Sunday, January 22, 2023

Can You File For Disability If You Are Unemployed

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What Happens If You Cant Return To Work After An Injury That Isnt Job

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

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.

What Is Long Term Disability Insurance

In the event of an injury or illness where you are not able to return to work, long term disability insurance offers some protection by providing you with a portion of your income that can go towards bills, expenses, and medical treatment and/or rehabilitation. Essentially, it aims to offset any financial hardship you might suffer as a result of being unable to return to work due to a medical condition.

Most policies provide benefits for the first two years if you are unable to meet the requirements for performing your own occupation, but after two years you must be unable to perform the tasks required by any occupation for which you are reasonably qualified by education, training or experience in order to retain long term disability benefits.

Watch this video to learn more about long term disability insurance in Ontario :

Get The Application Forms

Once you have things in order with your employer and have your doctors support, you can start gathering the various application forms for disability income benefits. Each disability plan or program has its own unique forms and procedures you must follow when making a disability claim.

Here is where you get the forms:

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Can You Apply For Social Security Disability While Collecting Unemployment The Key Is Consistency

Back in 2006, the Chief ALJ of Social Security issued a memorandum on this specific issue. He noted that the receipt of unemployment benefits does not preclude disability benefits.

He further noted that SSAs position is that it should not force claimants to choose between disability benefits and unemployment benefits.

However, he cautioned that judges should be mindful of individuals who are seeking employment in positions that require more functional ability than the person is claiming to have.

A big take away from this memo is that while you can apply for unemployment and disability, your statements to both should be consistent.

That is, you should not claim to disability that you cannot do any work, but claim to unemployment that you can.

If you are applying for disability and also have claimed unemployment, it never hurts to talk to or retain an experienced Social Security attorney who can help you properly prepare your case. Call the law offices of Loyd J. Bourgeois at 985-240-9773 if you have questions about your claim.

Wages Paid Instead Of Notice Of Layoff

Community Resource: Unemployment/Disability Insurance  ASIAN HEALTH ...

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.

Read Also: Are Unemployment Benefits Taxable In 2020

Why Has My Long Term Disability Claim Been Denied Why Have My Long Term Disability Benefits Been Terminated

An insurance company may deny your long term disability claim or terminate your long term disability benefits for a variety of reasons. Some of these might have a simple solution, such as making sure that they have all the necessary forms and documentation, but in other cases it might require the assistance of a lawyer to help you in your claim against the insurer in order to get the benefits that you are entitled to.

Issues may arise if you are not examined by insurance company approved doctors, you exceeded the time limitation in submitting a claim, there was a misrepresentation on the application as you had a pre-existing condition that you did not mention, there is surveillance evidence that contradicts your claim, there was a failure to have your injury or condition properly documented by your physician, you have not mitigated your losses by maintaining your treatment regimen, or there was a failure of your employer to provide the necessary documentation.

Similarly, insurance companies may argue that you do not have a claim or that you are partially or residually disabled . Instead, you are able to work part-time or with modified tasks. It may also consider your loss of earnings as a result of the medical condition. However, the benefits you would receive would be less than if you were receiving long term disability benefits.

Watch these videos explaining the top 10 reasons why an insurance company might deny your long term disability claim :

Types Of Disability Policies

There are two types of disability policies.

  • Short-term policies may pay for up to two years. Most last for a few months to a year.

  • Long-term policies may pay benefits for a few years or until the disability ends.

Employers who offer coverage may provide short-term coverage, long-term coverage, or both.

If you plan to buy your own policy, shop around and ask:

  • How long do benefits last?

  • How much money will the policy pay?

Read Also: How To Get Proof Of Income From Unemployment

What Happens If The Dac Gets Married

If the child receives benefits as a DAC, the benefits generally end if they get married. However, some marriages are considered protected.

The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.


To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

Do I Need A Lawyer To Handle My Long Term Disability Insurance Claim

Unemployment benefits: Ineligible if you’re getting disability?

