Can you collect disability after unemployment runs out

Having disability insurance can provide critical compensation while you are unable to work. Whether it be short term or long term, disability insurance will pay a portion of income for a set period of time. This can alleviate much of the financial pressure those on disability leave may face. While disability insurance serves an important purpose, it is only to help cover part of your income while you are unable to work. It does not protect your job. There are some federal and state laws in place that will, in certain instances, protect employees on disability from losing their jobs. Whether your job will be protected by these laws, however, will depend on other factors such as whether or not you qualify for the protections and how long the protections last. In any event, should you be terminated from your job while on disability leave, it is important to understand your options. For instance, you will most likely want to pursue the possibility of collecting unemployment should you find yourself in this situation.

Table of Contents Show

Can I Collect Unemployment If I Was Fired While on Disability?
Disability Attorney
How do you calculate what my weekly benefit amount for Disability Insurance will be?
I got my first benefit payment. Why wasn’t I paid for the first seven days?
Do I need to report my Disability Insurance benefits for tax purposes?
What changes must I report to the EDD when I am receiving benefits?
How do I stop benefits for a deceased claimant?
I am expecting my first benefit payment, but have not received it yet. What should I do?
How long does California State disability last?
What to do when EDD benefits run out?
What happens when you exhaust disability benefits?
How do I continue my EDD disability?

Can I Collect Unemployment If I Was Fired While on Disability?

It is possible for a person who was fired while on disability to go on to collect unemployment benefits. Unemployment benefit laws, however, are consistent across all 50 states in requiring that a benefit applicant be not only physically capable of working, but also available for duty and actively interviewing for jobs. This means that, as long as you remain unable to perform your job due to disability, you will be unable to collect unemployment benefits.

People who are terminated while on short term disability leave, however, will likely be eligible for unemployment benefits as soon as they recover from their temporary disability. Those who are fired while on long-term disability, however, usually suffer from a permanent medical condition from which they may never recover enough to be able to go back to work. In these cases, unemployment benefits are not going to be an option. As long as you remain unable to return to work, you will not be approved for unemployment benefits.

If you are terminated while on disability, you may also want to see whether your rights were violated when your employer fired you form your job. Some federal and state return to work laws provide protections for qualified employees of covered employers. These return to work laws may protect your job while you are on disability leave or shortly after you return to work post-disability leave. For instance, the Family Medical Leave Act (FMLA), is a federal return to work law providing protections for temporary disability. FMLA provides for up to 12 weeks of unpaid job protection while eligible employees, working for employers covered by FMLA are on disability leave. Furthermore, the Americans with Disabilities Act (ADA) is a federal law that has return to work provisions to provide protections for employees on disability leave.

Disability Attorney

Being on disability leave, even when receiving disability benefits, can be a time of uncertainty and anxiety. Waiting to recover and not knowing about your job situation when you are able to return to work can be overwhelming. Know your disability rights. Know your legal options. For disability questions, Roeschke Law can help. We are here to support you in any way we can. Contact us today.

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Get answers to frequently asked questions (FAQs) we receive about Disability Insurance (DI) benefits and payments.

If you think you’re eligible for disability benefits, file a claim to apply.

How do you calculate what my weekly benefit amount for Disability Insurance will be?

We will calculate your weekly benefit amount using a base period. This base period covers 12 months and is divided into four consecutive quarters of three months each.

Your weekly benefit amount is about 60 to 70 percent (depending on income) of wages earned 5 to 18 months before your claim start date, up to the maximum weekly benefit amount. You must have been paying SDI taxes on these wages (usually noted as CASDI on your paystub). Your base period does not include wages paid at the time your disability begins.

You can get a general estimate of your weekly benefit amount using our Weekly Benefit Calculator. This calculator should be used as an estimate only.

I got my first benefit payment. Why wasn’t I paid for the first seven days?

The first seven days of every new claim is a non-payable waiting period. The first payable day is the eighth day of your claim. Review the step-by-step overview for the DI Claim Process to learn more.

The Governor’s Executive Order N-25-20, signed March 12, 2020, waives the one-week unpaid waiting period for COVID-related DI claims with a start date of January 24, 2020, through September 30, 2021. You can collect DI benefits for the first week you are out of work.

Note: The Governor’s Executive Order N-08-21, signed June 11, 2021, returns the requirement to serve the one-week unpaid waiting period for COVID-related DI claims with a start date on or after October 1, 2021. You can collect DI benefits starting on the eighth day you are out of work.

If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.

Do I need to report my Disability Insurance benefits for tax purposes?

No, your Disability Insurance (DI) benefits are not reportable for tax purposes. However, if you are receiving Unemployment Insurance (UI) benefits, become unable to work due to a disability, and begin receiving DI benefits, a portion of your DI benefits will be reported for tax purposes.

If this happens, we will send you a notice with your first benefit payment. This notice will tell you that your benefits are being reported to the IRS. In January we will provide you with a 1099G form showing the reportable amounts paid (no more than your original UI maximum). We will also send a copy of the 1099G to the IRS.

What changes must I report to the EDD when I am receiving benefits?

You must report in writing or contact us immediately if you:

Have returned to part time or full time work.
Have recovered from your disability.
Have received any wages.
Need to report a date of death for a deceased claimant.

It is important to report your wages to:

Receive the correct benefit amount.
Prevent an overpayment.

If you don’t report your income or a change in work status, you could receive an overpayment, penalties, and a false statement disqualification.

How do I stop benefits for a deceased claimant?

There are two ways you can notify us of the deceased claimant’s date of death to stop their benefit payments:

Phone: Call us at 1-800-480-3287.
Mail: Use the PO Box address printed on the payment notice.

If eligible, benefits are payable through the date of death. We will need the following information to stop benefit payments and contact you with additional instructions:

Claimant’s full name
Claimant’s date of death
Your full name
Your address
Your phone number

I am expecting my first benefit payment, but have not received it yet. What should I do?

We will issue payments in one of two ways:

Electronic: If you choose this option, your benefit payments will be deposited to a debit card sent to you. Or, they will be added to an unexpired debit card from a previous Unemployment Insurance, Disability Insurance, or Paid Family Leave claim. Once your first payment is approved, expect the payment to be available within five business days.
By Mail: If you choose this option, your benefit payments will be issued by EDD check. Allow 10 days from the date the check was issued for delivery.

If you have not received your payment in the timeframe listed above, contact us. If it has been more than 10 days since your check was issued, we will confirm if your check has already been cashed. If it has, we will mail you a copy of the check and the endorsing signature. If the signature is yours, no further action is needed. If the signature is not yours, contact us for further instructions.

How long does California State disability last?

How long can I collect Disability Insurance benefits? You can collect up to 52 weeks of full Disability Insurance (DI) benefits, or the amount of wages in your base period, whichever is less.

What to do when EDD benefits run out?

When you run out of available weeks of benefits, you might be eligible for to up 53 weeks under the Pandemic Emergency Unemployment Compensation (PEUC)4 program. You must reapply for a new claim even if you are currently on an extension if you earned enough wages (edd.ca.gov/ Unemployment/UI-Calculator.

What happens when you exhaust disability benefits?

The U.S. Social Security Administration provides disability benefits through two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If your benefits run out, you can appeal the decision. SSI can provide financial support if you lose disability benefits.

How do I continue my EDD disability?

Continue Your Benefits If you are on automatic payment, you will receive a Disability Claim Continued Eligibility Questionnaire (DE 2593) after 10 weeks of payment. You must return this form to us to certify that your disability continues. Your benefits will stop if you do not complete and return the DE 2593.