Friday, May 27, 2022

Can You Draw Unemployment If You Have Filed For Disability

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A Eligibility For California Unemployment Insurance Benefits For Employees

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

1. What are the requirements to be able to file a claim for unemployment insurance benefits in California as a laid off employee?

To receive Unemployment Insurance benefit payments in California, you must meet all eligibility requirements when filing a claim and when certifying for benefits .

When filing for UI benefits in California, you must have earned enough wages during the base period to establish a claim, and be:

  • Totally or partially unemployed
  • Available for work
  • Ready and willing to accept work immediately

A base period is a specific 12-month term the EDD uses to see if you earned enough wages to establish a UI claim. To learn how EDD determines your base period, review How Unemployment Insurance Benefits are Computed.

Your weekly benefit amount ranges from $40 to $450, plus $600 a week in PUA benefits if you are eligible. To get an estimate of what you will receive, use the UI Benefit Calculator.

For more information about how the EDD calculates a UI claim, review the following resources:

2. What are the weekly certification requirements for unemployment benefits in California?

To receive Unemployment Insurance benefits, you must provide the EDD eligibility information every two weeks. This is known as certifying for benefits. You must also meet all weekly eligibility requirements.

For help answering the certification questions, review this EDD page:

Submit your certification using one of the following:

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.

What If I Stop Working In The Middle Of The Year

Theres a special rule for when you work part of the year but then retire. Regardless of your total earnings, youre still entitled to get Social Security checks for any month in which youve officially retired.

As an example, say you retire early at 63 and decide that youre going to quit your $200,000-per-year job at the end of June. Youd forfeit all of your benefits for the first six months of the year because of your high earnings, but, starting in July, you could still get checks for the remaining six months even though your total annual earnings were well above the annual limit.

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How Ssi Is Impacted By Unemployment Benefits

So, can you collect unemployment and disability from SSI? Similar to SSDI benefits, you might have a problem if you are claiming on your SSI application that you are unable to work yet you are applying for jobs while receiving unemployment benefits. The other consideration here is that SSI payments require you to have limited income and resources. If you receive unemployment benefits, then you might be making too much money to receive SSI benefits as well. This could present a problem for SSI beneficiaries. You should know that the Social Security Administration has access to your unemployment records, so they can stop your SSI payments if you start earning too much unemployment income.

Disability Vs Unemployment Claims

Help Wanted: Filing claims for partial unemployment

If you are filing for Social Security disability, you are stating that you have been unable to perform substantial work activity for twelve months, or that you anticipate that you’ll be unable to perform substantial work activity for at least twelve months, due to a mental and/or physical impairment. But when filing for unemployment, you are stating you are ready and available to perform work should you be able to find a job that fits your work skills.

Also Check: How Much Does Ca Disability Pay

Giving Up On Edd Because They Are Difficult To Reach

It can be frustrating trying to contact the California Employment Development Department about State Disability Insurance or Paid Family Leave because EDD staff are often extremely busy and hard to reach, but it is important to keep trying, especially if you have questions about your application or what’s happening with your benefits. EDD provides a list of ways to contact them, including online chat, phone, local offices, and by mail. You may need to try more than one way to contact EDD.

Tip: If you are contacting them by phone, the main English phone line is often busy, and you might want to call one of the non-English phone numbers — the people who answer those lines are knowledgeable about SDI and speak English in addition to the other language.Note: DB101 cannot answer questions about your SDI claim. If you have questions, please contact EDD.

What If My Disability Lasts Longer Than 52 Weeks

If your disability is expected to or does continue past one year, you may be eligible for Social Security Disability Insurance or Supplemental Security Income , depending on the type of disability and how severe it is. See our fact sheet Short-Term and Long-Term Disability Benefit Programs for more information on SSDI and SSI.

In addition, some employers provide private insurance, called Long Term Disability Insurance to their employees with long-term disabilities. If you believe you may be covered by LTD, you should contact your employer to find out about benefits and eligibility and to request a copy of the Summary Plan Description.

Recommended Reading: How Much Is Ssi Payments In California

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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What To Consider When Buying Disability Insurance

Can I draw unemployment and receive benefits at the same time?

If youre considering disability insurance, make sure you:

  • check with your employer to see if you already have group disability coverage with your employers plan
  • shop around, especially if youre considering private disability insurance

Consider group insurance offered through a union, guild, or professional or alumni association. Premiums for this type of coverage usually increase as you get older. Youll need to renew your insurance every few years.

Recommended Reading: Va Rating Calculator For Disabilities

Ssdi & Unemployment: Can You Get Both

Many people wonder, Can you get unemployment and disability? From a legal perspective, there is no law that prevents you from receiving both SSDI benefits and unemployment benefits. Receiving both benefits wont affect the amount of the other either, except in a couple of states like Minnesota and Illinois. However, from a practical standpoint, the eligibility for these two programs are fundamentally at odds with each other. To qualify for SSDI benefits, you must essentially certify that you are disabled and unable to work. However, to qualify for unemployment benefits, you must attest that you are willing and ready to work. These two positions on your employment status are in direct conflict with each other. The disclaimer here is that there are a few exceptions where you might be able to successfully receive both types of benefits.

Division Of Temporary Disability And Family Leave Insurance

  • Disability During Unemployment
  • Have an illness, injury, pregnancy or other physical or mental health condition but haven’t 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 You’re 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:

    Recommended Reading: How To Change Va Disability Direct Deposit

    Eligibility Criteria For Social Security Benefits

    If you wish to apply for Social Security benefits, youâll have to meet certain conditions. First, in order to get any kind of monthly benefit, you must have worked for at least 40 full quarters before you retire. A quarter is a three-month period during which you must have earned at least $1,470 . Once you have worked 10 years of qualifying quarters, you are eligible to apply for Social Security.

