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.
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.
Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
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Can I Apply For Unemployment & Long Term Disability
COVID-19 has impacted all areas of our lives, including our employment opportunities. Millions of people are out of work because of coronavirus-related issues. Some individuals developed the virus and could not work for an extended period. Other individuals have lost their jobs because of the pandemic. The unemployment rate in the United States increased from 3.8 percent in February to 13 percent in May. Over 14 million people were out of work.
Many people filed for unemployment. However, some individuals who became ill might have applied for disability benefits. Unfortunately, applying for unemployment benefits and long-term disability benefits at the same time could result in both applications being denied.
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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What If I Attempt To Return To Work But I End Up Needing To Go Out On Disability Again
If you return to work and are able to perform your regular or customary job for more than 60 days, then your disability benefit period is considered ended. If you stop working again due to disability, you must file a new claim for SDI, and re-establish your eligibility for benefits as of the date of the new claim. If you are eligible for SDI as of the date of your new claim, you are entitled to a new benefit period of up to 52 weeks.
If you return to work for more than 60 days, but do not perform your regular or customary work due to your disability for example, you work only light duty or only part-time you may be able to continue your prior disability claim. You will need to show EDD that you did not perform your regular or customary work when you attempted to return to work.
If you return to work for fewer than 60 days, and stop working due to the same disability, you are considered to be within the same disability benefits period. You may continue receiving benefits under your original claim and the 7-day waiting period required by these claims will be waived.
Applying For Disability While Receiving Unemployment
One of the most commonly asked questions among those who are out of work and disabled is whether or not they can receive both unemployment benefits and Social Security disability benefits. While there is not a specific regulation with the Social Security Administration regarding receiving unemployment benefits while applying for Social Security disability benefits, its generally not a good idea.
Social Security disability benefits are overseen by the SSA, a department of the federal government. Unemployment benefits, while they are mandated by federal law, are overseen by state governments. The laws regarding unemployment benefits and who can receive them vary from state to state.
Most states require a person to be available for full time work and capable of performing full time work in order to qualify for unemployment benefits. Typically, before you can be approved for unemployment benefits, you will need to attest that you are capable of working full time.
The problem becomes readily apparent to most. Obviously, you cant be ready, willing, and able to accept full time work and completely unable to perform any work for which you are qualified due to a disability at the same time. Making conflicting claims like this is unlikely to gain you disability benefits. If anything, you might lose your unemployment benefits and face legal trouble and the possibility of having to reimburse the government what it has paid you.
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Other Resources Available For Disability Benefits Claimants
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.
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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Can I Be Disabled And Looking For Work
The key issue at stake is that if you allege disability, to be successful you must prove you cannot do work of any kind. But, if you file for and are receiving unemployment benefits, you are attesting to the fact that you are actively looking for work.
This can be confusing but is not something that typically presents a problem for our claimants. It is not unusual for disabled individuals to lose their job and to attempt to return to the workforce. Along the way, their medical condition continues to deteriorate and many find it impossible to get another job.
This is particular true during a period of unprecedented economic disruption like what weve experienced with Covid-19. Therefore, although Social Security will be aware that you received unemployment benefits in the past, in our experience, that has little bearing on your future qualifications relating to disability programs. The Social Security Administration will look at the same qualifying factors for SSDI or SSI no matter if you have received unemployment benefits in the past or not.
In our experience, some Judges may bring unemployment up in broader conversations about an individuals working history during a hearing. But, thats why its important to have a qualified disability lawyer representing you throughout your claim so they can provide needed context and background on the larger picture.
Should You Choose Unemployment Insurance Or Ssd
When you file for unemployment benefits, you are communicating to the state employment commission that you are ready and willing to work as soon as you find a position that fits your skills, experience and education. While the Social Security Administration does not prohibit a person who is applying for disability benefits from receiving unemployment benefits, but it does send a conflicting message.
When you apply for Social Security Disability Insurance benefits, you are telling the SSA that you are disabled and unable to work and generate substantial gainful activity , which in 2017 is $1170 a month for the non-blind.
