Can You File for Unemployment If You Have Been on Disability & Can't Get Back to Work Yet?

Disability and unemployment are two separate and diverse programs. The requirements and procedures differ in receiving the benefits. If you are eligible for one, then in most situations you are not eligible for the other as the two programs do not provide an overlap in coverage. Each state may vary the requirements slightly and it is recommended that you seek the advice of counsel in your state.

Disability

• The disability program covers salary loss due to an injury or illness. There are several different types of disability payments. Temporary Disability payments from workers' compensation replace an injured workers salary while in treatment, while the State Disability Insurance provides monetary assistance to workers unable to work due to injury, pregnancy or illness. Disability payments continue while a person remains under a doctor's care with off-work slips provided to the department responsible for payment. When the doctor releases you from medical care, the disability payments stop.

Unemployment

• The unemployment program assists employees who are not currently working through no fault of their own. Most of the unemployment is involuntary and includes situations such as layoffs and seasonal employment or partial employment, including a reduced work week. Although rare, quitting or getting fired may result in unemployment benefits after a department review, as these cases are determined on a case by case basis. Benefits are paid every two weeks and a claim form must be filed every two weeks to continue receiving payments.

Unemployment Eligibility

• Eligibility requirements to receive unemployment benefits fall into two categories. The financial requirement involves earning a sufficient amount of wages during the base period of the claim to qualify for the benefit. If there are not enough earnings, then the claim can be denied. Work requirements include the physical ability to work, actively seeking employment and the ability to accept work immediately if a position is found. These are a continuing requirement to receive benefits. With advanced approval, a training program may qualify for unemployment benefits.

Receive Benefits

• As the main focus of unemployment is employment, whether you can receive unemployment benefits depends on the reason you "can't get back to work yet." If you are unable to handle any type of work or are still under a doctor's care, then the answer is no, you can't claim unemployment. However, if you can't work in your normal profession, such as surgery technician because the work is too heavy for you now but can work in an alternate position, such as writing reports in the hospital, then you are still employable and entitled to benefits. Another option is to apply to the training program, which would allow you to train for a less strenuous job and receive benefits while you train.