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Recieving disability benefits and thought it had finished so i decided to apply for unemployment?

Bakersfield, CA |

I recieved benefits after my baby was born i filled out my papers for an extra month and I hadn't recieve anything so I thought I wasn't going to recive anymore so I decided to file an unemployment claim,what can I do?will it affect my disability benefits?

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Attorney answers 3


You can get one or the other but not both. You get disability benefits if you are unable to work. You get unemployment benefits only if you are ready willing and able to work. By definition you cannot qualify for both.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


Consult an attorney who handles disability insurance claims - also, if you were employed at the time you may be entitled to maternity leave benefits. You can locate an attorney on AVVO undet the heading "Find a lawyer"

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


It is not clear if you are talking about SS disability, State disability or private long term or short-term benefits from your employer-or STD or LTD benefits you paid for on your own. This does not sound like an SS disability question, so you may in fact e able to get both - not enough here to tell.

I will try to repost under employee benefits as that may help

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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