Monday, December 5, 2022

Can I Collect Disability If I Am Unemployed

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Who Is Eligible For Unemployment

Can I still receive Social Security Disability Benefits If I Am Collecting Unemployment?

You are eligible for unemployment if:

  • You were fired or laid off through no fault of your own or were forced to quit under extreme circumstances.
  • You are available to work at another job matching your skills.
  • You worked for a company that paid unemployment taxes.
  • You earned enough money to qualify for benefits.

However, if you lose your job through no fault of your own before you would have gone on maternity leave, you should not collect benefits during a period of time in which you are unable to work. Generally, you will be able to put your benefits on hold during that time and resume when you are able to work again. In New York, for example, you are eligible to collect benefits if you are ready, able, and willing to work.

Consult your states department of labor for the guidelines for your location.

It is a violation of federal law to deny a claimant eligibility for unemployment benefits on account of pregnancy. In fact, a woman applying for benefits should not be asked whether she is expecting.

However, the program requires recipients to be available for work that uses their skills, and actively seeking a job. If you are unable to work because you are pregnant, you may be covered by disability insurance instead of unemployment benefits. For example, if your doctor has ordered you on bed rest, you would not be immediately available to work, and therefore would not be eligible for employment.

Disability Benefits While Pregnant

Private disability insurance carriers often cover employees who cannot work because of pregnancy. Some employers offer short term disability insurance as a benefit to employees and some people purchase this disability insurance coverage privately. While there are laws that protect employees who are pregnant, there is no government-based short term disability benefit for people who cannot work because of pregnancy.

The Department of Transitional Assistance administers Transitional Aid to Families with Dependent Children , a state and federally funded program that provides cash assistance to families with children and pregnant women in the last 120 days of pregnancy who have little or no assets or income.

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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Special Rules For People Who Are Blind Or Have Low Vision

We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.

If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.

There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.

In 2021, the monthly earnings limit is $2,190.

What If I Attempt To Return To Work But I End Up Needing To Go Out On Disability Again

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

If you return to work and are able to perform your regular or customary job for more than 60 days, then your disability benefit period is considered ended. If you stop working again due to disability, you must file a new claim for SDI, and re-establish your eligibility for benefits as of the date of the new claim. If you are eligible for SDI as of the date of your new claim, you are entitled to a new benefit period of up to 52 weeks.

If you return to work for more than 60 days, but do not perform your regular or customary work due to your disability for example, you work only light duty or only part-time you may be able to continue your prior disability claim. You will need to show EDD that you did not perform your regular or customary work when you attempted to return to work.

If you return to work for fewer than 60 days, and stop working due to the same disability, you are considered to be within the same disability benefits period. You may continue receiving benefits under your original claim and the 7-day waiting period required by these claims will be waived.

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I Think I Received The Cerb Wrongfully What Should I Do

If you now realize you are wrongfully getting the CERB, you need to contact Service Canada or Revenue Canada immediately to report it. If you do this now, you will have to pay the money back but you are unlikely to be subject to fines and prosecution. You will also be able to lessen or eliminate the potential negative impact on your credibility and therefore salvage your ongoing disability claim.

Experienced Successful Lawyers Who Care Midwest Disability Works For You

Contact us online or call our offices directly at for a free case evaluation and consultation with one of our SSD/SSI benefit attorneys. We can provide you with information about Social Security Disability benefits and explain how we can help you through the Social Security process. Based in the Midwest, we provide legal assistance to clients throughout the nation.

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Can I Receive Benefits If My Employer Is Going To Pay Me Vacation Sick Or Holiday Pay During My Claim

Vacation Pay: Yes, you can receive Disability Insurance benefits at the same time.

Sick Pay: You cannot receive DI benefits for any period that you also receive sick leave wages that are equal to your full salary. If you receive only partial sick leave wages, you may be eligible for full or partial DI benefits. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.

Other Pay: All other pay, including holiday pay, must be reported to confirm your eligibility. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.

What Do Disability Lawyers Advise

Can I Get Unemployment and Disability Insurance Benefits?

Many Social Security disability lawyers advise against collecting unemployment benefits when applying for Social Security disability, because ALJs who work for Social Security have been known to look askance at people applying for both benefits at the same time, or even deny the disability claims of those who are collecting unemployment benefits.

Other lawyers point out that there are situations where an older person could be legitimately entitled to disability benefits due to a medical-vocational allowance but be able to work. For instance, if a person is limited to sedentary work , but because of his age, past job skills, and education level, isn’t expected to learn how to do a sedentary job, he should be approved for disability benefits. In that case, theoretically the individual could actually collect disability benefits but work a sedentary job . Similarly, an individual could apply for unemployment benefits if he says he is ready and willing to work a sedentary job.

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Will Unemployment Compensation Affect My Social Security Disability Insurance Benefits

By Shelley W. Elovitz, Esquire

There are cases where you can work and receive Social Security Disability Insurance Benefits But what if you lose your job? Are you eligible for Unemployment Compensation?

If you are enrolled in the Social Security Ticket to Work program and you worked for at least six months before you were laid off, you are eligible to collect unemployment benefits and disability benefits at the same time.

Social Security uses Grid Rules based on age, RFC level , education level, and work history and skills to determine disability. If you are over 50 years old and can only do sedentary work, and if you have been seeking sedentary work while collecting unemployment, you may remain eligible for both unemployment and disability. If you are over 55 years old and can only do light work, and you have been seeking light work while collecting unemployment, you may remain eligible for both unemployment and disability.

