Can I Collect Unemployment If I’m Terminated While on Disability?

Do you struggle with a difficult and disabling condition? Have you recently been terminated from your job? Answering yes to one of these questions would be frustrating, but answering yes to both may feel overwhelming. If you find yourself in this situation, you may be increasingly worried and anxious about being unable to pay your bills and provide for yourself and those you love. You may wonder whether or not you should seek unemployment benefits, disability benefits, or both – and if it’s possible to collect both benefits at the same time. These are reasonable and understandable questions to ask. Let’s take a closer look at the law together.

What Are Unemployment Benefits?

Unemployment benefits are intended to provide temporary financial assistance to workers who have lost their jobs through no fault of their own. While each state has its own specific guidelines and requirements for eligibility, as a general rule, those seeking unemployment benefits must:

• Have lost their job for reasons that are not their fault. These are often situations in which workers are laid off due to a lack of available work.
• Satisfy the necessary wage and work requirements. Most states base benefits on what is referred to as a “base period.” This is a period during which the state assesses wages earned by a worker over a specified period. In many states, this is the first four of the last five calendar quarters completed before the claim for benefits is filed.
• Satisfy any additional state requirements. You can find details regarding your state’s particular requirements here.

It is essential to understand that, in all 50 states, the law also requires that an applicant for benefits be physically capable of working and actively seeking work. In light of this requirement, as a general rule, those who are unable to work as a result of a disability will not be able to collect unemployment benefits.

What Types of Disability Benefits May be Affected?

Generally, those who cannot show they are ready to work and actively seeking work will not be able to collect unemployment benefits – but this situation could change quickly for those receiving only short-term disability benefits. Sometimes, a condition can be severely disabling but may resolve in a reasonably short time. In those cases, individuals who are terminated while on short-term disability leave may be able to seek unemployment benefits after they have recovered from their disability.

Those who are terminated while on long-term disability, however, will likely not be able to do so. This is because those who are receiving long-term disability benefits have a more long-term or permanent medical condition from which they will likely not recover sufficiently to return to work.

The same is generally true for those who are receiving Social Security disability benefits. Regardless of whether you receive Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits or both, the Social Security Administration requires that the condition for which benefits are awarded last for at least one continuous calendar year or more. As a result, collecting unemployment and Social Security disability benefits at the same time is unlikely.

Understandably, it may feel disappointing to realize that you will likely be unable to collect unemployment and disability at the same time. Being disabled can be challenging in many ways, including from a financial perspective. While you unfortunately can’t change the law, what you can do if you find yourself in this situation is to present your claim for the benefits you are seeking in the best possible light. This will mean finding and retaining legal counsel who can review your case and help you to do exactly that.

American Disability Action Group – Here For You

If you find yourself in a situation where you are unable to work as a result of a disability, you probably have plenty of worries on your mind. The last thing you need is to add concerns about complex legal matters to your list. If you find yourself uncertain about whether you should seek unemployment benefits, disability benefits, or both, the good news is you don’t have to figure it out on your own. Instead, you can call us.

At American Disability Action Group, our team of attorneys knows and understands the law pertaining to these benefits, and we can help you sort through your situation and determine the best course of action. If you are ready to get started today, we would welcome the opportunity to speak with you and learn your story. We will be able to let you know how we can help and hopefully provide peace of mind during a difficult time. If you’re ready to get started today, give us a call. We look forward to speaking with you soon.

Sources

• Unemployment Benefits – General Information: https://www.dol.gov/general/topic/unemployment-insurance
• Social Security Disability Benefits: https://www.ssa.gov/disability