Can you collect unemployment while receiving short term disability?

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Can you collect unemployment while receiving short term disability?

Terminated from job after FMLA period expired.

Asked on October 23, 2010 under Employment Labor Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Apparently it varies from state to state.  The theory behind collecting disability is that you are receiving funds because you can not work and the theory behind unemployment is that you can work and are collecting but are actively seeking employment.  Some Judges will not let you collect both because of the conflict.  It is my understanding that some states - such as California - do allow you to collect both.  I would contact your Department of Labor - Unemployment Insurance Division and Social Security (it is SSDI I assume) and see what they say.  Then double check with an attorney in your state that practices in these areas of the law.  Good luck.


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