Can I receive unemployment benefits after disability?

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PostPosted: Mon Oct 04, 2010 11:22 am   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.



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PostPosted: Mon Oct 04, 2010 9:19 pm   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.


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PostPosted: Wed Oct 06, 2010 10:40 am   Post subject:   

Quote:
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.


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PostPosted: Wed Oct 06, 2010 12:11 pm   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.


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PostPosted: Mon Oct 11, 2010 8:15 pm   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.


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PostPosted: Mon Oct 11, 2010 9:06 pm   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.



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PostPosted: Thu Dec 16, 2010 9:38 am   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?


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PostPosted: Thu Dec 16, 2010 11:37 am   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.



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PostPosted: Thu Apr 07, 2011 4:44 am   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?


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PostPosted: Mon Jun 27, 2011 11:26 pm   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 Rolling EyesRolling Eyes


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PostPosted: Mon Feb 13, 2012 12:33 pm   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.


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    PostPosted: Mon Feb 13, 2012 3:48 pm   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

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    PostPosted: Wed Apr 11, 2012 9:30 pm   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?


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    PostPosted: Thu Apr 12, 2012 12:11 am   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."



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    PostPosted: Tue May 15, 2012 1:03 pm   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?


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