Can I receive unemployment benefits after disability?

Submitted by _3 on Thu, 01/01/2009 - 17:10

Some of the old discussions on the same topic may help you in understanding your position. Here are the links to those

http://www.ampminsure.org/disability/unemployment-benefits.html
http://www.ampminsure.org/unemployment-benefit.html

Posted: 02 Jan 2009 09:44 Post Subject:

Hi!!

You can't receive both the temporary disability and unemployment benefits at the same time. Now, if you become disabled while receiving unemployment, you should immediately inform the unemployment authority and at the same time apply for the disability benefits.

However, once you have exhausted the TDI benefits, you are required to enroll with the department's career center to get job assistance. You may also apply for the UI benefits. And till the time you don't get a suitable job options, you may continue receiving the benefits from the unemployment insurance.

Posted: 02 May 2010 08:17 Post Subject: unemployment and being disabled

I am legally blind but still working. If I loose my job can I also collect unemployment benefits along with my disability while I look for another job?

Posted: 03 May 2010 11:08 Post Subject:

Disability income insurance benefits are usually "integrated" with other benefits, including unemployment insurance. This simply means that if it is possible to collect multiple benefits at the same time, they will all work together so that what ever benefits you receive, the total will not be more than the one benefit that would provide you the most amount of income by itself.

The idea is to make sure you are not "profiting" as the result of being insured.

Posted: 10 Jun 2010 12:27 Post Subject: Disability Insurance

If just started receiving unemployment insurance and find out you need surgery and can not work for 2 months can you received unemployment insurance and disability insurance at the same time

Posted: 10 Jun 2010 02:23 Post Subject:

NO YOU CANNOT! Perhaps you have not read any of the previous posts in which I and others have remarked that the two benefits are mutually exclusive.

To be eligible for UNEMPLOYMENT insurance benefits, one must be ABLE TO, AND ACTIVELY LOOKING FOR, WORK. If you are disabled, then you cannot work, which makes you ineligible for UNEMPLOYMENT benefits.

If you become DISABLED while collecting unemployment benefits, you must NOTIFY the unemployment agency. You may be eligible for a disability income benefit from another state program or private insurance.

When you are no longer disabled and released to return to work, then you may be eligible to restart your remaining unemployment benefit.

Posted: 11 Jun 2010 12:10 Post Subject:

It's wonderful to know that we could be eligible for a different state program. How do we go about it?
Also, please explain regarding who we'd need to approach in order to enjoy the remaining unemployment benefit once we return for work.

Posted: 11 Jun 2010 04:49 Post Subject:

Programs vary significantly from one state to another. For information of your state's programs for disabled and unemployed workers, I would suggest starting with the state agency that oversees those issues, such as the Labor Dept or Labor Board, whatever it may be called.

In California, both unemployment and state disability insurance programs are monitored through the Employee Development Department (EDD). This facilitates transitioning between the two programs when necessary.

Posted: 10 Jul 2010 03:14 Post Subject: UI

I got 1 year SDI for cancer, and now I am back to work for 3 wks and got lay off. Do I qualify for UI. I am living in CA.

Posted: 10 Jul 2010 09:30 Post Subject:

Your UI benefit will be based on prior earnings. If you had no earnings in the entire year prior to filing for UI, you may not qualify for much or anything. Contact EDD for more information.

www.edd.ca.gov

Posted: 23 Aug 2010 04:23 Post Subject: Harry situation

I have been working for the same company for around 10 years. Mind you I have a family of 5 to take care of too. I had been dealing with this disability for about 4 of the years working for the company because of job place meant. I was a sop Supervisor-4 months ago I was brought to the office and told that I would be taking a demotion and it would be a labor intense work with about 40 % of my salary cut and I have had no raises in the past 3 years. because of my current condition"which is considered a lifetime disability illness. I went ahead and too the 12 weeks of fmls that my company offered-It was eith that or I would have to quit. I have applied for social security-but from what I was told today I would have to wait another 190 days. That will not work when providing for my family. I guess my real question would I be able to apply and get unemployment? I need some direction quick I have 3 weeks left. joecarpenter35@aol.com please anybody respond.

Posted: 07 Sep 2010 01:18 Post Subject: uemployement

I have been on disability for the last 2 years and was recently dropped from insurance, could i collect. I have worked for 23 years prior to injury.

Posted: 07 Sep 2010 02:46 Post Subject:

In order to be eligible for unemployment, you have to be ready and willing to work and seeking employment.

Based on the length of your disability you should be eligible for Social Security Disability benefits. They may not be as great as what you were receiving for the past two years, but will provide some source of money. You may also have some difficulty getting approved, but I'd encourage you to remain persistent with them.

Posted: 13 Sep 2010 03:13 Post Subject:

You may also have some difficulty getting approved, but I'd encourage you to remain persistent with them.



