My Doctor ordered me to be off from work for about 6 weeks unitl further test were needed. Being that I only work pt. My employer told me that I was not allowed FMLA. and I was discharged from my positon.
Can I collect unemployment while my disability is in the process?. I also told Disabilty that I was able to work PT.When I filed the papers with Disability I was working PT.
With all due respect to my colleague, I must quibble. It is official Social Security Administration policy that pursuit of Social Security Disability and unemployment compensation benefits at the same time are not per se incompatible.
The agency's Chief Administrative Law Judge published a memo which was issued as a second statement of this policy on August 9, 2010 - regarding how Social Security should treat applications for individuals receiving unemployment benefits. (see: http://www.socialsecurityinsider.com/wp-content/uploads/nosscr-nov-2007-unemployment-insurance-memo.pdf.) So, applying for, or receiving, unemployment benefits does not prevent you from getting Social Security, BUT it is a factor Social Security considers in deciding your case.
Date: August 9, 2010 Refer To: 10-1258
To: All Administrative Law Judges
From: Frank A. Cristaudo, Chief Administrative Law Judge
Subject: Receipt of Unemployment Insurance Benefits by Claimant Applying for Disability Benefits - REMINDER
This is a reminder of the policy concerning receipt of unemployment insurance benefits. Receipt of unemployment benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be considered in determining whether the claimant is disabled. See 20 CFR 404.1512(b) and 416.912(b).
In considering claims of individuals who have applied for unemployment benefits, Administrative Law Judges (ALJs) should be mindful of the principles discussed in Social Security Ruling 00-1c, which incorporates Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999). In that case, the Supreme Court held, in a unanimous decision, that a claim for Social Security disability benefits is often consistent with a claim for relief under the Americans with Disabilities Act (ADA) even though there must be an ability to work in order to obtain relief under the ADA. The Court noted that, under the presumptions embodied in our five-step sequential evaluation process, a person can qualify for Social Security disability benefits even though he or she remains capable of performing some work. Similar logic applies to applications for unemployment benefits.
In addition, it is often uncertain whether we will find a person who applies for unemployment benefits ultimately to be disabled under our rules, and our decision making process can be quite lengthy. Therefore, it is SSA’s position that individuals need not choose between applying for unemployment insurance and Social Security disability benefits.
However, application for unemployment benefits is evidence that the ALJ must consider together with all of the medical and other evidence. Often, the underlying circumstances will be of greater relevance than the mere application for and receipt of the benefits. For instance, the fact that a person has, during his or her alleged period of disability, sought employment at jobs with physical demands in excess of the person’s alleged limitations would be a relevant factor that an ALl should take into account, particularly if the ALJ inquired about an explanation for this apparent inconsistency.
Accordingly, ALJs should look at the totality of the circumstances in determining the significance of the application for unemployment benefits and related efforts to obtain employment.
Yes, if you are otherwise eligible for unemployment benefits the fact that you previously had filed for Social Security disability benefits does not preclude you from receiving unemployment benefits. Social Security disability benefits are based on the premise that the individual cannot sustain competitive full-time employment.
In order to qualify for social security disability insurance (SSDI), you must meet the SSA's definition of "disabled." If you are able to work part-time, you are likely engaging in substantial gainful activity, which would preclude you from being adjudicated disabled.
I am not familiar with unemployment benefits laws in California, but generally you must certify that you are ready, willing, and able to work in order to qualify for unemployment benefits. As discussed above, in order to qualify for SSDI you must establish that you are not able to work. As you can see, SSDI and unemployment are typically mutually exclusive.
Whether the part-time work you are able to do precludes you from showing that you are disabled is a fact intensive inquiry. Generally, however, the fact that you claim you are able to work part-time suggests that you will not qualify for SSDI. You should talk to a lawyer about your disability claim to evaluate whether you might qualify before deciding whether to apply for unemployment.
If your doctorm only wants you off work 6 weeks, that is a long way from the required 12 months needed to get ASocial Security. Howvere, depending on your age and whether you have other medical problems, and if you will be off work 1 year, then yes, you could still get SS benefits while getting unemployment.
What SSA is supposed to do is look at the totality of the circumstances in evaluating whether or not you are disabled including but not limited to your medical conditions, treating source records, past work history, and earnings and receipt of unemployment compensation. Receiving unemployment compensation benefits will not automatically disqualify you from receiving social security disability benefits, but it can and will used against you. Expect many or all of the following questions from the Judge:
• How long have you been receiving unemployment compensation benefits?
• Have you been looking for work?
(Note — looking is not the same as applying or attempting to work)
• Have you applied for any part-time or full-time jobs?
• Have you had any job interviews?
• Have you been offered any jobs? If yes, describe them
• Are the jobs that you have applied for classified as high stress or fast pace?
• Do you really think you could actually do the job (not just “I would try”)?
• Have you applied for unemployment compensation benefits?
You may wish to talk to a local attorney to get more information before you start this process. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR, and no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
Good luck to you!
