Friday, April 19, 2024

Can I Get Disability And Unemployment At The Same Time

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Disability Or Care For Family Member

Can I draw unemployment and receive benefits at the same time?

SDI provides temporary benefits to employees who cannot work because of a disability not caused by the job. Paid family leave, or PFL, is also part of the SDI program, which provides benefits to employees who must take off work to care for an ill relative or new child. Employees pay into the SDI program through payroll deductions.

Can You Work If You Are On Social Security Disability

Although officially Social Security says that receiving unemployment benefits does not preclude disability benefits, the claims examiners and Administrative Law Judges tend to consider your filing for unemployment as an admission that you can work. Maybe You Can Work, But Only for the Right Employer The safest answers arent always the best.

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.

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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 policy’s 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, you’ll be found disabled only if you’re 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 they’re “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 Social Security And Unemployment At The Same Time

Can I get unemployment and disability at the same time ...

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.

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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.

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Does Ssi Affect Unemployment Benefits

It is possible that applying for SSI can affect your unemployment claim. Because you are stating you are ready, willing, and able to work, applying for SSI may suggest the opposite. Your employer may use your disability application against you.

The bottom line here is that if you are applying for both types of benefits, you should really speak with an SSI lawyer before doing so. This will help you to avoid destroying both of your claims.

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Can You Do Any Other Type Of Work

If you cant do the work you did in the past, we look to see if there is other work you could do despite your medical impairment.

We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you cant do other work, well decide you are disabled. If you can do other work, well decide that you dont have a qualifying disability and your claim will be denied.

Contact Our Long Term Disability Lawyer In Kansas City

Can I Get Unemployment and Disability Insurance Benefits?

The Law Office of Kevin J. McManus assists clients as they seek long-term disability and short-term disability benefits and after such benefits have been denied. If you have questions about disability benefits or would like to appeal a denial of long-term disability benefits, please contact our law firm in Kansas City, Missouri.

We have a free book you can download right now to guide you through the process. Additionally, we offer free reviews of denial letters from a disability insurance company and can offer a strategy on how to fight back. Whatever you choose to do, dont wait call today at 816-203-0143.

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Who Can Help Me With Disability Benefits And Unemployment

If you still have questions about disability benefits and unemployment, the best course of action is to talk to a qualified professional. Many state agencies have been overwhelmed by inquiries and applications during the coronavirus pandemic. For knowledgeable and personalized assistance, contact a Social Security disability attorney at Social Security Disability Advocates USA.

Our law firm offers free, no obligation consultations for those who need help applying for benefits or appealing a decision. Call us today at , connect with one of our LiveChat agents, or simply fill out this form to request your free case review.

This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.

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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Exception For Those Receiving Partial Disability Benefits

If your LTD policy provides for partial disability benefits, your chances for receiving both partial LTD benefits and unemployment benefits might be higher. Your state unemployment agency is less likely to use your receipt of partial LTD benefits against you, because it is highly possible that you could be “partially disabled” but still be able and available to work somewhere.

Can A Person Be Laid Off With Short Term Disability

Can You Get Workers Comp &  Unemployment At The Same Time ...

Currently, many employees, who have not been outright terminated, may be temporarily laid off or be subject to various reduced hours plans. Some workplaces provide employees with Short-Term Disability and Long-Term Disability benefits that allow the employee to be absent from work for illness reasons.

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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.

Does Sdi Cover Pregnancy

Yes. For a pregnancy without complications, the benefit period is generally from four weeks before your due date to six weeks after your delivery. If your pregnancy prevents you from working before or after that period, your doctor has to explain why on the claim form.

Note: This article focuses on SDI for people with disabilities and Paid Family Leave for people taking care of a person with a disability. If you have questions about Pregnancy Disability Leave, contact the EDD.

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Laid Off During The Pandemic

For more information about applying for disability after losing work, read our article about who’s eligible for disability after a layoff.

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    Medical Requirements For Disability

    Can I Get Workers Comp Benefits & Social Security Disability Benefits At The Same Time?

    To qualify for disability benefits under either SSDI or SSI you must meet all of the following requirements:

    • You must suffer from a disability that is classified as severe. It must substantially limit your ability to perform basic activities required at most jobs such as standing, sitting, and remembering and
    • Your condition must have persisted, or be expected to persist, for at least a year and
    • Your condition must either meet the requirements of a Social Security impairment listing as published by the Social Security Administration, or render it impossible for you to either return to any of your previous occupations or work in a less demanding job.

