I am Collecting unemployment in the state of OR. due to bein

by judy_koch » Mon Apr 13, 2009 05:34 pm

I am collecting unemployment benefits in oregon due to lay off. I now need surgery on my back. Can I still claim unemployment ? or can I change to a disability claim?

Total Comments: 65

Posted: Tue Apr 14, 2009 01:19 am Post Subject:

Hi Judy,

I'm in Oregon, too.

What entity are you contemplating filing a disability claim with? That will help me clarify any answer I can give you.

InsTeacher 8)

Posted: Tue Apr 14, 2009 05:19 am Post Subject: well

If you need some recovery time after your surgery, you should be elegible for short term disability, Disability will not stop your unemployment benefits.

Posted: Tue Apr 14, 2009 09:57 am Post Subject:

Hey, can one collect both disability and unemployment at the same time? Justin, can you clarify it for me? Is it allowed in every state? All I know is that qualifying for one disqualifies you for the other benefits automatically. A private disability policy might not interfere with the unemployment benefits, but IMO the state benefits definitely would...am I wrong in what I know?

Posted: Tue Apr 14, 2009 11:15 pm Post Subject:

OK...in just about every situation, in order to collect disability insurance you must have suffered a loss of earned income! Since the OP is unemployed, there is no loss of earned income.

Where is everybody getting the information that simply because you are disabled you are going to get free money from the state? There are no "state disability" funds except in the states of California, Hawaii, New York, New Jersey, Rhode Island and Puerto Rico, and these are for short-term DI only. Where is this coming from? The qualifiers to get the state STD coverage is onerous, and assumes that you have been working just prior to the disability. I didn't get that notion from the OP.

There is, of course, Social Security Disability Income, but good luck on that one!

InsTeacher 8)

Posted: Wed Apr 15, 2009 10:28 am Post Subject:

Hi Teacher, what are the different sources to offer disability benefits to a laid-off employee? I used to think that one may either has to seek benefits from the state fund or if he has a private disability policy can receive compensation from it. It'd be a great help if you can impart this knowledge to the community.

Posted: Thu Apr 16, 2009 11:01 pm Post Subject:

"State Disability" funds are not commonly found. Only 4 states + Puerto Rico have any semblance of STD for disabled employees as previously mentioned, and each of them require that a person meet certain metrics in order to qualify.

Your individual DI policy will NOT PAY YOU if you have NOT SUFFERED A LOSS OF EARNED INCOME! In other words, if you're unemployed when your disability occurs, you are not suffering a loss of that earned income as you HAVE NO INCOME IF UNEMPLOYED.

DI policies are there to cover you for a loss of earned income if you are UNABLE TO WORK AT YOUR JOB due to a covered disability. There are many different variations and definitions on disability income policies, but the commonality is the loss of earned income.

Does this help?

InsTeacher 8)

Posted: Fri Apr 17, 2009 08:54 am Post Subject:

So, if someone gets disabled when receiving unemployment he'd not qualify for the disability benefits since there is no income loss to document, but he would keep receiving his unemployment benefits even then, right?

Posted: Wed May 13, 2009 09:09 pm Post Subject: unemployed with disability income policy

I have had a disability income for over 25 years. I am not working. If I becamd disabled would this policy pay me any income since I am unemployed and not receiving unemployment insurance?

Posted: Thu May 14, 2009 12:33 am Post Subject:

Uemployment insurance, in most states, is reserved for those that are actively looking for and able to work. Therefore, if you are unable to work and already disabled...you are not becoming unemployed and are not eligible to receive unemployment benefits.

Unemployment is designed to help pay for the bare essentials while a person gets back on their feet after being laid off, let go, or whatever. However, I see way too many cases of people that quit their job and still get awarded unemployment. Then they sit at home and collect their check with no intention of finding a job until their time is up.

Please tell me this is not the NEW american dream!

Posted: Thu May 14, 2009 01:32 am Post Subject:

Thanks you cleared that up well Chris. Lots of people think both benefits are available but with unemployment you can not be recieving disability. They are two entire different p[rograms and for two entirely different problems. If the original posters back problems can be traced back to her employment then she may be able to get workers compensation but then she could not get either of the others. Of course workers compensation pays more than the other two. It gives you80% of your wages where as unemployment gives 50%. The disability I am unsure of.

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