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.
Requirements To Receive Disability Payments
Individuals receiving unemployment benefits can theoretically apply for Social Security Disability Insurance from the Social Security Administration .
Many states also feature SSDI programs. To apply for any of these programs, an individual generally must show that they have medical conditions that prevent them from working.
This includes information about their medical condition or disability that prevents them from doing work-related activities like walking, sitting, or remembering instructions.
To evaluate the extent of the individuals disability, the SSA will evaluate whether youre currently working. It will also evaluate whether you can still do the work at your previous job.
Therefore, receiving disability payments means you need to claim that you cant work a job.
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 persons 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.
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Pregnancy And Maternity Leave
If you are disabled due to pregnancy, you may be entitled to up to 26 weeks of disability benefits.
You will need to submit a medical report completed by a doctor or certified nurse midwife stating your disability is due to pregnancy.
- The medical report should describe specific pregnancy complications if your disability
- started more than four weeks before the anticipated birth date OR
- lasts more than four to six weeks after the actual birth date.
Note: Benefits are not payable for any period you are unable to work due to elective surgery .
Can You Collect Unemployment If You Are Off For Medical Reasons
The unemployment benefits of an employee who quits due to an illness, injury, or disability may be extended to them in many states. There are some states that require employers to provide medical coverage for their employees. The employee is only covered if the work aggravates or causes the medical condition.
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Can I File For Unemployment While On Short Term Disability
- Posted on Jun 13
I agree with Mr. Shore’s response. You should speak with an employment law attorney asap so that it can be determined if requiring you to return to work full-duty only was a violation of the Pennsylvania or federal disability discrimination laws.
Answers to questions on this forum do not create an attorney-client relationship.
Do I Need A Lawyer To Apply For Disability In Pennsylvania
You dont need a lawyer to apply, but there are places where you can go wrong that can hurt you later on. Having a lawyer is beneficial, and the more contact they have with you, the better. A lawyer can help you do things to help steer the process to make sure that the information going into your file is beneficial.
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Eligibility Criteria For Unemployment Benefits
If youâve lost your job for a reason that wasnât your fault, the foundational criteria for receiving unemployment benefits are fairly straightforward, although specific eligibility criteria does vary from state to state. Without question, you have to be willing and able to work and be actively seeking a job. If you are working a part-time job while seeking full-time employment, you can still usually get at least a partial weekly benefit. The number of hours that you work and the wage that you earn will determine how much in unemployment benefits you qualify for.
Your work history also plays a major role in determining how much you will get each week and how many weeks youâll receive benefits. Applicants who have worked for many years at a high-paying job will likely qualify for more benefits than an applicant with a year of full-time work history.
Recent legislation has also extended unemployment benefits to independent contractors, self-employed workers, and gig workers. This legislation has increased the pool of eligible candidates by several million claimants. There are some cases, in fact, whereby an applicant who would not have qualified for unemployment benefits before could now be eligible for benefits under the rules of the new legislation.
Ssdi Guide: Will My Benefits Be Cut Off As Soon As I Return To Work
Social Security Disability Insurance provides financial protection to people who have qualifying disabilities. If your disability or medical condition improves, you may want to consider going back to the workplace. This raises an important question: Will I automatically lose my Social Security disability benefits if I return to work? The answer is it depends in some cases, you may be eligible for a trial work period. In this post, attorney Harold W. Conick offers a brief guide to your rights if you are preparing to return to work.
SSDI and Returning to Work: Know the Implications
To start, it is necessary to emphasize you will not necessarily lose your SSDI benefits if you attempt to return to work. How going back to your job will affect your eligibility depends on several different factors, the most important being the nature of your claim. As a rule, SSDI claims fit into one of the following two broad categories:
Social Security Disability and the Trial Work Period
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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.
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What Is The Time Limit For Unemployment
In most states, you may receive unemployment for up to 26 weeks. In some situations, the government might decide to extend those benefits. The COVID pandemic is a great example. With so many people losing their jobs, unemployment rates rose quickly. In that case, the government decided to extend unemployment benefits as well as add an extra amount onto each payment. But can you draw unemployment if you have filed for disability? Yes, you can, but your application for disability might be denied due to the fact that you are certifying that you are willing and able to work on your unemployment claim.
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Are School Employees Eligible For Disability Insurance Benefits During School Breaks
School employees are not eligible for Disability Insurance benefits if:
- Full wages were or will be paid to the employee during the contract period when services were performed.
- A period of disability overlaps with a school break and the employee is not scheduled to work, does not have a history of working during the break, or does not have an additional employer.
- The disability period extends through the school break period.
However, if the employee is not receiving wages but would have been working for extra income if not disabled , then the employee may be eligible for benefits to replace the additional income.
