If you work in Texas and you lose your job through no fault of your own, you may be eligible for unemployment benefits through the Texas Workforce Commission. People out of work while recovering from a serious medical condition and facing financial challenges may seek relief by wondering: Can you get unemployment and disability benefits?
The relationship between TWC unemployment and short-term disability does not permit a simple “yes” or “no” answer to the question of receiving benefits through both programs simultaneously. This blog explains how the eligibility requirements of Texas unemployment and disability benefits may prevent you from collecting them at the same time.
Eligibility Requirements For TWC Unemployment
Workers who lost their jobs or had their working hours reduced through no fault of their own may be eligible for TWC unemployment benefits. You must meet the following eligibility requirements:
- Meet past earnings criteria.
- Register to search for work through the Work In Texas website.
- Be available and able to work.
- Actively search for a job.
Working reduced hours must not be at your request or the result of disciplinary action taken by your employer because of misconduct or poor performance on your part. If terminated from your employment, it cannot be because you were let go for misconduct, including:
- Violating company policies.
- Neglect or mismanagement of your position.
- Failure to perform your duties at work.
Quitting usually prevents you from qualifying for unemployment benefits unless you did so for good cause. For example, if you quit a job after an employer refused to correct unsafe working conditions, your ability to collect unemployment benefits may be protected because you had good cause for leaving.
According to the TWC, quitting for reasons unrelated to work, such as a medical condition that prevents you from working, could allow you to receive unemployment benefits. It would need to be reviewed by the TWC.
Short-Term Disability In Texas
Texas does not have a statewide short-term disability program for workers, unlike those offered in other states. It does offer the Texas Income Protection Plan, an income protection plan in the form of short- and long-term disability coverage, as a benefit of employment to state government workers.
You could protect yourself against a loss of income from a disabling medical condition that prevents you from working by purchasing a short-term disability insurance policy directly from an insurance company. A disability insurance policy is a contract between you, as the insured, and the insurance company. Whether you can collect short-term disability benefits and unemployment simultaneously depends on the terms of the insurance policy. Still, an inability to work is a factor that may affect your eligibility for TWC and disability benefits due to the conditions you must meet to qualify for unemployment.
You must be available to return to work for TWC unemployment benefits
Eligibility for TWC unemployment benefits requires you to actively seek employment and be ready and able to begin working when offered a job. If you have a disabling medical condition that prevents you from working, you would not be capable of satisfying a requirement for eligibility to receive unemployment benefits.
Collecting unemployment benefits may create a problem with your disability benefits. Depending on the terms of the short-term disability plan or insurance policy, pursuing a claim for unemployment benefits may prove that you have the ability to work and jeopardize your entitlement to disability benefits.
The conflict of short-term disability vs. unemployment benefits may be resolved if your medical condition improves. An obstacle to collecting unemployment benefits is removed when you can search for and accept a job offered by a prospective employer.
Consult With A Disability Benefits Lawyer
Issues surrounding TWC unemployment and short-term disability can be challenging to understand, but consulting with a disability lawyer gives you access to a knowledgeable professional with knowledge of the laws and experience handling these types of matters. A consultation also provides a better understanding of your rights and how to effectively pursue them.
