Can I get unemployment while I am applying for disability?

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Can I get unemployment while I am applying for disability?

I am currently under a doctor’s care for a bad back. I have degenerating discs and have been advised not to do any heavy lifting which is the main requirement of my job. I plan to apply for disability but know it is a long drawn out process. Can I apply for and hope to get unemployment in the meantime? I still work there but anticipate being let go since there is little that I can do anymore. I also need to know if I should wait to be let go before pursuing any of this.

Asked on December 20, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) You cannot get unemployment, or even apply for, while you are still employed--as the term implies, unemployment compensation is available only when you are unemployed (through no fault of your own).

2) If you voluntarily leave or quit your job, you can't get unemployment.

3) It is doubtful whether you may simultaneously apply for  unemployment and disability: you get the first because you can work, but don't have work; you get the second because you can't work. It does not appear you can fulfill the criteria of both at the same time; however, becaues the specific facts/situation is so critical to cases like this, you should consult with an employment attorney to evaluate your options.


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