You're filing a claim for disability benefits based on your inability to work while at the same time affirming to the unemployment agency that you're ready and available to work. Your state's unemployment agency may make similar inferences if it discovers you've filed a claim for LTD benefits: namely that you're not "ready, willing, and able" to work and therefore don't qualify for benefits. If your LTD policy defines the word "disability" broadly, you may be eligible for unemployment benefits if you were let go from your job.
Review your policy's Summary Plan Description to learn whether you have an "own occupation" or an "any occupation" policy, or a hybrid of the two. Thus, a firefighter who becomes unable to meet the demands of that job may be eligible for LTD benefits even though she could theoretically work in a less strenuous position.
On the other hand, under an "any occupation" policy, you'll be found disabled only if you're unable to perform the duties of any occupation in the economy for which you are reasonably fitted based on your education, training, and experience.
Many disability policies, especially employer-provided group plans, shift the definition of disability from "own occupation" to "any occupation" after a period of time, usually 24 months. Those who receive LTD benefits under an "own occupation" policy or during the first 24 months of a hybrid policy might well be able to show that they're "ready, willing, and able" to perform some type of work, even though they can no longer work at their previous job.
In this case, they could collect LTD benefits and unemployment benefits at the same time. Still, your state unemployment agency may deny you unemployment benefits if it determines that you've stopped working "voluntarily and without good cause," a standard that varies from one state to the next. Keep in mind that your state's unemployment agency may contact your employer to ask about the nature of your work separation.
If your LTD policy provides for partial disability benefits, your chances for receiving both partial LTD benefits and unemployment benefits might be higher. Your state unemployment agency is less likely to use your receipt of partial LTD benefits against you, because it is highly possible that you could be "partially disabled" that is, unable to substantially maintain your previous earnings from full-time work but still be able and available to work somewhere.
Most long-term disability policies contain LTD offsets for "other income benefits" such as Social Security disability payments, workers' compensation , third-party settlements, and, yes, unemployment benefits. In those cases where an individual receives both LTD and unemployment benefits, LTD insurers are frequently able to deduct the monthly unemployment amount from their monthly LTD payments. Offsets for unemployment benefits and other forms of income are common to both individual and group LTD policies, although individual policies are occasionally written to exclude certain offsets in exchange for higher monthly premiums.
Personnel reviewing an unemployment application claim may red flag someone who says they have filed for disability. If the agency determines that the individual has received benefits in error, the individual typically has to repay the benefits. Make sure you are doing the right thing and protected from risk.
When filing unemployment or disability claims, talk to an attorney who understands both. If you have any questions about a Social Security claim, contact a disability attorney at any of our offices across Arkansas, Missouri, Kansas, Oklahoma, and Illinois. Call or submit the Contact Form on our website for a free consultation. Pursuant to Missouri Supreme Court Rule 4. The choice of a lawyer is an important decision and should not be based solely on advertisements. Some of the photos herein are a simulation.
For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office. Bath Elmira Geneva Ithaca Jamestown Olean Rochester Skip to main content. Last Review Date: October 28, Print PDF Scan.
0コメント