Can I Collect Unemployment if Terminated While on Disability in Fresno, California?

Navigating the complexities of disability benefits and unemployment after being terminated from a job can be confusing. A common question many people ask is: “Can I collect unemployment if terminated while on disability?” The short answer is that it depends on various factors, such as the state you live in and your ability to work. Let’s dive deeper into this topic to help you better understand your rights and options.

Understanding Disability and Unemployment Benefits in California

In California, Social Security Disability Insurance (SSDI) and State Disability Insurance (SDI) are designed for individuals who are unable to work due to a severe medical condition. In contrast, unemployment benefits are available for individuals who are actively seeking work but are unemployed through no fault of their own. Because of these contrasting requirements—one necessitating an inability to work and the other requiring that you be available for work—you generally cannot collect both benefits simultaneously.

However, if your disability ends and you’re still unemployed, you may be eligible for unemployment benefits, provided you meet the eligibility criteria.

Can You Collect Disability and Unemployment at the Same Time?

In most cases, you cannot collect unemployment benefits while you are receiving disability benefits. The reasoning behind this is simple: to qualify for unemployment benefits, you must be able and available to work. On the other hand, to qualify for disability benefits, you must prove that you are unable to work. These two qualifications contradict each other, making it difficult to receive both types of benefits simultaneously.

However, there are exceptions, and the rules can vary by state. For example, if you recover from your disability and are still unemployed, you may qualify for unemployment benefits once your disability benefits end.

Can You Collect Unemployment After Disability Benefits Run Out in California?

In California, after your State Disability Insurance (SDI) benefits run out, you may be eligible for unemployment benefits, assuming you are able to work and actively seeking employment. If your disability ends and you’re terminated from your job, the California Employment Development Department (EDD) may allow you to transition from disability to unemployment benefits. However, you must provide medical documentation that certifies your ability to return to work.

Can You Be Fired While on Disability?

Yes, you can be terminated while on disability, but your employer must follow strict legal guidelines. Under both the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), your employer cannot fire you simply because you are disabled. However, they can terminate your employment for unrelated reasons, such as company downsizing or performance issues. If you suspect wrongful termination due to your disability, it’s essential to consult a qualified attorney, such as Jonathan Peña, who specializes in disability law.

Can You Apply for Unemployment While on Disability?

Applying for unemployment while on disability is not recommended, as you are unlikely to meet the eligibility requirements. Unemployment benefits require that you are available and able to work, while disability benefits are for individuals who are unable to work. These two programs are designed for different circumstances, making it difficult to collect both at the same time.

What Should You Do If Terminated While on Disability in Fresno, CA?

If you are terminated while on disability in Fresno, California, and are unsure about your eligibility for unemployment or other benefits, your best course of action is to consult with an experienced disability attorney. Jonathan Peña and his team at Peña & Bromberg have helped countless clients navigate these complex situations. Whether you need help transitioning from disability to unemployment or appealing a denied claim, Jonathan Peña has the experience and expertise to assist you.

Why You Should Hire Jonathan Peña

Here’s why Jonathan Peña is your best option for legal representation if you’ve been terminated while on disability in Fresno, California:

• Deep Expertise in Disability Law: Jonathan Peña has years of experience handling Social Security Disability Insurance (SSDI) claims and navigating the challenges of transitioning between different types of benefits.
• Personalized Legal Support: His firm is dedicated to providing personalized attention to each case, ensuring that all your legal needs are thoroughly addressed.
• No Upfront Fees: You only pay if they successfully win your case, taking the financial pressure off you during a difficult time.
• Proven Results: Peña & Bromberg have a strong track record of securing benefits for clients and fighting for the rights of those who are unable to work.

If you’ve been terminated while on disability and are wondering whether you can collect unemployment benefits in Fresno, don’t go it alone. Schedule a free consultation with Jonathan Peña by visiting jonathanpena.com or call (559) 439-9700. Get the expert legal support you need to secure your future.