefits. But the reality is that if an administrative law judge sees that a claimant has admitted he was ready, willing and able to work, then this is not consistent with a claim for disability benefits.

Social Security Disability Vs Unemployment Compensation: Which Is Right For Me

When people refer to Social Security disability they are often referring to the Social Security Disability Insurance program. Sometimes we abbreviate this to SSD or SSDI. However, people with disabilities who have little income and few resources, may also be eligible for disability payments through the Supplemental Security Income program. This is often abbreviated SSI. A vast majority of disability claimants fall under the SSDI and/or the SSI disability programs.

Social Security disability is not intended to be a replacement for unemployment compensation. To the contrary, unless you are unable to work, you are not eligible for Social Security disability. On the other hand, if you are able to work, but unable to find a job, you may be eligible for unemployment compensation.

When considering Social Security disability vs unemployment compensation, your ability to work will often tell us which program is better for you.

It is possible to qualify for both unemployment compensation and Social Security disability if you meet the requirements for both programs, but you should proceed with caution. We will address the issues below.

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Other Types Of Benefits And Programs For The Unemployed

Educational Help

Federal agencies offer many unemployment education and training programs. They are generally free or low cost to the unemployed.

Self-Employment Help

Self-employment assistance programs help unemployed workers start their own small businesses. Delaware, Mississippi, New Hampshire, New York, and Oregon offer this program.

Does Unemployment Affect Disability

Can I Get Long

Collecting unemployment may have an affect on your Social Security disability benefits. A few factors will be taken into consideration by The Social Security Administration when reviewing your case. When applying for SSDI , unemployment can be an obstacle that will have an affect on your application.

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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.

Can You Draw Unemployment If You Have Filed For Disability

Again, theres no law that prohibits you from collecting both unemployment and disability benefits. Yet there are practical complications in attempting to collect both at the same time.

To understand why, its important to understand what you are claiming when receiving unemployment benefits and disability benefits.

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Benefits For Disabled Widows Or Widowers

If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:

  • The widow, widower, or surviving divorced spouse is between ages 50 and 60.
  • The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the workers death.

Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

We use the same definition of disability for widows and widowers as we do for workers.

How Long Will I Receive Sdi

Can you file for both unemployment and Social Security Disability Benefits?

You will receive SDI benefits for as long as you remain disabled, as defined, up to a maximum of 52 weeks. However, in some cases a person who is otherwise qualified might not receive a full year of SDI because they do not have enough money in their account for a full year of benefits. You will receive a statement from the EDD when you apply telling you how much money is in your reserve account.

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Exception For Those With Own Occupation Policies

If your LTD policy defines the word disability broadly, you may be eligible for unemployment benefits if you were let go from your job. Review your policys Summary Plan Description to learn whether you have an own occupation or an any occupation policy, or a hybrid of the two.

Own occupation LTD policies define disability broadly, as the inability to perform the material duties of your own occupation due to illness or injury. Thus, a firefighter who becomes unable to meet the demands of that job may be eligible for LTD benefits even though she could theoretically work in a less strenuous position.

On the other hand, under an any occupation policy, youll be found disabled only if youre unable to perform the duties of any occupation in the economy for which you are reasonably fitted based on your education, training, and experience. Many disability policies, especially employer-provided group plans, shift the definition of disability from own occupation to any occupation after a period of time, usually 24 months.

Those who receive LTD benefits under an own occupation policy might well be able to show that theyre ready, willing, and able to perform some type of work, even though they can no longer work at their previous job. In this case, they could collect LTD benefits and unemployment benefits at the same time.

Can You Collect Unemployment And Social Security In Michigan

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.

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Can I Receive Unemployment Compensation Benefits And Disability Benefits

After losing a job due to a disability, many people apply for and receive state unemployment compensation benefits. Unemployment compensation benefits provide temporary income to unemployed workers. In order to receive weekly unemployment compensation benefits, one must affirm, to the GA Department of Labor, that he or she is actively seeking employment and is available for work. Each state has different requirements to collect unemployment compensation benefits.

Receiving unemployment compensation benefits can have an effect on your social security disability claim. But, you cannot be denied social security disability benefits only because you received unemployment compensation benefits. The Supreme Court held that a claim for social security disability benefits is often consistent with a claim for relief under the Americans with Disabilities Act. The Supreme Court reasoned as follows:

Below are some additional sample questions that a ALJ may ask:

Any further questions, please contact the Law Office of Kathleen M Flynn, LLC at 404-479-4431 or visit our website at www.kathleenflynnlaw.com

Denying To Yourself That You Have A Disability

Can I Collect Unemployment And Disability

Many people take a long time to learn to cope with a new condition, and in the beginning won’t admit to themselves, their family, and their medical provider that they have an injury or illness that stops them from being able to work. Because of this, at first you might not be giving your medical providers an accurate or full understanding of your condition or how much it affects your day-to-day activities. It’s extremely important that you let your medical provider know exactly what is going on, because in most cases State Disability Insurance relies on your medical provider to let them know how serious your disability is, and how long it might last. If you haven’t been completely honest with your medical provider and then apply for SDI, the report about your disability might be inaccurate or incomplete, and you might be turned down or you might be given benefits for a shorter period of time than you need. Note: In some cases, EDD may order an independent medical examination.

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Can You Apply For Disability While On Unemployment With A Skilled Attorney Representing You

The simple truth is that you need the advice of a knowledgeable disability lawyer to help you if you are considering applying for disability while on unemployment.

Moreover, its critical that you pick the right attorney. You need to look for an attorney with a practice focused on disability-related legal issues.

Its also important for them to have many years of legal experience and a great reputation.

Cottrell Law Office is not just any law firm. We are an award-winning firm with over 32 years of experience aiding injured and disabled people.

In addition, we have an outstanding track record of providing great client service, as our customer testimonials show.

Finally, our outstanding results show just how good we are at helping our clients win big and obtain the compensation they deserve.

Let us help you. Give us a call today at 800-364-8305 or contact us online to get started.

Eligibility Requirements For Sdi

To qualify for SDI in California, a claimant must:

  • Show they cannot perform their regular job for a minimum of eight consecutive days.
  • Show work search activity or proof of employment at the time of disability.
  • Show they lost wages due to their disability.
  • Show they earned a minimum of $300, from which the state withheld disability insurance deductions.
  • Show they are under the treatment or care of a religious practitioner or doctor.
  • Complete and send their claim form to the EDD within 49 days of their disability date.
  • Have their doctor complete a section on the form that certifies their disability.

Not all applicants are eligible for SDI benefits. Some of the reasons may include:

  • No actual wage loss. An applicant who continues to work and receives a salary equal to or more than their benefit payment cannot collect SDI.
  • Claiming or receiving UI or Paid Family Leave benefits.
  • Becoming disabled while committing a crime that results in a felony conviction.
  • Being in jail, prison or a recovery home as a result of their conviction.
  • Receiving workers’ compensation payments that are greater or equal to SDI benefits.
  • Failing to complete a medical examination.

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