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    Does Disability Pay The Same As Unemployment

    In short, no. The amount of disability benefits or unemployment an individual receives is based on too many factors, including the state you live in, your age, work history, etc. Its important to note that due to the COVID-19 pandemic, unemployment benefits have been extended and supplemented by the federal government via temporary programs including Federal Pandemic Unemployment Compensation , Pandemic Emergency Unemployment Compensation , and Pandemic Unemployment Assistance .

    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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    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.

    Going Back To Work Can Affect Social Security Benefits

    Social Security Disability Insurance: Will Your ...

    If you are able to find another job and start working again after filing early for Social Security benefits, your earnings have the potential to reduce your Social Security retirement benefits until you reach full retirement age. If you earn over a certain amount each year, your retirement benefits will be reduced according to a formula found on the Social Security website. Check the website to find out exactly how much you can earn without this happening and how much your benefits will be reduced if you earn more than this amount each year. Once you have reached full retirement age, there is no earnings limit that will lead to a reduction in your benefits.

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    What If My Disability Lasts Longer Than 52 Weeks

    If your disability is expected to or does continue past one year, you may be eligible for Social Security Disability Insurance or Supplemental Security Income , depending on the type of disability and how severe it is. See our fact sheet Short-Term and Long-Term Disability Benefit Programs for more information on SSDI and SSI.

    In addition, some employers provide private insurance, called Long Term Disability Insurance to their employees with long-term disabilities. If you believe you may be covered by LTD, you should contact your employer to find out about benefits and eligibility and to request a copy of the Summary Plan Description.

    What Is Social Security Disability

    The Social Security and Supplemental Security Income disability programs are some of the largest Federal programs in the country. They provide assistance to those individuals who are suffering from disabilities that prevent them from working. You can only qualify for eligibility by proving that you are unable to work full-time for at least a year or more and that you have already accrued enough work credits to qualify for SSD. Your condition must interfere with work-related activities and must meet the SSAs definition of disability.

    One of the main requirements of collecting SSD benefits is that you must be unable to perform substantial gainful activity for at least one year. This does not mean that you cant make any money working, however. As long as you are making less than $1,180 per month then you would still continue to qualify for SSD benefits.

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    Information About Unemployment Benefits For Ssi And Ssdi Recipients

    A person is allowed to receive unemployment benefits and federal disability benefits at the same time, but as discussed below, receiving unemployment benefits could affect a persons disability benefits in negative ways.

    If you receive Supplemental Security Income benefits, any unemployment benefits you receive will reduce your SSI payment dollar-for-dollar. You have a duty to report income to the Social Security Administration if you are an SSI recipient. If the money received in a month is not spent before the first day of the next month, then it will count toward the $2,000 SSI resource limit .

    If you receive Social Security Disability Insurance , unemployment benefits will not affect the amount of the SSDI payment.

    When you are 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 you received unemployment benefits since the last review, that may be considered in a continuing disability review.

    Finally, people living in New York who received unemployment between March 2020 and September 6, 2021 will not have that money count as income or a resource for SSI purposes. However, if you received unemployment during that time period, it could still be considered in deciding whether you are disabled. Any unemployment received after September 6, 2021 is subject to the regular pre-pandemic income and resource rules.

    How Can You Receive Both Benefits At The Same Time

    Can I file for unemployment and disability at the same time?

    The Social Security Administration does not deny an individual the ability to collect both SSD benefits and Unemployment benefits. Since eligibility for unemployment benefits hinges on your ability to be ready and able to work at any given time and SSD benefit eligibility hinges on your ability not to be able to work, these two are often mutually exclusive. Exceptions do exist, however. If you attempted to re-enter the workforce through the Social Security Administrations Ticket to Work Program or if you previously worked full-time but are now only able to work part-time due to medical restrictions, you may be able to qualify for both sets of benefits.

    The Ticket to Work Program is a program that lets individuals with disabilities test their ability to re-enter the workforce. Individuals have nine months to determine if they are able to work in some capacity, while still keeping their SSD benefits. If an individual worked in this program for less than 9 months but was suddenly laid off, then they may qualify for both unemployment benefits and SSD benefits.

    With a qualified attorney on your side, you may be able to prove your eligibility for both types of benefits. Yet, you may face repercussions for double dipping if you are unable to make a solid case for receiving both benefits at the same time.

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