It is a personal choice in deciding whether or not you would like a disability insurance lawyer to represent you and handle your claim. It is important to be aware of your rights and stay in control of your situation. When a person negotiates directly with an insurance company, he or she needs to understand that insurance companies have hundreds of years of experience in how to manage and settle losses. As private companies, they are always working for the benefit of its shareholders. If your claim is denied you may wish to consult with a lawyer who has the experience and knowledge necessary for advancing your claim.

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Reviewing Your Return To Work Schedule

Your manager will review your situation to determine if your needs can be accommodated in his/her organization. They will consult with departmental human resources who will coordinate your return to work with your manager and caseworker, if you are receiving benefits through disability or long term disability.

Your manager will inform the Pay Centre of your return to work or rehabilitation schedule, once it has been approved by the employee, manager and human resources, if it differs from your pre-illness schedule. Your manager will also inform your departmental human resources, who in turn will advise the Pay Centre when you are no longer on a rehabilitation schedule. You will be required to provide the Pay Centre with a copy of the approved rehabilitation schedule from your insurer.

Unemployment And Social Security Disability

Can you collect unemployment and Social Security Disability at the same time? Yes, you can apply for and be awarded Social Security Disability benefits while collecting unemployment insurance.

How can collecting both be a benefit to you:

  • Maximum unemployment benefit in 2020 is $1100 per month in the state of Florida .
  • Maximum SSDi payment for 2020 is $2,788 per month.
  • Total potential combined monthly income is $3,788.
  • The history and facts of collecting unemployment and SSDi:

  • The Social Security Administration does not deny Social Security Disability Insurance or Supplemental Security Income claims by those already receiving unemployment benefits.
  • A 1999 U.S. Supreme Court case held that Social Security Disability claims did not inherently conflict with other types of benefits.
  • There are numerous case law examples, regulations and Florida statute demonstrating that receipt of unemployment compensation benefits does not prevent the receipt of Social Security Disability benefits.
  • If you are currently collecting unemployment and feel you are eligible for disability benefits, contact our office to discuss your options. Our attorneys can help guide you through the process of applying for and obtaining SSD benefits.

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    Employer/insurance Carrier Requests Examination By A Health Care Provider:

    • Your employer/insurance carrier may designate a health care provider to examine you. You must submit to requested examinations under the following conditions:
      • Exams may occur at intervals, but not more than once a week.
      • You do not pay for the exams.
      • Exams occur at a reasonable time and place.
    • If you refuse to submit to an exam, you may jeopardize your benefits.

    Who Pays For Long Term Disability Coverage

    SSDI &  Unemployed

    Long term disability insurance can be purchased privately by individuals through an insurance broker or directly through an insurance company. Long term disability insurance can also be made available for purchase through your employer through a group disability insurance policy. In cases of group insurance through your employer, the insurance premiums could be paid by the employer, the employee or shared between the employer and the employee. Depending on what applies to you there are different implications for tax purposes.

    If the employee pays the premiums for the long term disability insurance then disability payments are not taxable. If the employer pays for the disability insurance premiums then when the payments are made to the disabled employee they are taxable. The law is more complicated when the premiums are shared between an employee and employer.

    Read Also: When Will I Receive My Unemployment Check

    Other Types Of Benefits And Programs For The Unemployed

    Educational Help

    Federal agencies offer many unemployment education and training programs. They are generally free or low cost to the unemployed.

    Self-Employment Help

    Self-employment assistance programs help unemployed workers start their own small businesses. Delaware, Mississippi, New Hampshire, New York, and Oregon offer this program.

    What Do Disability Lawyers Advise

    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, isnt 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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    Unemployment Benefits Impact On Social Security & Vice Versa

    As mentioned previously, the state of Minnesota is the only state in the union that currently offsets the unemployment benefits of those who are already receiving Social Security income. If you live in this state, your unemployment benefits may be reduced by an amount equal to half of your Social Security benefits.

    But, collecting unemployment benefits never has any type of impact on the amount of Social Security you receive. If you take Social Security at age 62 and are still working, then your earned income can reduce your Social Security benefit, but because unemployment benefits are considered to be unearned income, there is no impact.

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    How Much Will It Cost To Sue My Insurance Company

    May I Collect Unemployment While Waiting for Social Security Disability?

