Thursday, September 29, 2022

Can You Claim Disability And Unemployment

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Lack Of Income For Unemployment Claim

Can I Get Unemployment and Disability Insurance Benefits?

If you are out of work for one year or more, you may not qualify for unemployment compensation because you likely dont have sufficient past earnings. Generally, you must have received at least $1,300 in wages during the highest-earning quarter of your base period. You will also qualify if you earned at least $900 during your highest quarter and your overall base period earnings are 1.25 times more than this. If you dont qualify for unemployment based on this standard calculation, EDD will use an alternative one that looks at your earnings for the last four quarters immediately before the date you filed for unemployment.

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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.

Explanations For Collecting Unemployment Benefits

If you have collected unemployment benefits and you attend an appeal hearing, be prepared to explain why you’re collecting unemployment benefits, or why you collected them recently. The judge may ask what jobs you applied for while you were collecting unemployment . If the jobs were ones that your stated limitations say you aren’t capable of doing , you may have a problem. You may want to offer to amend your alleged onset date to a date after you stopped collecting unemployment benefits.

Likewise, if you applied for a full-time desk job but are telling the judge you can’t sustain any full-time work, you may also have a problem. You could argue that you probably could not have been able to sustain full-time work for more than a few weeks without great pain or other symptoms or without getting fired. As federal judges have stated in the past, “A desire to work does not mean that a claimant can actually work,” and “Receipt of unemployment insurance benefits does not prove ability to work.”

If you have a valid argument that there is no legal conflict between your collecting unemployment benefits and disability benefits, tell the judge. Here are some examples:

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Social Security And Unemployment

Officially, the Social Security Administration says collecting unemployment doesnt bar you from getting approved for disability. However, when the application goes in, an administrative law judge may consider the benefits you get from unemployment while they review your disability case.

The SSA does have access to unemployment benefits information, and this information is usually included when you file your claim. Since each disability judge makes decisions on a case-by-case basis, whether unemployment affects your claim depends on the judge. Some judges dont like to see people receiving both kinds of benefits. Some will only approve disability after unemployment runs out and will request a modified onset date. Still, others understand that people need income in order to make ends meet and will approve your claim.

When To Apply For Social Security Disability Benefits

Can I File a Social Security Disability Claim While I am ...

When To Apply. You should apply as soon as you become disabled. If you apply for. Social Security, disability benefits will not begin until the sixth full month of disability. The Social Security disability waiting period begins with the first full month after the date we decide your disability began.

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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.

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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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.

Are You Eligible For Ei Sickness Benefits

Can You File and Receive Unemployment and File For Disability at the Same Time?

You may be entitled to receive EI sickness benefits if:

  • you are employed in insurable employment
  • you meet the specific criteria for receiving EI sickness benefits
  • your normal weekly earnings have been reduced by more than 40% and
  • you have accumulated at least 600 hours of insurable employment during the qualifying period or, if you are a self-employed fisher, you have sufficient insurable earnings from self-employment in fishing during the qualifying period.

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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.

Can I Get Unemployment While Im Waiting For Disability

Trying to make ends meet when youre disabled can be very difficult. And because qualifying for benefits can sometimes take months or even years, many people are concerned about how theyll continue to pay their bills while waiting for a decision from the Social Security Administration .

Unfortunately, the SSA does not automatically provide applicants any intermediary financial aid while waiting for disability. Exceptions to this rule include serious conditions that qualify for compassionate allowance or expedited reinstatement for those who have lost their benefits but qualified in the past.

If you lost your job because of your disabilitythat is, you missed too many shifts because of doctors appointments or could no longer perform the jobs essential dutiesyou could potentially qualify for unemployment benefits. That being said, collecting unemployment may be a bad look for your disability claim.

Unemployment benefits are designed for temporarily laid-off workers who are both ready and willing to work. Disability benefits are for permanently disabled workers who are unable to work or engage in any kind of Substantial Gainful Activity . As of 2021, SGA refers to monthly income in excess of $1,310 for non-blind disabled individuals.

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Make Sure Youre 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.

