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COVID, UNEMPLOYMENT, AND DISABILITY BENEFITS

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Sep 16, 2020
  • 2 min read

Since the COVID pandemic got serious around March 2020, millions of Americans have lost their jobs--laid off, terminated, leaves of absence--whatever you want to call it. Millions are on unemployment benefits, others are working part-time and still others are looking for work.


How does this affect a new application for Social Security disability benefits?


UNEMPLOYED: The fact that COVID-19 caused you to lose your job (permanently or temporarily) isn't considered by Social Security when deciding whether you can get disability payments. They look at whether you have a medical condition that makes you unable to work--not at whether you can find work or keep work due to economic or pandemic stress. So, you can't get disability benefits because you lost your job, your employer closed down her business, or other economic hardships.


LAID OFF: If you are laid off or without work temporarily, this doesn't qualify for disability benefits, either. It requires a severe medical impairment lasting at least 12 straight months. SSDI is a disability program, not an employment or stimulus program.


UNEMPLOYMENT BENEFITS may hinder a Social Security disability application. This is because the purpose of Social Security and the purpose of Unemployment benefits are very different. SSDI is a disability program for impaired individuals who are physically and/or mentally unable to work. Their medical impairment must last at least 12 straight months. Unemployment benefits , on the other hand, are designed for healthy individuals who are able to work, available for work, and looking for work. They are just between jobs and need a temporary benefit to tide them over until they find work.


If you apply for Unemployment compensation, you usually must certify that you are able to work, available for work, and looking for work. This, of course, would disqualify you for disability benefits. So the two programs are direct opposites. Most judges will assume that if you're on Unemployment benefits, you are able to work and looking for work--thus you are obviously not disabled.


In summary, COVID-19 does nothing to help an individual looking for disability benefits. The moment you say to Social Security, "I was laid off or fired due to COVID," they will stamp your disability claim "DENIED." (Able to work but no work is available--not a disability).


The only way COVID may help with a disability claim is if you catch COVID and suffer a severe, lingering medical impairment that will last for at least 12 straight months. For examlle, if COVID causes you to have long term liver damage, lung damage or heart dysfunction, it may qualify for SSDI. The fact that COVID causes you to be unemployed, however, does nothing for a disability claim.



 
 
 

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