Statistics from the recent past have indicated that upwards of 80% of all first-time claims for Social Security Disability are denied, and that 90% of all appeals for Social Security Disability are awarded to the beneficiary. Problem is too few denials are appealed.

Posted: 03 Oct 2010 07:25 Post Subject: unemployment benefits vs accidental disability pension

Will my firefighter accidental disability pension payment, affect my Iowa unemployment benefit, since I paid into this fund?

Posted: 04 Oct 2010 11:22 Post Subject:

One needs to understand the difference between DISABILITY and UNEMPLOYMENT.

Disability means an inability to work.

Unemployment means able to work and actively seeking work.

The two concepts are mutually exclusive.

Having said that, as a firefighter, your disability pension may be based on your inability to perform the duties of a firefighter, not your complete inability to work. If that's true, then slightly different rules might apply to your situation. Those rules are known as BENEFIT INTEGRATION

Insurance is not designed or intended to provide a profit. If you are covered by more than one type of insurance for a particular risk, then the amount you are paid by two or more coverages total will not be more than the one that would provide the highest benefit on its own. They will be "integrated".

So let's say your unemployment insurance benefit would pay $500 per week. But your disability pension pays $800 per week. You are not going to collect $1300 per week -- that creates a situation that would encourage you not to work. It's called a "morale hazard". Since you cannot "disclaim" your pension, you would not collect any of the lesser unemployment insurance benefit.

On the other hand, if your unemployment insurance benefit is $500 per week, and your pension benefit is $400 per week, you would still not be paid $900 per week, for the same reason as above. But, because you will always be paid the disability pension, the amount you can be paid by unemployment insurance will be reduced by $400. The total you will be paid by both benefits combined is still $500 -- the maximum you would receive if only entitled to UI.

Unemployment insurance is NOT paid for by employees. It is paid for entirely by employers through their Federal Unemployment Tax Act (FUTA) contributions. If you paid into an Iowa state program, it would most likely be some form of short term disability income benefit. And benefits payable under that program would be integrated in the same manner as described above. You cannot collect the full value of multiple benefits combined.

An attempt to collect multiple benefits -- especially by attempting to conceal one from the others -- could result in severe consequences, which could include fines and restitution, and even spending time in jail or state prison.

Posted: 04 Oct 2010 09:19 Post Subject:

Oy! Max, you are posting more information that may be usually correct, but you are posting it as fact and it simply isn't so.

"Disability" does not mean "an inability to work". "Disability" means whatever a particular contract says that it means. It is very possible with most white collar disability policies to be able to work and to be disabled.

When it comes to disability, two coverages won't be integrated unless a contract says that they will be integrated. Ex. I have a $5000/month individual policy. I then take a job with XYZ corp with a $4000/month salary and a disability benefit of 60%. If I become disabled, I can collect $5,000/month from my individual contract + $2400/mont from my group policy.

Posted: 06 Oct 2010 10:40 Post Subject:

Having said that, as a firefighter, your disability pension may be based on your inability to perform the duties of a firefighter, not your complete inability to work.



I qualified my statement appropriately.

Maybe a dictionary definition would be helpful:

1. the condition of being unable to perform a task or function because of a physical or mental impairment

(about the same as "an inability to work")

I was not defining what constitutes a disability as far as an insurance policy is concerned, but simply trying to distinguishing between being disabled and qualifying for unemployment, which is what the question was about.

To obtain an unemployment benefit, one must be able to work and actively seeking work, and generally, when people post here about being disabled, they cannot work, and want to know if they can collect unemployment at the same time, to which the answer is NO. On that, I'm pretty sure we are in agreement.

Of course, benefit integration must be stated in a contract to apply. I have not seen one that doesn't have the provision. The OP mentions a firefighter's pension, and that could be different and not include a benefit integration clause. But most public pension plans do have something to say about integrating with Social Security, and Social Security sometimes has something to say about integrating with certain other benefit plans.

Posted: 06 Oct 2010 12:11 Post Subject:

Dictionary definitions are useless unless one is collecting on a claim from a dictionary.

It doesn't matter if what you post is "generally" correct. If you are posting something that is generally correct say that and not put it as an absolute.

Posted: 11 Oct 2010 08:15 Post Subject: UI / TDI

Hi,

I have been on TDI . MY employer just terminated me. They are not covered by FMLA ..they have < 50 employees. I was terminated because they said it "appears" that I am not coming back since they have not heard from my Doctor they have terminated me. My TDI does not run out until December although I may be released and able towork before then. Once I am released can I then apply for UI while I search for employment. AGAING I was NOT terminated for anything that I did.

Posted: 11 Oct 2010 09:06 Post Subject:

Unemployment insurance is governed under federal law and administered by the state. You'll have to fit the requirements of UI in order to obtain a benefit. This generally means having worked a certain number of weeks/months in the past 12 months or so. Your benefit would be based on your earnings in that period. So if you have had an extended period with no earnings, you might not be qualified for an UI benefit.

