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Can You Apply For Unemployment And Disability

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How To Apply For Social Security Disability Benefits Online

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

You can use the online application to apply for disability benefits if you: Are age 18 or older; Are not currently receiving benefits on your own Social Security record; Are unable to work because of a medical condition that is expected to last at least 12 months or result in death: and; Have not been denied disability benefits in the last 60 days.

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.;

Consider Talking To A Lawyer

If you applied for full-time jobs while you were collecting unemployment or you applied for jobs that were more demanding than your physical and mental limitations allow for, it’s best to talk about this with a disability lawyer, especially if you are thinking about amending your onset date to after you stopped collecting unemployment benefits.

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    Read Also: Is The 600 Unemployment Taxable

    What Is The Difference Between Ssi And Ssdi

    What Is the difference between SSI and SSDI? The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for Medicaid.

    How Long Will I Receive Sdi

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    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.

    Recommended Reading: Do You Have To Be Unemployed To Get Disability

    Can You Claim Both Unemployment And Disability At The Same Time

    You can claim one or the other but you cannot claim them both at the same time. The reason for this is because to claim unemployment benefits, you must be seeking a job therefore you must be fit and healthy and able to accept a job if one were offered to you.

    Use Form DS-1, Claim for Disability Benefits, to claim disability benefits during unemployment. You may obtain this form from employers or from the Disability During Unemployment office . Or you may download a form from our Website at www.nj.gov/labor.

    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.

    Also Check: When Will I Get My Unemployment

    Can You Collect Unemployment Benefits While Waiting For Disability Is This A Conflict

    When I asked my clients about the apparent discrepancy, they would tell me that something like: I want to work and am willing to try to work, and if I could get a job I would work hard to perform it. I dont know if my medical condition would allow me to perform reliably, but I would certainly try.

    Social Securitys stated policy is to encourage people with disabilities to return to work, and I personally do not see a huge inconsistency in a claimant who is applying for both unemployment and SSDI.

    But Social Security tends to view things in an either-or fashion. You are disabled or you are not, and there seems to be no middle ground.

    Some judges take the position that if you say you are ready, willing and able to work, then by definition, you are not disabled.

    Apparently, if you accept unemployment compensation and sign your name to a statement that asserts that you can work, then you must not be disabled.

    Of course, you dont automatically receive disability benefits if you do not apply for unemployment and sign a statement that you are not able to work.

    And there remains no answer to the question of how you can feed and house yourself and your family during the time that Social Security takes to decide whether you are disabled.

    Submitting A Disability Application

    Collecting Unemployment And Applying For Disability Benefits

    Even if you get unemployment and later discover you cant go back to work, you can apply for disability when the time comes. A disability attorney or advocate can help you determine when the time is right for you to stop unemployment benefits and submit your disability application. A lawyer or advocate can assist you throughout the application and review stages, and if the SSA turns you down, he or she can help you file an appeal too.

    Read Also: How Long Does Unemployment Debit Card Take To Arrive

    Us Okays Special Unemployment Pay For Disability Recipients

    By: Erik Gunn– July 28, 2020 6:30 am

    Unemployment Office

    After weeks of waiting and being told no, laid-off Wisconsin workers who also collect federal disability payments got some better news on Monday: They, too, can get jobless pay.

    A U.S. Department of Labor official, in a letter sent Monday;to the state Department of Workforce Development , said that Wisconsin residents enrolled in the Social Security Disability Insurance program and who lost work because of the COVID-19 pandemic can qualify for special unemployment payments for workers not eligible for regular unemployment compensation.

    In a press release emailed at 9:31 p.m. Monday, DWD stated that having received awaited official guidance the department today encouraged Social Security Disability Insurance recipients whose ability to work was impacted by COVID-19 to apply for Pandemic Unemployment Assistance benefits.

    DWD said eligible applicants could receive PUA retroactive to the first week they were out of work due to COVID-19, as far back as the week ending Feb. 8.

    The DWD statement said that Gov. Tony Evers, DWD Secretary Caleb Frostman, and Democratic members of Wisconsins Congressional delegation had sent letters to the Labor Department arguing that SSDI recipients out of work due to COVID-19 should not be excluded from receiving PUA benefits, especially during a period of public health emergency.

    Shut out from unemployment

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    Can I Collect Unemployment If I Am Terminated While On Disability

    If you are terminated while on disability, you may be able to collect unemployment. However, as long as you are unable to perform your job duties, you will be unable to collect unemployment benefits. All 50 states have the same requirements for a person to be eligible for unemployment compensation. First, the individual must be physically able to work. Second, the person must available for duty. Third, the person must be actively interviewing for jobs.

    In most cases, those who are terminated from employment while out on short term disability will be able to go on and receive unemployment benefits. This is because they are likely to recover from their disabling condition sooner rather than later and, therefore, be able to perform their job duties. Those who are terminated while on long term disability, however, may remain unable to work. Because of this inability to retain substantially gainful employment due to disability, a person would be unable to collect unemployment.

    Should you be terminated while on disability and be eligible for unemployment benefits, you should file for these benefits as soon as you recover. Because the amount of wages you earned in the year you seek to collect benefits may be affected by your disability leave, you may be able to use an alternate base year. The alternate base year set by your date of disability will allow you to qualify for unemployment benefits based on what you made in a normal year that was not affected by your disability.

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    Does It Matter Where I Live

    Because the Social Security Disability and Supplemental Security Income programs are run by the federal government the law, the issues and the claims process are generally the same no matter where you live.