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Other Resources Available For Disability Benefits Claimants

Unemployment Job Search Disability

Given that it could take several months or longer for a disability benefits claim to be approved, it is crucial to secure other resources that may be available to you. At Disability Law Group, we will work with you to explore government, employer-based, and charitable benefits that you may be able to rely on while your disability claim is pending. These include:

Contact Our Macomb County Disability Benefits Attorney

If you are seeking Social Security disability benefits, you likely have many concerns. How long will it take until my claim is approved? How will I support myself and my family? Are there other resources available to me? At Disability Law Group, we will address those concerns by providing you with informed legal representation and caring, efficient service. Its a common mistake for individuals seeking disability to overlook the other types of benefits that may be available to them. When you become our client, you will have peace of mind knowing that our legal team can help you take advantage of a wide variety of resources. Please contact our office today to speak with our experienced disability attorneys.

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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.

Will Unemployment Compensation Affect My Social Security Disability Insurance Benefits

By Shelley W. Elovitz, Esquire

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.

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Filing Late For Benefits

You cannot apply for State Disability Insurance benefits until 9 days after the start of your disability, and you must apply withint 49 days from the date your disability began. Many people dont know about SDI, so they miss their chance to get benefits because they dont file by the deadline. If you do file more than 49 days after the start of your disability, include a letter telling SDI why you missed the deadline. You may be able to change the start date of your disability so you can still file your claim.

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Can I Receive Benefits If My Employer Is Going To Pay Me Vacation Sick Or Holiday Pay During My Claim

Disability and Unemployment

Vacation Pay: Yes, you can receive Disability Insurance benefits at the same time.

Sick Pay: You cannot receive DI benefits for any period that you also receive sick leave wages that are equal to your full salary. If you receive only partial sick leave wages, you may be eligible for full or partial DI benefits. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.

Other Pay: All other pay, including holiday pay, must be reported to confirm your eligibility. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.

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Unemployment Benefits Vs Disability Benefits

When you apply for unemployment benefits, you are acknowledging that you are able and ready to work if a job becomes available. The unemployment office requires individuals who receive unemployment benefits to actively seek employment. Refusing reasonable offers for jobs or failing to actively search for work is a reason to terminate your unemployment benefits.

On the other hand, when you apply for long-term disability benefits, you claim the exact opposite. Whether you are applying for Social Security disability income or applying for long-term disability benefits through a private insurance carrier, you are stating in your application that you are unable to work because of a qualifying disability.

The definition of disabled may differ slightly between government and private disability insurance. However, the common factor is that you are claiming you cannot work.

Social Security Disability Programs

State Disability Insurance benefits generally last a year or less. If you and your doctor/medical provider think that you are going to be disabled for longer than a year, you should apply for Social Security Disability Insurance , a federal disability insurance program that you pay into through payroll taxes. If youve paid into the system for a long enough period of time, you can get this benefit. SSDI requires that your disability last longer than a year, so it can pick up where SDI leaves off. If you are on SSDI and SDI at the same time, your SSDI will be reduced.

You should also consider applying for Supplemental Security Income if you expect your disability to last longer than a year, or if you havent worked long enough to get SSDI. This is a federal income program that provides a benefit for low-income people who have a disability, are blind, or are at least 65. If you get SSI and SDI at the same time, your SSI benefit goes down.

For both of these programs, you should apply right away, as claims can take more than a year to be processed.

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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.

You Can Apply For Both Ssdi And Unemployment But Be Careful

FAQ About Disability Benefits and Unemployment

As the jobs picture in many parts of Louisiana continues to be depressed due to COVID-19 closures and stay-at-home orders, many of my clients are filing for disability but have also applied for unemployment benefits.

In many of my hearings, my SSDI clients are being asked by judges if they have filed for unemployment benefits.

The issue for your disability case is this: when you file for state unemployment, you are asserting that you are ready, willing and able to work, but when you apply for disability you are stating that your medical condition prevents you from being able to work.

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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.

If You Are Claiming/receiving Unemployment Benefits And Your Disability Started More Than Four Weeks From The Last Day You Worked

Who pays benefits: New York State Special Fund for Disability Benefits

How to Apply

  • PO Box 9029 Endicott, NY 13761-9029.

IMPORTANT: Before filing your claim, be sure that you have completed and signed Part A, “Claimant’s Statement,” and your health care provider has completed and signed Part B, “Health Care Provider’s Statement.” Submit this information promptly to avoid delaying your claim. You must file your claim within 30 days after you become disabled.

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