    Second, you must have reached retirement age. This threshold varies depending on the year you were born. If you wait until you reach your full retirement age before collecting your Social Security benefit, youâll qualify for the full amount of the benefit. If you wish to collect your benefit early, you can apply once you turn 62, but your Social Security benefit will be reduced by 25% for the rest of your life. If you delay collecting your Social Security payments, however, delayed retirement credits could increase the benefit that youâll receive once you do start collecting.

    G Appealing An Adverse Decision On An Unemployment Claim

    How to File for Unemployment Due To The Pandemic

    1. How do I appeal a decision from the EDD on my unemployment claim?

    You have the right to appeal the EDDs decision to reduce or deny you benefits. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Determination and/or Ruling .

    You can download the Appeal Form or use the copy included with the Notice of Determination that you receive. Mail your appeal to the return address shown on the decision notice.

    If you dont have a copy of the Appeal Form , or cannot print a copy, you can write a letter to the EDD to notify the Department that you want to appeal the decision to reduce or deny you benefits.

    If you choose to write a letter, include all of the following information:

    • Full name
    • The name and mailing address of any representative
    • The reason for your appeal
    • A copy of the decision you are appealing or the date of the decision
    • Any request for language assistance or special accommodations

    2. What happens after you file an appeal?

    The EDDs Office of Appeals will notify you of the time and location of your hearing at least 10 days in advance. An Administrative Law Judge will conduct the hearing, and give employers and claimants a chance to present their evidence.

    Note: If you live outside of California, your appeal will be conducted by phone.

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    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.

    Always Check With Your States Unemployment Office

    The rules that govern unemployment benefits vary by state, so be sure to check with your stateâs unemployment office if you have any questions. Because of the increased number of people eligible for unemployment benefits, call centers could be busy and you might find yourself on hold for a long time while trying to reach a representative by phone. You can save yourself some time by finding out if your state provides an email address or a live chat service to answer questions or by seeing if they have a list of Frequently Asked Questions on their website.

    Read Also: How Much Does Disability Pay In California

    How Much Will I Receive From Sdi

    Your benefit amount is calculated based on the amount of earnings you had in the highest-earning quarter of your base period, and is about 60-70 percent of your regular earnings. In 2018, the maximum amount of SDI you can receive is $1,216 per week. SDI payments are processed every two weeks.

    The entire amount you receive in SDI benefits from a single claim may not exceed the total amount of wages you earned during your base period.

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    Applying For Ssd While Also Applying For Other Benefits

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

    The Social Security Administration provides benefit programs to individuals who have a medical condition that render them unable to work. Because obtaining such benefits can be a lengthy and complicated process, and because nearly two-thirds of initial claims are denied, applicants should also explore other types of benefit programs that may be available. The best way to obtain all the benefits to which you may be entitled to is to consult an experienced disability attorney. It is important to understand what your rights are, including the right to collect other benefits and whether any offset may apply so that you can make an informed decision that is best for you.

    At Disability Law Group, we know that being unable to work can be an overwhelming physical, emotional and financial burden for both you and your family. We routinely help clients who are seeking disability benefits under the Social Security Disability Insurance and Supplemental Security Income programs. We talk to individuals every day who are not aware that they can take advantage of other benefits while applying for SSDI or SSI. It is important to remember that you will not be turned down for Social Security disability benefits if you are collecting other types of benefits. When you become our client, we will take the time to explain all of your rights and help you obtain all the benefits you deserve.

    Recommended Reading: How To Calculate Disability Retirement Pay

    How Long Will I Receive Sdi

    You will receive SDI benefits for as long as you remain disabled, as defined, up to a maximum of 52 weeks. However, in some cases a person who is otherwise qualified might not receive a full year of SDI because they do not have enough money in their account for a full year of benefits. You will receive a statement from the EDD when you apply telling you how much money is in your reserve account.

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    Applying For Disability While Collecting Unemployment

    With the Coronavirus having a giant impact on the American and world economy, many new people are applying for unemployment. According to the Washington Post, already 3.3 new Americans filed for unemployment benefits last week.

    With no end in sight, nobody is quite sure the ultimate impact the Coronavirus will have on job losses or the Unemployment numbers. This economic volatility has led to questions from current or perspective clients regarding whether they are actually able to apply for Social Security Disability benefits while receiving Unemployment at the same time. That question and further analysis will be discussed below.

    In short, YES you can apply for Social Security Disability benefits while also receiving Unemployment. Although there have been legislative proposals to ban the receipt of Unemployment while applying for Disability, none have been passed.

    Although the short answer is YES, the long answer is that it can be problematic to receive Unemployment while applying for Disability. With Unemployment, you are telling the state government that you are ready, willing, and able to work on a full-time basis.With Disability, you are telling the federal government that you are unable to maintain full-time employment for a minimum of 12 months due to an impairment or combination of impairments.

    Recommended Reading: How To Increase Va Disability From 80 To 100

    Ei Special Benefits For Self

    Self-employed Canadians can now apply for EI special benefits if they are registered with the Canada Employment Insurance Commission for access to the EI program.

    For more information or to see if you qualify, visit the Service Canada website or call 1 800 O-Canada . If you have a hearing or speech impairment and use a teletypewriter , call 1-800-926-9105.

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

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    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.

    Also Check: How Much Does Disability Pay In California

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