• Can I Get Unemployment and Disability Insurance Benefits?Can I Get Unemployment and Disability Insurance Benefits?

Can I collect disability insurance benefits if I am collecting unemployment benefits?

It is challenging for a disabled claimant to obtain either short or long term disability benefits when they are receiving or have received unemployment benefits. It is not impossible to get STD or LTD benefits, but a claimant would be much better off not seeking unemployment. One of the criteria to be eligible for unemployment benefits is that the employee must be able to work, available to work and actively seeking work. In a situation where a person has an “own occupation” policy, then it could be possible to receive unemployment and disability benefits. The other important reason to not seek unemployment is that in most ERISA / GROUP disability policies, any unemployment benefits received will offset any disability benefits which are owed.

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There are 10 comments

  • Holly, you should speak with your Human Resources department and request a copy of your short term disability plan from them. They will explain the process for filing short term disability during the circumstances we are currently under.

    Cesar GavidiaJul 23, 2020  #10

  • I’m on unemployment from covid and school starts 8/26. I’m a cook there and had one carpal tunnel surgery and am out til 9/2. I have another same surgery 9/14. Can I get short term disability as well?

    Holly HostJul 23, 2020  #9

  • Ron, typically your Disability Insurance Policies allow the insurance company to offset for other income you receive. As such, if you fail to report it, you might end up owing an overpayment to the insurance company. Also, receiving unemployment benefits can be problematic to your receipt of disability benefits. If you would like to discuss this, please feel free to contact us.

    Alex PalamaraJun 16, 2020  #8

  • What if you got ill, was out of work got short term disability payments and you were able to go back to work with restrictions but job can accommodate. If you get approval for unemployment benefits, do you have to report the benefits to each other?

    RonJun 16, 2020  #7

  • Kristina, applying for unemployment while filing for/being on disability can be a very big problem. When you apply for unemployment you are certifying you are “ready, willing and able to work,” which is in conflict with short term disability in which you are asserting you cannot work. A disability insurance carrier can use this as a basis for denial. Additionally, receipt of any unemployment benefit would be an offset under the disability plan – so any money you receive from unemployment would be subtracted from the disability benefit.

    Stephen JessupMay 21, 2020  #6

  • I’ve applied and have an unemployment claim and am out on short term disability this week and next. I have to go into the unemployment site to ‘certify weekly benefits’ and one of the questions is whether I worked that week, and I would have to say no. I’ve been having trouble getting a hold of anyone from unemployment because they’re so busy. So I was wondering if a person is allowed to receive unemployment benfits while they’re on short term disability?

    KristinaMay 21, 2020  #5

  • Larry, your long term disability carrier will most likely be able to offset your SSDI and state disability if your policy is employer provided plan.

    Stephen JessupAug 25, 2017  #4

  • Will use is unclear if I’ve been approved for SSDI and I have a long-term disability claim. Can SSDI offset my state disability? Also my long term disability vice versa can the insurance company offset both SSDI? Also my state disability can it be both offset by either company?

    Larry T.Aug 23, 2017  #3

  • Mollie, you will need to consult with your attorney as to the taxable nature of your benefit. With respect to SSDI, we do not handle SSDI claims so I would not be able to speak as to your situation. That being said, you are free to find new representation if you are not satisfied with your current SSDI attorney.

    Stephen JessupApr 25, 2017  #2

  • I had a company paid long term disability policy with Prudential. After declining me twice after my illness, I hired a lawyer and we ended up settling out of court. Should this money be taxable? Also, they considered my SSDI even though I have been denied that twice. They are telling me that once they settled, it is typical for SSDI to approve me since their guidelines are less stringent than Prudential. I am still waiting for a decision.

    Also, I have an attorney however they have not done anything to assist me in the claim. Am I allowed to contact Social Security directly or does the attorney have to contact them?

    Please advise.
    Thank you

    Mollie C.Apr 23, 2017  #1


Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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