If you are indeed ready and willing to work, you are not disabled. If you are collecting unemployment while you are waiting on your disability claim and your case comes before an Administrative Law Judge, they can take that fact into consideration when they are deciding on your disability case.
An additional complication is that you are required to notify the employment commission if you apply for disability benefits while you are receiving unemployment benefits. If you do not notify them, when they find out that you have applied for or are receiving disability benefits, your unemployment benefits may be terminated and you may be required to pay them back for the benefits you have been paid.
Can I Apply For Disability While Im Receiving Unemployment Benefits
March 11, 2021 by Andrew Price
The Federal government announced a new stimulus bill this week which extends federal unemployment benefits for workers displaced by the Covid-19 pandemic through September. This federal boost to North Carolinas existing unemployment benefits has now been in place for over a year and may impact disability claimants.
The Ssdi Ticket To Work Program
If you are already receiving SSDI benefits and you believe that you may be able to work despite your disability, you can join the SSA Ticket to Work Program .
Entry into the TWP will allow you to work for at least nine months while retaining full SSDI benefits. If you work for at least six months but are laid off, you are eligible to collect unemployment and disability benefits at the same time.
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Are There Exceptions To The Rule
As with most things, there are certain exceptions to the rule. For example, an individual might have lost their job and be receiving unemployment benefits, and then become disabled. These individuals might continue to collect unemployment while applying for disability benefits. In other unique circumstances, an individual over the age of fifty might have a disability that prevents them from keeping their previous job, and yet may still be capable of performing other work for which they have not been trained.
Still, these circumstances are rare. In fact, a 2012 report from the Government Accountability Office showed that fewer than one percent of SSDI beneficiaries also receive unemployment insurance benefits at the same time.
How Much Work Do You Need
In addition to meeting our definition of disability, you must have worked long enough and recently enough under Social Security to qualify for disability benefits.
Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.
The amount needed for a work credit changes from year to year. In 2021, for example, you earn one credit for each $1,470 in wages or self-employment income. When you’ve earned $5,880, you’ve earned your four credits for the year.
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
For more information on whether you qualify, refer to How You Earn Credits.
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.
I Have Some Vacation And Sick Days May I Use My Vacation Or Sick Days At The Same Time I Receive Sdi
You may receive vacation pay and SDI at the same time.
You may not receive full sick pay and SDI at the same time. You may receive partial sick pay to cover some or all of the difference between SDI and your full wages. If you are uncertain, you should report to EDD any pay you receive from your employer.
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The Discretion Of Disability And Unemployment Examiners And Administrative Law Judges
Can you collect unemployment and social security disability benefits by relying on persuasive advocacy in front of an examiner or an administrative law judge?
It is certainly possible.
After all, some of the foregoing loopholes rely on legal interpretations that have never before been tested in court.
In cases such as these, administrative law judges enjoy broad discretion in agreeing or disagreeing that you can collect unemployment and social security disability simultaneously.
Even if the interpretation of the law that you are advancing appears to be supported by precedent , an administrative law judge enjoys a certain amount of discretion in interpreting the meaning of these cases, and he may disagree with your conclusion that you can collect unemployment and disability. Different judges may view your argument in different ways.
Ultimately, the persuasive abilities of your lawyer can be critically important.
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.
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Not Having Paid Into Sdi Or Not Having Earned Enough In Your Base Period
In addition to having a non-work-related injury or illness, to get SDI benefits:
- If youre an employee, you must have had California SDI taxes taken out of your paychecks, and you must have earned at least $300 in your base period .
- If youre an independent contractor or business owner, you must have paid into Elective Coverage for at least 6 months.
If you have not paid California SDI taxes during the base period, you do not qualify for SDI.
Example: For the last three years, youve been working for a company in Phoenix, Arizona. Three months ago, you got a promotion and were transferred to their office in San Diego. Since working in the San Diego office, 1.2% of your pay has gone to SDI. However, you dont qualify for SDI yet, because during your base period, you lived in Arizona and werent paying into SDI.
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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.
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