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Question

Can I file for unemployment if I am on medical leave from my job and an ssdi application already submitted.

Asked on October 11th 2023 by Earlene
I am a Registered Nurse, I have been on medical leave from my current job since February 2023. I cannot go back to work until the restrictions (lifting, twisting, bending) are lifted by my doctor. I filed for ssdi because I am 61 years old and I have multilevel degenerative disease of my lumbar and cervical spine... both areas have had multilevel surgical intervention to relieve the compression on my nerves and spinal cord. It is very difficult for me to ambulate, twist, lift and bend ( all which is required when providing patient care to others as an RN. I could potentially look for a job that I can do from home (since I am a Registered Nurse) but I am 61 yo and don't have the "experience" in remote related jobs, although I could get training from a potential employer looking for an RN with my background and knowledge. I have NO income at this time and ssdi determination is about 11 months per SSA. I am not sure if I will even get approved for disability. I am so confused and so overwhelmed with this whole process and now I am financially drowning as a result of being out of work for 6 months. I don't know what to do or where to get help with finances. Unemployment would help, even just a little but I get conflicting information as whether I can apply or not. Please, if you could maybe give me an honest answer or guide me through this situation, I would be so appreciative. Thank you so much for taking the time to review my situation.

Answer

Answered on October 11th 2023 by Attorney Stephen Jessup

Unfortunately, you would need to speak with a Social Security attorney to determine how the SSA will react to a filing for unemployment while seeking SSDI. We only handle claims under private/employer provided disability policies. Under those policies filing for unemployment can cause two issues: (1) you are asserting you are unable to work to the disability carrier, but telling the state you are ready willing and able to work. This can raise scrutiny by the carrier, though arguably a disability insurance policy usually defines disability (at least for a period of time) as the inability to do your own job, so advising unemployment you would be ready, willing and able to do some other job doesn't necessarily conflict, though as noted, can cause scrutiny. (2) Most disability insurance policies would just offset whatever they pay in monthly benefits by the amount you are receiving from the unemployment. The SSA has its own et of rules so I would recommend consulting with a SSDI attorney.

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