You sadly may be let go from your job post for reasons beyond your reasonable control, such as company-wide layoffs or restructured business operations. To continue this streak of bad luck, though, you may soon after be made the victim of a devastating accident or otherwise get diagnosed with a disability by your treating healthcare provider. With this, you may not know whether to apply for unemployment insurance, Social Security Disability Insurance (SSDI) benefits, or both. Please follow along to find out whether you can collect unemployment benefits simultaneously with SSDI benefits and how a proficient New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you navigate both these government assistance programs.
Can I collect both unemployment and SSDI benefits?
You must understand that unemployment benefits and SSDI benefits serve inherently different purposes. On the one hand, unemployment benefits are meant to provide temporary financial assistance for individuals currently out of work due to no fault of their own. With this, there is an implication that these individuals are able, willing, and intend to return to the workforce once they receive their next job offer.
On the other hand, the Social Security Administration (SSA) designates SSDI benefits for individuals who have a work history but now cannot work due to a physical, mental, or emotional disability. Therefore, unemployment benefits insinuate an ability to work while SSDI benefits suggest an inability to work. For this reason, your unemployment benefits may hurt the credibility of your SSDI benefits application.
Will I have to repay my unemployment benefits?
It is understandable if you initially applied for unemployment benefits if you thought your disability was only temporary. But now, you may face the unfortunate reality that you have a long-term disability which may affect your employment activity for the foreseeable future. In this case, it is fine if you feel more aligned with applying for and collecting SSDI benefits. However, importantly, you may be asked to repay the unemployment payments you have received thus far if the state believes there has been an overpayment between these benefits and your SSDI benefits.
Specifically, this repayment may be based on the unemployment payments you received ever since the SSA ruled your disability began, otherwise known as your disability onset date. This may be done by receiving less back pay from the SSA in your initial SSDI benefits payments or owing the state government directly if your unemployment payments were more than the SSA’s calculated back pay. Under rare circumstances, you may attempt to request a waiver to avoid repaying these unemployment payments. This is if you can effectively prove that this overpayment was due to no fault, misrepresentation, or falsehoods of your own and doing so would cause you great financial hardship, among other things.
No matter what, you do not need to feel alone in this process. A talented New Jersey SSDI benefits lawyer is ready to be in your corner and support you throughout. So please reach out to The Law Offices of Sheryl Gandel Mazur whenever you are ready.
