Disability and Unemployment: What Happens If You’re Terminated?

The law can often seem complicated – especially when you’re trying to distinguish between laws that apply to various types of benefits. Sometimes, trying to understand whether you can receive disability benefits, unemployment benefits, or both after being terminated from a job can seem confusing. That’s understandable. Often, people wonder whether they can collect unemployment if terminated while on disability. It’s an important question to ask. Let’s take a closer look at your rights and options together.

What Types of Social Security Disability Benefits Are Available?

Disabled individuals often have multiple options for seeking disability benefits. The first is to seek disability benefits from the Social Security Administration. The Social Security Administration offers two types of benefits depending upon an applicant’s particular circumstances. These include:

• Social Security Disability Insurance (SSDI): SSDI benefits are intended for individuals who are “insured.” To the Social Security Administration, being “insured” means that an applicant worked a job for a sufficient time through which they regularly paid a portion of their salary in employment taxes into the Social Security system.
• Supplemental Security Income (SSI): To qualify for SSI benefits, applicants do not need to be “insured.” Instead, they must have income and resources below a certain limit established annually by the Social Security Administration.

Regardless of the type of benefit an applicant seeks, they must meet two additional criteria to be approved for Social Security disability benefits. These include:

• A Qualifying Medical Condition: To determine if a particular medical condition qualifies for disability benefits, the Social Security Administration will often consult its Blue Book, which is a listing of conditions and their accompanying symptoms. If a particular condition is not explicitly listed in the Blue Book, an applicant may still qualify for benefits, but additional medical proof may be necessary.
• An Inability to Work: In addition to having a qualifying medical condition, an applicant must also be able to provide proof that the condition has rendered them disabled for at least one continuous calendar year or more.

If you meet these criteria, you may consider pursuing one or both types of benefits depending on your particular circumstances. Consulting with an attorney regarding your specific situation is always advised.

Private Social Security Disability Insurance Benefits

Sometimes, disabled individuals also have privately held insurance policies, that provide disability benefits in the event of short or long-term disability. These policies can either be obtained independently, or through an employer. Because these benefits are paid by a wide variety of companies and policies, the terms can often differ significantly from one policy to another. Generally, short-term disability policies often pertain to conditions that last less than a year, while long-term disability policies are intended for conditions that last longer. Amounts paid under these policies can also depend upon various factors.

What are the Criteria for Receiving Unemployment Benefits?

As a general rule, to be eligible to collect unemployment, you must meet the following criteria:

• You must be available to work and able to perform the work required.
• You must be actively looking for work.
• You were terminated through no fault of your own.

Those who meet these criteria usually have a good chance of being approved for unemployment benefits – although consultation with an attorney regarding your particular situation and potential eligibility is always helpful.

Can You Collect Both Benefits Simultaneously?

Usually, those who are receiving disability benefits are receiving those benefits because they are unable to work. To receive unemployment benefits, however, an individual must show the ability and the willingness to work. For that reason, those receiving disability cannot usually collect unemployment benefits at the same time as Social Security disability benefits.

Insofar as short-term and long-term disability from private or employer-funded policies is concerned, the answer to this question may vary. In some cases, an individual may attempt to collect unemployment if terminated while on disability – although this is not necessarily advised. In some cases, any unemployment benefits received may be considered deductible income under a short-term or long-term disability policy, which would essentially negate any benefit of collecting both.

Understandably, the rules pertaining to various policies and procedures can be confusing. That’s why you need a legal team on your side who can help. At Disability Experts, we’re here for you.

Call Disability Experts Today

If you struggle with a disability, the last thing you need is to add legal worries to your list of concerns. You don’t need to wonder how you’ll pursue the disability benefits you need and deserve or if you’re doing all you can to assert your rights fully. The good news is, you don’t have to. Instead, you can leave those matters to us, knowing that you’re putting your case in good hands when you do. Our talented and experienced team of disability attorneys knows and understands the law, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to get started, we’re here for you. Give us a call today. We look forward to speaking with you soon.