Can You Get Unemployment and Disability at the Same Time?

Posted on November 13, 2018 by cjblog

If you are unable to work, you may be wondering whether can you get unemployment and disability at the same time. The answer? Rarely. However, there are some eligibility requirements that may occasionally overlap. At CJ Henry Law Firm, PLLC, we can answer your questions as well as walk you through the long term disability claim process so that you can continue with your life. Call us today to learn more.

Eligibility for Unemployment

In order to receive unemployment, you typically must claim that you are able to work. In Florida, you may file an application for unemployment benefits with the Florida Department of Economic Opportunity. Part of that application includes a claim that you think you can work. You must be considered “ready, willing, and able to work” in order to obtain unemployment. Additionally, you must have lost your job due to no fault of your own. These requirements determine your eligibility for unemployment.

When considering whether you can collect unemployment and disability at the same time, you should first consider whether you are eligible for unemployment. You may have to answer questions about your availability to work and ability to perform job tasks.

Eligibility for Disability

Whether you are seeking short term disability (STD), long term disability (LTD), or Social Security Disability (SSD), eligibility includes admission that you are unable to work. Some STD and LTD policies allow you to make the claim that you are unable to work your specific job, but others require an overall claim that you are unable to work any job. SSD does allow you to work some, but excludes anyone who has substantial gainful employment, or significant work.

If you are only able to work brief hours or you can no longer work your own job, you may still qualify for disability. It’s best to consult an attorney who can evaluate your situation when applying for disability. Your STD and LTD policies may be different from what you expect. Legal knowledge can help when applying for disability.

When Can You Get Unemployment and Disability?

Because unemployment requires a claim that you are able to work and disability generally requires a claim that you cannot work, it is very rare to be able to get both at the same time. Situations where you may get both at the same time include the following:

  • You are able to do some work that is not similar to previous work you have done.
  • Your work does not rise to the level of substantial gainful activity.

A long term disability attorney can help you determine whether you meet these eligibility requirements.

Can You Get Unemployment and Disability Consecutively?

Although it is difficult to obtain unemployment and disability at the same time, can you get unemployment and disability consecutively? Meaning can you get one right after another?

In most cases, yes. You can receive unemployment and then become unable to work and obtain disability. Similarly, you can receive disability and then become able to work again and receive unemployment.

If you are currently receiving unemployment, but you have a disability policy, then you can file a claim for disability. Some disability policies are provided through an employer. If your disability policy was through your employer, then you may no longer be covered by the policy if you were terminated and are now receiving unemployment. However, some disability policies extend for a period after employment, so you may still qualify. If you have an independent disability policy, then you may be able to make a claim when you become unable to work. At that point, you will also have to inform the unemployment office that you are no longer “ready, willing, and able” to work. If you are seeking SSD, then you may qualify when your ability to work drops below a certain amount.

If you are currently receiving disability benefits and become able to work, but your former employer no longer has a position for you, then you may be able to obtain unemployment benefits. When considering can you get unemployment and disability, you should evaluate your ability to work and whether your employer can provide work for you. Once you become able to work again, you will have to notify your disability insurance provider of your status. This often requires notification from your doctor of your abilities.

A Long Term Disability Lawyer Can Help

Eligibility requirements for both unemployment and disability can be confusing. We can help you learn about your options, as well as advise you of what steps to take next. Call CJ Henry Law Firm, PLLC today for a consultation.

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