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.
Thank you for subscribing!
Contact Krasno Krasno & Onwudinjo To Find Out If You Can Collect Unemployment And Social Security Disability At The Same Time
At Krasno Krasno & Onwudinjo, we handle all Social Security Disability and unemployment benefits cases on a contingency basis.
In other words, our legal services are free unless we obtain benefits for you. If you are a resident of Pennsylvania and you are having difficulty obtaining unemployment and disability benefits, let us help you obtain the benefits you deserve.
If you want to know whether you can collect unemployment and social security disability at the same time, act now to set up your free, no-obligation consultation call 243-4823, fill out our online intake form or visit one of our 12 office locations throughout Pennsylvania.
Can You Collect Disability And Unemployment Benefits At The Same Time
Yes, technically, you can receive Social Security disability benefits and other forms of government benefits at the same time. However, it is vital that you understand how these different programs interact with each other so that you do not hinder your disability claim.
Unemployment benefits are a great resource for out of work Americans. But, collecting both disability and unemployment benefits is risky and complicated. Why? Because unemployment benefits are mainly reserved for people able and willing to work but cannot find employment, whereas disability benefits are for individuals who cannot work at all.
Read Also: Can You Refinance While Unemployed
When Will Ssdi Coverage Lapse
You must meet the recent work test and the duration of work test in order to qualify for SSDI. Heres the recent work test: Typically, if you are 31 or older, you must have worked at least 5 of the last 10 years to keep up your SSDI coverage. Put another way, you will need to have earned 20 credits in the 10 years immediately before you became disabled. There is an exception to this rule for certain blind applicants.
Can You Get Unemployment And Disability Consecutively
Although it is difficult to obtain unemployment and disability at the same time, can you get unemployment and disability consecutively? Meaning can you get one right after another?
In most cases, yes. You can receive unemployment and then become unable to work and obtain disability. Similarly, you can receive disability and then become able to work again and receive unemployment.
If you are currently receiving unemployment, but you have a disability policy, then you can file a claim for disability. Some disability policies are provided through an employer. If your disability policy was through your employer, then you may no longer be covered by the policy if you were terminated and are now receiving unemployment. However, some disability policies extend for a period after employment, so you may still qualify. If you have an independent disability policy, then you may be able to make a claim when you become unable to work. At that point, you will also have to inform the unemployment office that you are no longer ready, willing, and able to work. If you are seeking SSD, then you may qualify when your ability to work drops below a certain amount.
Recommended Reading: Njuifile Net Website
Whether To Apply For Unemployment Benefits
What should you do? To be safe, especially in the few states where filing an application for unemployment means you’re saying you’re available to work full time, some disablity applicants wait to apply for disability benefits until their unemployment benefits run out. Others change the date they say they became disabled until after their unemployment benefits have stopped.
What Is Unemployment Insurance
Unemployment insurance, or UI, is a state-federal program designed to provide temporary income support for individuals who lose their job through no fault of their own. UI benefits are overseen by the federal government but each state administers its own unemployment program and sets requirements for eligibility.
Don’t Miss: How To Apply For Unemployment In Chicago
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.
What Should I Do If I Want To Apply For Both Programs
First and foremost, the essential rule in applying for either of these programs is to be honest. Under no circumstances should a claimant try to hide that they are actively pursuing financial assistance from both programs.
The SSDI application process is complex, and only becomes more confusing when adding in a second benefit program. Seeking the assistance of an experienced Social Security Disability attorney is essential in these situations. If you have any doubt about how unemployment benefits impact your SSDI claim, you should contact a Disability lawyer or advocate immediately.
You May Like: How Do I Sign Up For Unemployment In Nc
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.
~ Get Your FREE ~
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.
What About Medical Religious Or Other Exemptions
If you have a medical or religious reason for not getting vaccinated, you may be able to receive UI benefits — even if you’re fired for not getting vaccinated. The New York Department of Labor has stated that while eligibility is determined on a case-by-case basis, workers in the health care and education sectors “who voluntarily quit or are terminated for refusing an employer-mandated vaccination will be ineligible for UI absent a valid request for accommodation.”
That “valid request for accommodation” clause includes two exemptions under Title VII of the Civil Rights Act and the Americans with Disabilities Act of 1990 , several attorneys confirmed. The Equal Employment Opportunity Commission, which is the administrative entity that enforces anti-discrimination laws, has offered guidance on the issue.
However, even if you qualify for an exemption for a disability or a deeply held religious belief, an employer could still have a defense against paying unemployment “if it can show that accommodating a religious view would be an undue hardship,” Professor Kohler said.
Also, once it’s been established that vaccine mandates are a reasonable policy, and that the employee refused to comply with that policy, “the employee would have the burden of establishing that he or she was justified in noncompliance,” Rushovich said.
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.
You May Like: How Do I Sign Up For Unemployment In Nc
When Can You Get Unemployment And Disability
Because unemployment requires a claim that you are able to work and disability generally requires a claim that you cannot work, it is very rare to be able to get both at the same time. Situations where you may get both at the same time include the following:
- You are able to do some work that is not similar to previous work you have done.
- Your work does not rise to the level of substantial gainful activity.
A long term disability attorney can help you determine whether you meet these eligibility requirements.
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.
Learn More About Navigating Life With A Disability
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.
- disABLEDperson, Inc. is a 5013 non-profit organization whose mission is to reduce the high unemployment rate of individuals with disabilities.
- “We are simply here to serve.”
Work With A Social Security And Unemployment Benefits Lawyer
Your best bet to fight difficult administrative judges is to work with a qualified and experienced unemployment benefits and Social Security lawyer. Challenging and appealing an SSDI denial is tricky and can be very stressful. Thats why you need experienced help to get the right results.
Weve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at or fill out our online form to schedule a free consultation.
Read Also: Washington State Unemployment Online
Division Of Temporary Disability And Family Leave Insurance
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:|
Will Unemployment Compensation Affect My Social Security Disability Insurance Benefits
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.
Read Also: What Ticket Number Is Pa Unemployment On
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.
Applying For Disability Benefits
If your illness or injury has caused you to become disabled, and you cannot return to work after a 12-week unpaid leave, you may be able to apply for some short- or long-term disability benefits. Local branch offices of the Social Security Administration have forms and counselors available to assist you in applying for benefits. You may be able to seek help from your local Department of Human Services, to apply for medical, food and living expense benefits if you are in need.
Wages Paid Instead Of Notice Of Layoff
Wages paid instead of notice of layoff are payments an employer makes to an employee who is involuntarily separated without receiving prior notice.
You must report any wages paid instead of notice of layoff to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. Under Texas law, you cannot receive benefits while you are receiving wages paid instead of advance notice of layoff. We will mail you a decision on whether your wages paid instead of notice of layoff affect your unemployment benefits.
The Social Security Disability Impairment Listing Loophole
If you meet the requirements of a Social Security disability impairment listing, the SSA will assume that you cannot work, and you will not have to prove you cannot work in order to become eligible for Social Security disability benefits.
This might allow you to collect unemployment and disability at the same time, although you would need to explain the situation clearly to both Federal and Pennsylvania authorities.
The potential problem here is that the conditions listed in the impairment listing are typically so severe that you may not be able to work anyway, thereby rendering you ineligible for unemployment benefits.