Friday, May 20, 2022

Do You Have To Be Unemployed To File For Disability

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We Wouldnt Miss Your Retirement Party

Unemployment is not a Basis for a Disability Case

When most people think of Social Security, they think of retirement benefits with good reason. But we are more than retirement benefits we offer many online tools to help you plan for your future.

Use Social Securitys to see what your benefits could be based on when you retire and if your income changes.

Is Your Condition Found In The List Of Disabling Conditions

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

You Must Already Have 40 Social Security Work Credits And Paid Fica Taxes For 5

Insufficient work history is another one of those disability secrets that confuses many people who receive a technical denial letter. Look at it this way: If youre disabled and cannot work, youre technically asking the SSA for early retirement withdrawals. If youve only worked four years full-time in the last decade, thats technically not enough credits to make you eligible. Or maybe you worked full-time for 22 years, but your employer didnt withhold Social Security taxes from all your paychecks.

Heres another example: Youre a federal employee whose government pension automatically disqualifies you from receiving Social Security disability insurance checks. Your monthly SSDI check also depends on how long you worked as well as your paychecks . In any given year, you can earn a maximum of four Social Security work credits with full-time employment. Plus, the amount you need to earn one work credit increases each year to keep pace with increasing average wages. In 2019, youll get one Social Security work credit for every $1,360 you earn, according to the SSA.

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I Am Unemployed Due To Covid

If youve become unemployed due to the economic crisis caused by the COVID-19 pandemic, you can apply for unemployment insurance benefits. 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.

To learn more about receiving unemployment insurance and Social Security benefits at the same time, dont hesitate to contact the unemployment agency in your state or a local disability advocate group in your area. Or, reach out to any of DEFS experienced disability advocates! We are here for you and happy to help answer any of your questions.

How Much Will You Receive

Do You Have To Be Denied Unemployment To Apply For Pua ...

California’s SDI program pays approximately 60-70% of your usual wages, depending on your income, up to a cap. This amount is not subject to tax, so no withholding will be taken from the payment. In 2021, the cap is $1,357, but the average weekly amount received is $689.

The amount of your “usual” wages isn’t necessarily the amount you were earning just before becoming disabled. Instead, California calculates benefits using the “base period.” In most cases, this is the 12-month period ending just before the last complete calendar quarter you worked before becoming disabled. For example, if you became disabled in August of 2020, the base period would be April 1, 2019 through March 31, 2020. You must have earned at least $300 in wages in this base period.

You will be paid about 60-70% of the wages you received during the highest-paid quarter of your base period. For more information, see our article on how to calculate your short-term disability benefits in California.

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    What Counts As A Disability

    There isnt one standard definition for a disability that applies across the board here.

    Its all plan- or policy-specific, says Chicago-based attorney Michael Bartolic, whose firm focuses on employee benefits and deferred compensation. As a general observation, its any sort of injury or illness that renders one unable to do their job.

    That could include things like childbirth, a major surgery with a long recovery period, an illness that requires frequent treatment, or an injury sustained in some sort of accident. Bartolic explains that the best thing to do is to check your plan documents, as the definition of disability should be clearly spelled out there.

    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 youre saying youre 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.

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    Being Unemployed Can Help You Qualify For Chapter 7 Bankruptcy

    Low-income debtors can get a fresh start by wiping out dischargeable debt in Chapter 7 bankruptcy. Not everyone is entitled to a Chapter 7 debt discharge, however. Your earnings must be low enough to pass the Chapter 7 means test. So if you’re unemployed and presumably have little or no income, you’ll likely qualify for Chapter 7 bankruptcy more readily than if you had a well-paying job.

    How Does Working Affect Social Security’s Disability Decision

    Answering Your Questions About Social Security Disability and COVID19 Unemployment Benefits

    Working right up until the time you apply for disability can throw doubt on your claim that you can’t work . If you didn’t suddenly become injured or ill, you’ll need to provide evidence that you weren’t succeeding at working just before you applied for disability .

    Disability Secret

    In part of your application for disability , Social Security asks you questions about your last job. If your medical condition caused you to be absent from your last job or you had to reduce your hours due to your condition, make sure you include this information on the form. Likewise, if your employer had to give you special help or accommodations for you to complete your job, include that information. Also report how much pain you were in while you did your job and how long it took you to recover from a day’s work.

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    Can You File For Unemployment While Waiting For Social Security Disability

    You are facing a dilemma when you have been let go from your job because you can no longer perform that type of work given your disability. Maybe you called out too many times for doctors appointments, or you are not able to lift or perform many of the required tasks for your position. You then decide to apply for Social Security Disability benefits and you find out that it could take 90 days or more to hear whether you are approved, and even if you do get approved it might be six months or more until you begin receiving benefits. You give some thought to applying for unemployment benefits to hold you over while you wait to hear about your SSD claim, but is that allowed?

    Adults Disabled Before Age 22

    An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.

    The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.

    Example

    It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.

    • A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.

    Working While Disabled: How We Can Help

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    Do You Meet The Minimum Earnings Requirement

    Virtually all states look at your recent work history and earnings during a one-year “base period” to determine your eligibility for unemployment. In Florida, as in most states, the base period is the earliest four of the five complete calendar quarters before you filed your claim for benefits. For example, if you filed your claim in October of 2021, the base period would be from June 1, 2020, through May 31, 2021.

    During the base period, your work history and earnings must meet all three of these requirements:

    • You must have been paid wages in at least two of the four calendar quarters that make up the base period.
    • Your earnings during the entire base period must be at least one-and-a-half times your wages in the highest paid quarter of the base period. For example, if you earned $5,000 during your highest paid quarter, your total earnings for the base period year must be at least $7,500.
    • You must have earned at least $3,400 during the entire base period.

