If I’m receiving disability, can I legally receive unemployment to make ends meet?

I have worked with 2 retail companies for a total of 19 years and didn’t receive unemployment so since I have

paid into this shouldn’t I be able to legally receive what I paid into unless they use it for disability that I’m receiving now, I’m 65 years old and can’t seem to go back just yet which I would love to but trying to get back to the world of employment is difficult at the moment.

Asked on February 9, 2019 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot. Disability is income replacement when you *can't* work due to some disability or medical condition, while unemployment is income replacement when you *can* work but lost your job through no fault of your own. The two things are therefore fundamentally incompatible, since if you can work, you can't get disability--but if you can't work, you are ineligible for unemployment. They serve two different purposes and are not meant to be used together.


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