Legal Consequences Of Disability And Unemployment Fraud
Above all, be honest. You dont want to play games with state or federal law, and you certainly dont want to misrepresent or conceal any fact that might be relevant in determining your eligibility for disability and unemployment.
In a worst-case scenario you could be charged with a felony, imprisoned for five years and fined $250,000. Civil penalties are even more likely fines and reimbursement for improper disability and unemployment benefits already paid to you, for example.
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Getting Unemployment Insurance When You Could Be Getting Sdi Instead
If you got laid off, but you cant actually work because of a non-work-related disability, it can be a mistake to apply for Unemployment Insurance .
Many people dont 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 wont get UI benefits if youre not able to look for work and accept work if its offered. Plus, you cant get UI and SDI at the same time. So even if you are unemployed, its 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.
Disability Benefits From State Government
From January 2021, the Department of Paid Family Medical leave offers a cash benefit to Massachusetts employees who need to take paid leave for medical or family reasons. Find out more at Paid Family and Medical Leave .
Some employers offer short- or long-term disability insurance as a benefit to their employees. You should check with your human resources department to find out whether your employer offers this benefit and if you have previously enrolled in it. If you have private disability insurance through your employer, or that youve bought individually, typically it will require you to apply for any public benefits available. In conversations about disability insurance, if people are referring to disability, they often mean PFML.
The Department of Transitional Assistance provides cash benefits to people with very low income and assets. If you are unable to work for at least 60 days due to a disabling condition, you may be eligible for one of their programs.
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Collecting Unemployment And Social Security Disability Benefits Simultaneously
Contrary to what you might think, it is possible to collect Social Security disability insurance and unemployment benefits at the same time. Of course, it is rather difficult to qualify for both of these benefits at the same time because the eligibility criteria are fundamentally at odds. To qualify for unemployment, you must be actively looking for a job. To qualify for a disability claim with SSDI, you must be permanently and totally disabled. Only a small handful of applicants can meet both of these criteria.
If you receive unemployment benefits, the Social Security Administration will take them into account when they examine your SSDI application. It is your responsibility to prove to the SSA that thereâs no conflict between the two benefits.
The same is true for Supplemental Security Income benefits, which are paid to disabled persons. While it is theoretically possible to receive this benefit alongside unemployment benefits, the criteria for the two programs are again largely at odds with each other. Unlike receiving Social Security retirement benefits and SSDI, receiving unemployment benefits may reduce your Supplemental Security Income benefit. Claimants should consult with a qualified disability attorney in either of these cases in order to ensure that they are following the rules and receiving every benefit that they qualify for.
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Denying To Yourself That You Have A Disability
Many people take a long time to learn to cope with a new condition, and in the beginning wont 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. Its 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 havent 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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Does Social Security Pay For Unemployment Benefits
Unemployment benefits are taxable, and any other source of income a person receives while receiving unemployment benefits must be reported to the state unemployment agency. In general, Social Security pays monthly SSDI benefits to people who are unable to work for a year or more, or who have a condition expected to end in death.
What Happens If You Cant Return To Work After An Injury That Isnt Job
The answer to this question depends on a couple of things. One of them is whether your injury is short-term or long-term. Texas does not provide for short-term disability coverage through the state. But if you have purchased a private short-term disability insurance policy or your employer provides it, you can file for benefits to cover the time off work due to your short-term injuries.
If you have an injury that is expected to leave you unable to work for a year or more, you may be able to get long-term disability benefits through Social Security. There are two types of benefits:
Social Security Disability Insurance SSDI is for people who have worked and paid into Social Security.Supplemental Security Income SSI is for disabled, elderly, or blind people with minimal income and resources.
You can visit the Social Security Administration for more information on these programs.
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Learn More About Unemployment Compensation And Social Security Benefits
Summary: Even though receipt of unemployment benefits is not supposed to affect your eligibility for Social Security Disability benefits, individual judges may not follow this policy. As such, if you are affected, it is vital to contact our firm before applying for unemployment benefits.
Many clients work as long as they can, even with existing medical conditions and limitations. Then they get laid off, or when the company downsizes, they are first to lose their job. And, while we all know how long it takes from the time a claimant files a claim for Social Security until there is a hearing and decision, most clients do not have the financial resources to last two to three years with no income. To keep their home, to pay their bills and to just try to survive, they file for unemployment insurance benefits .
SSA official policy on receipt of UIB seems pretty clear:
This is a reminder that the receipt of unemployment insurance benefits does not preclude the receipt of Social Security benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled. See 20 CFR 404.1512 and 416.912.
See, Memorandum from Chief ALJ Frank A. Cristaudo: Receipt of Unemployment Insurance Benefits by Claimant Applying for Disability Benefits INFORMATION . Click here for a copy.
Make Sure You’re 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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