    Resigning While On Disability

    The war against the unemployed

    It is not necessary to resign to qualify for disability. However, if you do resign, it is necessary to prove that the decision to resign was solely based on the disability.

    Resigning while on short-term disability is possible, but it could jeopardize future benefits. Some employer polices require that the beneficiaries remain under a physicians care until they recover. Those who resign without returning to work temporarily could lose their ability to receive future benefits. Growing Family Benefits explains that it is also possible you might have to return health insurance premiums funded by your company during your period of disability.

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    Seriously Do You Really Need To Understand Your Short

    Heres the short answer: yes. While its not exactly a fun topic to think about, its important that you familiarize yourself with the details of your planso you dont have to get up to speed when you actually need the benefit.

    However, wading through our own plan documents is a step that most of us skip. That informational booklet is immediately relegated to our desk drawer or filing cabinet.

    Do you remember the first day you started your job? Its kind of a firestormyou cant focus well or often, says McDonald. So we dont spend a lot of time achieving clarity about the benefit in the beginning. We only acquire an understanding of it when we are in deep need of the benefit.

    But particularly if you have an existing problem or condition, youre going to want to know the ins and outs of the benefit thats available to you.

    Anybody who goes into a new job and has any kind of serious medical condition that could at some point in time render them unable to work, I think its a good idea to be able to see the actual short-term and long-term disability plan documents to see how they define disability and how they handle pre-existing conditions, adds Bartolic.

    Ideally, youll never have to take advantage of your short-term disability benefits. But in the event that the unexpected happens, youll be glad that you took the time to understand whats offered to you. This explainer is a good place to start, but you also need to read through the details of your specific plan.

    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.

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    Find Out The Unemployment Eligibility Rules Benefit Amounts And More For Florida

    By Lisa Guerin, J.D.

    In Floridaas in every other stateemployees who are temporarily out of work through no fault of their own may qualify to collect unemployment benefits. The eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state, however. Here are the basic rules for collecting unemployment in Florida the state calls these benefits “reemployment assistance.” In Florida, the agency responsible for unemployment benefits is called the Department of Economic Opportunity.

    Benefits For Disabled Widows Or Widowers

    Unemployment benefits: Ineligible if you’re getting disability?

    If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:

    • The widow, widower, or surviving divorced spouse is between ages 50 and 60.
    • The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker’s death.

    Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment

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

    We use the same definition of disability for widows and widowers as we do for workers.

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    Does Maternity Leave Count As Short

    Youve probably heard of circumstances where people use their short-term disability for pregnancy and maternity leave. Doing so is fairly common, but whether or not youre able to do so yourself is also dependent on your plan.

    We actually see a lot of short-term disability policies that specifically address maternity leave, explains Bartolic. These plans also will explain how much time off is offered for maternity leave, which can vary based on things like whether the mother had a vaginal birth or a c-section.

    Some employers exclude maternity leave from their short-term disability plan and have an entirely separate program to address paid leave for childbirth.

    So Sorry To Hear About Your

    So sorry to hear about your situation Cathy. You& #039 ve been given some good advice, but some of it isn& #039 t 100% accurate. I was in an accident back in 2013 that left me with lower back issues, so I& #039 m VERY familiar with the whole process. Firstly, at this point the deadline for filing a personal injury suit has definitely passed, so unfortunately in that regard to my knowledge there& #039 s nothing you can do, but I recommend calling some personal injury attorneys just to be sure. Secondly, as far as insurance is concerned, your insurance would give you a difficult time in covering anything since you were in a freind& #039 s car at the time. Your friend& #039 s insurance is who you should get in contact with, as insurance coverages have amounts for passenger coverage. Had you been in your vehicle, that would be entirely different, it would have been a no-fault claim provided that evidence indicated that the person who hit would was entirely at fault. However, no-fault works on a state by state basis so if that were the case, your insurance company may not even provide no fault coverage.

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    Does Unemployment Count As Income For Ssdi

    While social security benefits might reduce your unemployment benefits , collecting unemployment compensation will never reduce your social security benefits. Thats because social security only counts wages as income when calculating benefits. Unemployment is not considered salary and, therefore, it is not counted.

    Hi My Name Is Titshaun I

    How Long Do You Have To Be Out Of Work To Apply For Long ...

    Hi my name is Titshaun I& #039 m legally blind in my right eye and I have limited sight in my left eye I suffer with diabetes high blood pressure anxiety and depression I have migraine headaches and mild degenerate muscle decay in my right hip and leg I applied for disability in June I went to see the disability doctor I also let disability know when I spoke to them that I still work and I can& #039 t quit until a decision is made I can& #039 t afford to be homeless I have no where to go I& #039 ve been on my own since 14 it& #039 s hard because I am being told that my case is still pending what can I do

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    Can Receiving Unemployment Benefits Affect My Ssi Or Ssdi Benefits

    This is not a simple question, since not all Social Security disability benefits are equal. Since SSDI benefits are separate from SSI with different eligibility requirements, they are not equally affected by unemployment earnings.

    If you are currently receiving SSDI and apply for unemployment, your SSDI benefits will not be affected. The Social Security Administration classifies Unemployment Compensation benefits as Unearned Income. As the individual receiving these benefits is generally not working, the payments do not affect SSDI benefits.

    However, unemployment compensation will affect earnings from SSI payments. As unearned income, unemployment benefit payments reduce SSI dollar for dollar . Since the current 2021SSI federal monthly payment maximum is $794.00, anyone receiving unemployment benefits over $814.00 will be ineligible for SSI due to excess income.

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