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Although individuals may apply for long-term disability benefits and unemployment benefits at the same time, it is highly unlikely that they can receive both types of benefits at the same time. Long-term disability or LTD benefits are to partially replace income when you are disabled and unable to work. On the other hand, unemployment benefits are to replace income when you have become unemployed through no fault of your own, and you are ready and available to return to work, but you cannot find a job.
Another reason that you are unlikely to be able to draw LTD benefits and unemployment benefits at the same time is because most LTD insurance policies have an offset or deduction provision. Under these provisions, any other income that you receive, such as Social Security Disability benefits, workers’ compensation benefits, personal injury settlements, and unemployment benefits. As a result, your LTD benefits typically will reduce dollar for dollar for all other financial benefits that you receive.
One of the biggest pitfalls of applying for LTD benefits and unemployment benefits simultaneously is that the insurance company likely will try to use those facts against you in your LTD claim. Essentially, they will argue that you are claiming that you are disabled and unable to work at the same time as you are claiming that you are ready and available to work. However, making a mistake or being confused about what benefits to apply for should not result in the denial of your LTD claim. You should continue to fight for your LTD benefits when you are disabled and unable to work. An erroneous application for unemployment benefits is not justification for an insurance company to refuse to pay a valid LTD claim.
Long-term disability claims are complex matters that require intensive knowledge of ERISA laws and regulations. As a result, you will need experienced legal representation and advice to pursue an ERISA-governed disability claim. Bonnici Law Group is a law firm focusing on ERISA long-term disability benefits and bicycle injury cases in San Diego, CA. When you need effective legal representation, contact Bonnici Law Group at 858-261-5454 or email us at help@bonnicilawgroup.com.
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