    Roger Foisy, as do most disability insurance lawyers, works on a contingency fee basis. This means that the lawyer only collects their legal fee if they are successful in your claim. In addition, Roger R. Foisy Professional Corporation offers an initial free consultation to potential clients. For a helpful explanation on how fees are determined please see my video blog How Ontario Injury Lawyer Fees are Determined.

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    Know Your Critical Dates

    Some of your application paperwork must be submitted within a certain amount of time from the start of your leave from work often within the first 30 days. Late submissions may impact your eligibility for benefits. It may take time for your insurer to review, adjudicate and process your claim: it is common for the adjudication process to take at least 10 business days.

    Can You Collect Unemployment If You Are Out Of Work Due To Injury

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    Simply so, can you collect unemployment while injured?

    Unemployment CriteriaTo qualify for unemployment benefits, youmust be healthy enough to work. If your job injury isso serious that you cant work at any job, even withreasonable accommodations for your disability, its unlikely thatyour state will approve unemploymentbenefits.

    One may also ask, can you get unemployment if you are out of work for medical reasons? Medical reasons.In many states, an employee who quits because of anillness, injury, or disability may remain eligible forunemployment. Some states require that the medicalcondition be linked to the job. In other words, the employeeis covered only if the work caused or aggravated themedical condition.

    Regarding this, can I get disability if I got hurt outside of work?

    If you are injured off the job and aretemporarily unable to work, you should file a claim forshort-term disability benefits. As long as yourinjury causes you to miss work for more than a weekand isnt job-related, you will probably be eligible forbenefits.

    Can I quit my job due to stress and collect unemployment?

    Its important to rememberthat your employer doesnt have to offer you a stress-freework environment. To qualify, you must prove that: Lost yourjob because of medically-verified stress or anotherhealth condition

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    Do I Have To Be Working At My Job For A Certain Amount Of Time To Be Eligible For Disability Benefits

    No. Eligibility is based on the earnings shown in your base period. Your base period is wages you earned 5 to 18 months before your disability claim begins. To learn more, use our DI/PFL calculator to create a general estimate. You must have at least $300 in wages in your base period, and they must have been subject to the SDI tax deduction . If you think you are eligible for disability, file a claim.

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    Financial Requirements For Social Security Disability

    Can You Get Short Term Disability And Unemployment

    The SSA imposes different financial requirements on eligibility for SSDI and SSI:

    • You must meet certain standards concerning your work history. A 55-year old, for example, must have worked at least eight years during his working lifetime, five of which must have been during the last ten years. These standards vary according to age.
    • To be eligible for SSDI, you must not be involved in substantial gainful activity, which means that you are not eligible for disability benefits if you earn at least $1,220 per month .
    • To become eligible for SSI you dont need any work history, but you must meet very low family asset and income maximums.

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    Streamline Your Application Process

    The application process will depend on what kind of Short Term Disability coverage you have and your insurers requirements. If your benefits plan includes services from a third-party disability management service like DMI, ensure you are utilizing their expertise to help you along the way.

    If you are applying for short term disability coverage, you want to focus on your treatment and recovery. To get your claims experience started right, our partners at DMI offer their advice to get things going in the right direction:

    • Fill out application forms in their entirety. Your application for benefits will be based primarily on the accuracy and comprehensiveness of the information that you provide, so double checking or having a close friend or family member look over your application form for any missing information can save you valuable time and energy.
    • Ensure your doctor, treatment team or specialist fills out the appropriate paperwork and provides the clinical records relating to your claims. This is the information your insurer will use to adjudicate your claim for benefits.
    • You will need to provide a clear and legible copy of one of the following documents: birth certificate, drivers license, or a government-issued passport.
    • Other information you may need to include is your SIN number, banking information for direct deposit, an up-to-date mailing address, as well as your employers address.

    Disability And Leaving The Public Service

    You should immediately notify your manager if your physician has certified that your illness is continuing and you are unable to return to work. Your manager may grant you leave without pay for a period sufficient to enable you to make the necessary adjustments and preparation for separation from the public service.

    Refer to Appendix B of the Directive on Leave and Special Working Arrangements for additional information.

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