    In other words, Midwest Disability can represent you efficiently regardless of where you live. Our lawyers travel throughout the nation to represent clients in administrative hearings in the states in which they live. The cost is the same as well and is contingent on you winning your case.

    Based in the Midwest, our social security disability lawyers provide legal assistance to clients throughout the nation. 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 will provide you with information about Social Security Disability benefits and explain how we can help you through the Social Security process.

    Our legal team started in the Midwest but now provides legal assistance to Social Security applicants throughout the nation. Let us bring our Midwest values to you no matter where you live. Free Case Evaluation.

    Social Security Disability Insurance Eligibility

    To qualify for SSDI benefits, an individual must have an impairment that prevents him or her from working that also meets the Social Security Administrations;definition of disability, which is different for minors and adults.

    Unemployment Eligibility
    Ticket to Work Program
    Minnesota Unemployment and Disability Benefits

    Can I Receive Unemployment Compensation Benefits And Disability Benefits

    Can You Collect Disability & Unemployment Benefits at the ...

    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

    Read Also: Will Unemployment Be Extended After March 2021

    The Law As It Relates To Unemployment

    Though it seems as though the same person wouldn’t need both unemployment benefits and SSDI benefits, there’s 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 there’s no contradiction between their need for both. The case also states that it’s possible for a person to qualify at the same time for both types.;

    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.

    Also Check: How Do I Contact Illinois Unemployment

    Division Of Temporary Disability And Family Leave Insurance

  • Disability During Unemployment
  • Have an illness, injury, pregnancy or other physical or mental health condition but havent worked recently and/or are collecting Unemployment benefits?

    You may be eligible for Disability During Unemployment benefits, a combination of Temporary Disability and Unemployment Insurance.
    • Before Applying
    • Frequently Asked Questions
    About the Program:

    You may be eligible for Temporary Disability benefits through the Disability During Unemployment section if you become unable to work more than 14 days from your last day of work at an employer covered for New Jersey Temporary Disability Insurance .

    You may become unable to work due to:

    • A physical or mental illness, injury or scheduled surgery.
    • Pregnancy and childbirth recovery.
    • An underlying health condition that makes you high risk for COVID-19, as certified by a licensed healthcare provider.
    How Much Do I Need to Earn to Qualify?

    If Youre Applying for;Temporary Disability After Receiving Unemployment or Family Leave During Unemployment Benefits:

    If You Did Not Collect Unemployment or Family Leave During Unemployment Benefits:

    To qualify in 2021, you must have worked 20 weeks earning at least $220 weekly, or have earned a combined total of $11,000 in those four quarters .;;

    Your;regular base year period;consists of 52 weeks and is determined by the date you apply for Disability During Unemployment benefits, as outlined in the chart below:

    If your claim is dated in:Your claim is based onearnings from:

    Disability Vs Unemployment Claims

    Receiving Social Security Disability and Unemployment? Can you?

    If you are filing for Social Security disability, you are stating that you have been unable to perform substantial work activity for twelve months, or that you anticipate that you’ll be unable to perform substantial work activity for at least twelve months, due to a mental and/or physical impairment. But when filing for unemployment, you are stating you are ready and available to perform work should you be able to find a job that fits your work skills.

    Don’t Miss: Do You File Unemployment On Taxes

    Can I Get Unemployment And Disability At The Same Time

    Q. I have been out of work since April 2020 and have been collecting unemployment. During this time I applied for Social Security Disability Insurance and I was awarded benefits in February 2021. Social Security tells me it does not affect my benefit but I am not able to reach unemployment. Can I get both at the same time?

    Unsure

    A. Were sorry to hear youre out of work.

    Your case may get complicated.

    In the state of New Jersey, it is legal to collect both Social Security Disability Insurance and unemployment benefits, said Ken Van Leeuwen, a certified financial planner with Van Leeuwen & Company in Princeton.

    Neither amount is affected by collecting the other, he said.

    But it can be a tricky process, however, because the criteria for collecting each of these can be somewhat contradictory, he said.

    To qualify for unemployment, you must be actively seeking employment opportunities which can be difficult while qualifying for disability benefits, which requires that you are largely not able to work, he said. Social Security officials will consider any receipt of unemployment benefits when approving your claim, so it will be up to you to prove why these two are not conflicting.

    Email your questions to .

    Karin Price Mueller writes the Bamboozledcolumn for NJ Advance Media and is the founder of NJMoneyHelp.com. Follow NJMoneyHelp on Twitter Find Sign up for NJMoneyHelp.coms weekly e-newsletter.

    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.

    Recommended Reading: How To Contact Unemployment Office

    What You Need To Know If You’re Unemployed And Eligible For Social Security Benefits

    No one wants to risk losing their Social Security benefits, so many Americans applying for or receiving Social Security benefits, whether through Social Security Disability Insurance are hesitant to apply for unemployment in the event of a job loss.;

    Is it true that you will lose benefits? If youre wondering how can unemployment benefits affect Social Security disability earnings, then DEF is here to answer your questions.;

    Learn More About Navigating Life With A Disability

    Can you file for both unemployment and Social Security ...

    Whether you’ve recently become disabled or you’ve dealt with a disability for many years, there are still questions that can arise regarding unemployment, disability benefits, finding employment, and more. Having the right resources can make all the difference on this journey. Now that you’ve learned a little bit more about how a disability can affect unemployment benefits, take some time to browse our other helpful articles on finding a job that works with your unique needs.;

    Our premier job board can help you narrow down your search to only those jobs that will be right for your situation. Check back often as new jobs are posted regularly. Whether you’re looking for a part-time job to supplement your benefits, or something full-time and long-term, we can help you out.;

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