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CAN I CLAIM DISABILITY INSURANCE IF I HAVE SECONDARY INCOME IN USA

Limitations of DISABILITY INSURANCE

When applying for benefits, the state confirms that an applicant’s disability occurred within 14 days of her last day of work. Furthermore, applicants are not eligible to receive disability benefits if they receive other remuneration or benefits. New Jersey uses a “non-duplication of benefits” rule and prohibits disability payments to individuals who receive specific types of government benefits.

Exclusions of DISABILITY INSURANCE

New Jersey denies benefits to applicants receiving unemployment compensation insurance from the New Jersey unemployment fund, from any other state’s fund or from the federal government. Additionally, claimants receiving temporary disability benefits from any other state’s program or from the federal government are not eligible for additional disability benefits through the New Jersey temporary disability fund. Furthermore, applicants who receive workers’ compensation are not eligible for disability benefits.

Wage Limitations of DISABILITY INSURANCE

New Jersey disability benefits are limited to claimants who are not working or receiving any other profits from working. However, a claimant can receive some types of secondary income as long as she is not working for that income. For instance, an employee who receives permanent federal disability benefits or pension benefits can receive concurrent state disability benefits. Since the federal benefits are provided for permanently disabled employees, and the New Jersey benefits are temporary, the state allows a claimant to receive both types of payments simultaneously. The state allows employees to receive private pension benefits but reduces the disability payments. Similarly, federal Social Security retirement benefits are not limited. Thus, although the state reduces benefits for claimants receiving private or public pension benefits, it will not reduce benefits for those receiving Social Security retirement.

Considerations of DISABILITY INSURANCE

Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.

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