Your state's employment agency will have the definitive answer.

Posted: 16 Dec 2010 09:38 Post Subject:

i am currently receiving unemployment benefits but i am abount to exhaust my benefits and start my extension but have recently been diagnosed with cancer and i will be undergoing surgery what do i do? can i collect disability even though i exhausted those benefits in april 2010?

Posted: 16 Dec 2010 11:37 Post Subject:

Unemployment insurance and disability benefits, for the umpteenth time, are mutually exclusive. You can be unemployed, or you can be disabled, but you cannot be both at the same time when it comes to "public" benefits. Having a personal disability insurance policy is a different matter.

Posted: 07 Apr 2011 04:44 Post Subject: edd question

if i recieve edd now, i will have surgery soon. will i be able to get SDI? my 17 months of being out of work ends 3 days prior to surgery. will i get anything?

Posted: 27 Jun 2011 11:26 Post Subject:

i just became temporarily disabiled my job is also to end do to economics am i eligiable for unemployment as well
as temporary disability benefits :roll: :roll:

Posted: 13 Feb 2012 12:33 Post Subject: unemployment

I was injured on the job and received disability for 1 year. I settled with workerscomp and they had to pay me a lump sum and repay some of my disability. My disability ran out so can I now try for unemployment. I am now able to work again but have not been able to find a job.

    Posted: 13 Feb 2012 03:48 Post Subject:

    You must be able to work and actively look for a job to qualify for the basic perquisites of Unemployment benefits. Here is the eligibility criteria as per the State of California: http://www.edd.ca.gov/unemployment/eligibility.htm

    Posted: 11 Apr 2012 09:30 Post Subject: CA SDI

    Can i receive ca state disability if i have not worked in the last two years while receiving unemployment benefits and then became subsequently disabled while on unemployment?

    Posted: 12 Apr 2012 12:11 Post Subject:

    So which was it? You were unemployed or you were disabled? Did you report your disability to EDD or did you lie and continue to claim that you were unemployed?

    If you were disabled at any time while receiving unemployment benefits, you were no longer eligible for those benefits until you were no longer disabled. Any money collected at and after that point you were not lawfully entitled to receive, and that money should be voluntarily returned to the State to avoid criminal prosecution.

    To be eligible for UI benefits, you must certify, under penalty of perjury (a felony), that you are (1) able to work and (2) actively looking for work. If you are disabled, you are (1) unable to work and (2) would not be actively looking for work.

    You may be entitled to file a late claim for SDI benefits, but that is a determination only EDD can make. SDI has a particular look back period and a relatively short benefit period. If you have not been employed at all in the past two years, you are probably ineligible for SDI benefits at this time, unless they agree to reevaluate both your unemployment and disability periods.

    As Oliver Hardy would have said, "Well, this is another fine mess you've gotten us into."

    Posted: 15 May 2012 01:03 Post Subject: pots of benefits

    my unemployment benefits ran out and now because of a health issue my doctor is putting me on disability is there still money that pot?

    Posted: 28 May 2012 04:24 Post Subject: unemployment after sdi

    My doc put me on disabiliy for 6 months. I will be relaeased soon to go back to work, however since my disability I have moved 500 miles away. So i cant go back to the last employer.So can get unemployemnt until I find a job and if so exactly what quarter would they base it on if I signed up July 1, 2012

    Posted: 09 Dec 2012 09:33 Post Subject: undiagnosed illness

    I am going to be laid off because I am too sick to work but do not yet have a diagnosis although this has been going on for months. My boss has been very patient but I have been out of work too much. I am seeing doctors hoping to find out what it is. My question is; can I first apply for unemployment and when they find a diagnosis then apply for TDI? I live and work in Rhode Island.

    Posted: 10 Dec 2012 06:33 Post Subject:

    If laid off, when you apply for unemployment insurance benefits, you must certify that you are capable of working and actively seeking employment. If you cannot honestly make that statement, a misrepresentation is a crime for which you can be sent to jail. So you probably just need to apply for disability benefits instead. If your illness could possibly be work-related, you should file a workers' compensation claim ASAP.

    Posted: 11 Jan 2013 09:01 Post Subject: disability, unemployment benifits

    I am having carpal tunnel surgery in Feb. Now I recieve lay off notice due to budget cuts. Can I recieve disability for the 6 weeks then apply for unemployment when I recover and look for work?

    Posted: 11 Jan 2013 09:32 Post Subject:

    Yes.

    Posted: 17 Mar 2013 08:26 Post Subject: Transitioning from SDI to UI (CA)

    I was laid off in September 2012 while on personal disability leave. My SDI has now run out. Do I base the answers on my UI app on my last paycheck, or my SDI benefits?

