If you are unable to work, you may be wondering if you are eligible for both unemployment and disability benefits. The answer? Rarely. Yet, some eligibility requirements may occasionally overlap.
In order to receive unemployment, you must claim to be unable 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 states you are able to work. You must be considered “ready, willing, and able to work” to obtain unemployment, according to the language used in the application. In addition to this, you must have lost your job due to no fault of your own. These requirements determine your eligibility for unemployment.
When determining whether you can simultaneously collect unemployment and disability, find out whether you are eligible for unemployment to begin with. You may have to answer questions about your availability to work and ability to perform job tasks.
Whether you are seeking short-term disability (STD), long-term disability (LTD), or Social Security Disability (SSD), eligibility includes acknowledging that you are unable to work. Some STD and LTD policies allow you to claim that you are unable to work your specific job, whereas 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, that is, “significant” work.
If you are only able to work a few hours or can no longer work your own job, you may still qualify for disability. However, it’s best to consult an individual disability insurance claim lawyer who can evaluate your specific situation. Be aware that your STD and LTD policies may turn out to be considerably different from your expectations. Legal knowledge can help when applying for disability.
Because unemployment requires a claim that you are able to work and disability generally requires a claim that you cannot work, it is uncommon to be able to receive both simultaneously. Situations where you may get both at the same time include the following:
A long-term disability lawyer can help you determine whether you meet these eligibility requirements.
Although it is difficult to receive unemployment and disability simultaneously, can you get unemployment and disability consecutively, or one right after another?
In most cases, yes, you can receive unemployment and then become unable to work and receive disability. Similarly, you can receive disability and then become able to work again and receive unemployment.
If you are currently receiving unemployment but have a disability policy, you can file a disability claim. 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, 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, you may be able to obtain unemployment benefits. When considering whether you can receive 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.
Eligibility requirements for both unemployment and disability can be confusing. At CJ Henry Law Firm, PLLC, we can answer questions surrounding simultaneously receiving unemployment and disability benefits, as well as walk you through the long-term disability claim process so that you can continue on with your life. Based in Ocala, FL, we can help you learn about your options, as well as advise you on what steps to take next. The next time you search “long term disability lawyer near me” in Google, call on CJ Henry Law Firm, PLLC for a consultation.