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.

You Have Paid Ei Premiums

If you are employed in insurable employment, your employer will deduct EI premiums from your wages or salary. These premiums go into the EI Fund. There is no minimum or maximum age for paying EI premiums.

You pay EI premiums on all your earnings up to a maximum amount. In 2020, for every $100 you earn, your employer will deduct $1.58, until your annual earnings reach the maximum yearly insurable amount of $54,200. The maximum amount of premiums to be paid in 2020 is therefore $856.36.

Since Quebec has its own program that offers maternity, paternity, and parental benefits, the Government of Canada has adjusted the premiums accordingly for that province. In 2020, the premium rate for workers in Quebec is set at $1.20 for every $100 of earnings, up to a maximum amount of $650.40 for the year.

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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.

When Does It Make Sense For Me

Can I Collect Unemployment If I Am Fired

If you think you might be able to take on a part-time job that doesn’t bring in more than $1,000 a month, you might want to consider applying for SSD and unemployment.

If you’re among those who can collect unemployment benefits while looking for a part-time job, you still need to research how your unemployment benefits might affect any Supplemental Security Income . If you do qualify for unemployment benefits and start receiving monthly payments, those payments can affect your eligibility for the disability program. You can be denied SSI benefits if your unemployment checks cause your monthly income to exceed the limits.

If you go the route of applying for both, you aren’t saying that you can hold down a full-time job but you’re also not saying that you are unwilling to look for a job. In this situation, you state that your disability prevents you from working full-time and that you need unemployment benefits to make up for your lack of a job while you seek other options.

Note that some states require you to be willing to look for a full-time job in order to receive unemployment benefits. You’ll need to check with your state laws ahead of time.

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What Is The Ideal Situation In Which Id Receive Both Types Of Benefits

An ideal case for receiving both types of benefits is if you are under 62 years of age, currently receiving SSI benefits, and actively pursuing work .

Another case in which a person could receive both Social Security benefits and unemployment benefits is if the recipient is disabled to such a degree that they cannot work full-time and receive SSDI benefits, but are still looking for some work to generate income.

Note: SSDI benefits will only continue if a beneficiarys monthly earnings do not exceed $1,260 per month in 2020. Once a beneficiary receiving both types of benefits finds work and makes over that amount – regardless of whether its from unemployment insurance or other sources of income – SSDI benefits will be discontinued.

You Had To Stop Work Because Of A Covid

You will qualify for the CERB if you had to stop work because of a COVID-19 related illness. The CERB would be paid as long as you remain unable to work because of the COVID-19-related illness. This would apply in situations where a person is off work because they are infected with COVID-19.

Where it becomes less clear is situations where COVID-19 is a factor, but the person isnt literally infected with the virus. For example, someone might take a sick leave for anxiety that was worsened because of the COVID-19 situation. In these situations, you would need to have very strong medical evidence and opinions that the person wouldnt have needed sick leave if it werent for the added stress related to the COVID-19 situation.

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If You Are Claiming/receiving Unemployment Benefits And Your Disability Started More Than Four Weeks From The Last Day You Worked

Who pays benefits: New York State Special Fund for Disability Benefits

How to Apply

  • PO Box 9029 Endicott, NY 13761-9029.

IMPORTANT: Before filing your claim, be sure that you have completed and signed Part A, “Claimant’s Statement,” and your health care provider has completed and signed Part B, “Health Care Provider’s Statement.” Submit this information promptly to avoid delaying your claim. You must file your claim within 30 days after you become disabled.

Are There Exceptions To The Rule

“If I Can’t Collect Unemployment, am I Entitled to Workers Compensation?”

As with most things, there are certain exceptions to the rule. For example, an individual might have lost their job and be receiving unemployment benefits, and then become disabled. These individuals might continue to collect unemployment while applying for disability benefits. In other unique circumstances, an individual over the age of fifty might have a disability that prevents them from keeping their previous job, and yet may still be capable of performing other work for which they have not been trained.

Still, these circumstances are rare. In fact, a 2012 report from the Government Accountability Office showed that fewer than one percent of SSDI beneficiaries also receive unemployment insurance benefits at the same time.

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Is Your Condition Found In The List Of Disabling Conditions

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

Information About Unemployment Benefits For Ssi And Ssdi Recipients

Especially during the Covid-19 pandemic, many people in New York have been receiving unemployment benefits. A person is allowed to receive unemployment benefits and disability benefits at the same time. However, the Social Security Administration is allowed to consider a persons unemployment benefits when deciding whether or not that person is disabled. When a person receives unemployment benefits, the person is certifying he or she is ready, willing, and able to work. This certification could be considered as evidence that a person is not disabled. On the other hand, a person can qualify for disability benefits even though he or she is capable of performing some work, so receiving unemployment benefits would not automatically disqualify a person from receiving disability benefits.

When a person is receiving disability benefits the Social Security Administration will periodically conduct a review of your condition to make sure you still qualify for disability benefits. If a person received unemployment benefits since the last review, that may be considered in a continuing disability review.

Because unemployment benefits may impact a persons eligibility for disability benefits, it is wise to speak to an attorney if you plan on receiving both.

If you receive Social Security Disability Insurance , unemployment benefits will not affect the amount of the SSDI payment, but, as stated above, it may be considered in determining whether you are disabled.

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