can you go on disability after being laid off

Can You Go On Disability After Being Laid Off

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It is possible to continue receiving disability benefits after your employment has been terminated. Indeed, most people who receive long term disability benefits for an extended duration (more than a few months) will have their employment terminated eventually.

If you become disabled while you are unemployed

  • If you have been unemployed for less than four weeks
    • your disability benefits are provided by your last employers disability benefits insurance carrier, and
    • the seven-day waiting period applies.
  • If you have been unemployed for more than four weeks and are collecting unemployment insurance benefits
    • the Workers Compensation Board Special Fund for Disability will provide your disability benefits, and
    • no waiting period is required.
  • You may not collect unemployment benefits and disability benefits for the same period of time.

    • Social Security Disability Insurance

    The Social Security Administration (SSA) oversees the Social Security Disability Insurance (SSDI) program. In order for you to qualify to receive monthly SSDI benefits, you must have worked enough to earn sufficient credits and have paid in enough taxes to the SSA.

    Usually, this means you must have worked the equivalent of five years full-time out of the last 10 years. Certain adjustments may be involved depending upon the age of the disabled worker. If you haven’t earned enough credits to qualify for SSDI, you might be eligible to receive Supplemental Security Income (SSI), which is a needs-based disability program that has financial restrictions regarding income and resources.

    If you are in the process of applying for disability benefits, your entire claim is focused on how your medical condition makes working impossible for you. Therefore, if you are working full-time or even enough part-time hours to exceed the financial limits that deem you as earning a substantial income, your claim will be denied.

    Your evidence and documentation must be supportive of how your condition limits your activities. To be deemed disabled, you can’t be able to do, or be actively doing, substantial gainful activity. While you may not have to completely stop working to be approved, you cannot earn more than $1,130 per month from work and still be eligible for benefits. If you are legally blind, those income limits are higher.

    Examples of When Employees Can Be Legally Fired

    Employees on disability leave can be fired if:

  • They dont return from leave after taking their 12 annual weeks of FMLA, OR
  • They didnt declare they were taking FMLA leave and they violated their sick leave policy or used up their sick time.
  • They are not able to do the essential functions of the job, even with reasonable accommodations, OR
  • They are able to do the essential functions of the job with accommodations, but they dont return to work after the employer has provided the appropriate accommodations.

    • Many employees wonder what will happen to their health insurance coverage if theyre fired from their job. Fortunately, a federal law known as COBRA offers terminated employees the option to maintain health insurance coverage for a limited amount of time as long as they pay the full cost of coverage. COBRA insurance is often expensive, but it is frequently the only viable option for a recently terminated employee. Note that COBRA applies only to employers with 20 or more workers.

    If things dont go your way and your employer doesnt reinstate you after your leave ends, read our article on wrongful termination and then consider hiring an employment attorney. You will probably need help proving that you werent fired due to performance issues or business necessity, and an attorney will ensure you follow the correct procedures for filing a complaint with the Equal Employment Opportunity Commission (EEOC) and then filing a lawsuit, if necessary.

    4 Things Social Security Disability Recipients Should Not Do

    FAQ

    Can I get SDI if I was fired?

    Under most group disability policies the date of termination from employment would mark the end of the employee’s eligibility for coverage under his or her disability policy and a disability claim by that employee with a date of disability after the date of termination would certainly be denied.

    What qualifies you for NYS disability?

    Who Is Eligible for New York Short-Term Disability Benefits? In order to be eligible for short-term disability benefits, you must have become injured or ill while not at work but must be employed, or recently employed, at the time of illness or injury.

    What is the most approved disability?

    What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

    What is the waiting period for NYS disability?

    There is a 7-day waiting period during which no benefits are paid. Benefits begin on the eighth consecutive day of disability (WCL §208). Benefits are paid for a maximum of 26 weeks of disability during any 52 consecutive week period (WCL §205).

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