Can I apply for unemployment after receiving disability?

Late last year I had to go out on disability due to a RA conditon. I started receiving disability from employer (70% of salary with taxes, etc. taken out) for 6 months, ending alittle over 4 months ago. I also received state disability. When I couldn’t return to work by that date, I was terminated from my employer. I then continued to receive state disability only. My doctor has just extended my claim to the end of next month as my condition is still not better. Not sure if I’ll have to go the 52 weeks. If I am able to return to work, can I apply for unemploy while looking for new job?

Asked on August 20, 2012 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were out on disability and receiving disability benefits but were then terminated from your employment, then under the laws of all states in this country there is nothing preventing you from not applying for unemployment benefits. If I were you, I would go down to the local unemplyment office and make a claim for unemployment benefits since you no longer have a job.

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