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



Attorney Cesar GavidiaAuthor: Attorney Cesar Gavidia

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.

There are 4 opinions so far. Add your comment below.

Mollie C.:

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

Attorney Stephen Jessup:

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.

Larry T.:

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?

Attorney Stephen Jessup:

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.

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