    Posted: 18 Mar 2013 12:32 Post Subject:

    SDI benefits are not qualifying wages for unemployment insurance benefits. You did not pay any income tax on that money, which is a clue.

    Posted: 20 Apr 2013 03:00 Post Subject: are both benefits in the same pool exhaused?

    Hello, I have been out of work for 14 months for surgery. I am being told that my LTD have been exhausted does this mean my unemploymnet benefits are exhausted as well? If I could get my physician to signa a return to work note, could I start unemployment?

    Posted: 22 Apr 2013 03:24 Post Subject: disability and unemployment

    I have run out of funds with my disability,does that mean my unemployment fund has also run out? I live in Nj

    Posted: 23 Apr 2013 04:36 Post Subject:

    I have run out of funds with my disability,does that mean my unemployment fund has also run out? I live in Nj



    Disability and unemployment are completely different issues. Check with your unemployment assistance dept.


    Hello, I have been out of work for 14 months for surgery. I am being told that my LTD have been exhausted does this mean my unemploymnet benefits are exhausted as well? If I could get my physician to signa a return to work note, could I start unemployment?



    Few questions arise here:

    How long have you been working before this 14 months?
    Were you receiving any benefits?
    Are you talking about disability insurance or disability benefits?
    Was there any break of service?


    Lastly, if you get back to work and the physician permits, how could you expect unemployment benefits to continue?

    Posted: 06 Jun 2013 05:31 Post Subject: disability to unemployment

    i have been on disability for 9 months, was then laid off. Can I now collect unemployment ? Would having not worked for 9 months affect how unemployment would be paid ?

    Posted: 08 Jun 2013 10:31 Post Subject:

    If you are disabled you cannot receive unemployment insurance benefits. You must be able to work and actively seeking work to collect UI. Your UI benefit is based on your "subject wages" in the benefit determination period. A period of disability will reduce the UI benefit if the two periods overlap.

    Posted: 10 Jun 2013 03:37 Post Subject: disability/unemployment

    I am on disability. When I finish w disability and m job not available because I was gone so long, can I get unemployment?

    Posted: 10 Jun 2013 04:20 Post Subject:

    If your disability is work-related, you must be returned to the same or another position with the same pay and benefits, unless your position has been eliminated entirely. If your disability is not work-related, you may qualify for UI benefits if you are able to work and actively seeking work. Your benefit amount will be based on your "subject wages" in the benefit determination period. If you have no wages in that period, you may only qualify for a minimum benefit or might not be eligible for a UI benefit at all.

    Posted: 22 Jun 2013 05:53 Post Subject: On CA state disability for 1 year, Can I get unemployment in

    After working 30 years in a job, I was in a unjob related car accident and went on CA state disability for one year. Now will soon be ready and able to work but do not know if I will qualify after not receiving work income for so long.

    Posted: 23 Jun 2013 12:25 Post Subject:

    There are some limited exceptions which might apply in your situation. Just make an appointment to meet with someone at EDD and discuss it. No one here can give you a better answer than that, because EDD makes the final determination. If you disagree, you may appeal, and an Admin Law Judge will decide.

    Posted: 11 Sep 2013 06:15 Post Subject: Enployment Insurance

    I have a life time disability, but have been able to work in the past, I was recently fired from my job, but even though I was fired for cause, I able to collect disability because the treatment I recieved on the job affected my disability.

    I want to know if I was put on disability for three months, can I qaulify for employment insurance after the three month period ends and I am able to work.

    Posted: 11 Sep 2013 06:30 Post Subject:

    If you are able to work and actively seeking work, then you might qualify for Unemployment Insurance benefits. You must have "subject wages" in the required time period prior to your claim (generally the four calendar quarters prior to the quarter in which your claim is filed -- so if you file a claim in October-December 2013, your qualifying wages would be those in the October 1, 2012 - September 30, 2013 period. If you file in September 2013, your wage period would be July 1, 2012 to June 30, 2013). Disability income benefits do not count as subject wages.

    Posted: 04 Jul 2014 10:12 Post Subject:

    Yes, you can apply for unemployment, once you can medically cleared to return to work. To collect unemployment you must be able to work.

    Posted: 03 Apr 2015 12:08 Post Subject: Surgery while unemployed

    I will be applying for UI benefits in April,2015 due to store closing. If I'm told I have to have surgery in May,2015, will I still be able to collect my UI?

    Posted: 10 Apr 2015 02:16 Post Subject:

    will I still be able to collect my UI?

    To collect an Unemployment Insurance benefit, two things must be true:

    1. You must be able to work

    AND

    2. You must be actively seeking work.

    If you are disabled and cannot work or look for work, then you are not entitled to a benefit during that period of time. When your disability ends, you may become eligible for Unemployment Insurance benefits again.

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