In nearly all of the US, there are no rules which prevent you from receiving both unemployment benefits and Social Security disability support. This is also true for Supplemental Security Income (SSI) and unemployment benefits, thanks to recent laws changes since the year 2000. Show
In practice however, it is very difficult to be a recipient of both plans. This is because the criteria for receving both are at odds with one another; to collect unemployment benefits you must be actively searching for work while the only way to qualify for disability benefits is being unable to work. The only state which you will have problems receiving both benefits is Minnesota. It used to be common that states had laws that reduced the amount of unemployment benefits received if the recipient was receiving other parts of Social Security support. While this has been repealed across the US, Minnesota’s rules around this will continue until July 3, 2022. Related stories:
For SSI payments, it is only income from work which could reduce the amount of support you receive. However, as unemployment benefits are not considered work income then receiving the support won’t reduce the amount of SSI payments you could receive. What about Supplemental Security Income and disability benefits?Eligibility requirements for SSI benefits are fairly strict as the programme is designed to support specific groups of low-income Americans. Recipients of SSI payments must be aged 65 or older, blind ordisabled. The eligibility for SSDI payments are more difficult as claimants must have a disability, from this list, that prevents them from working.
For claimants, there are no rules in place to prevent them from receiving both parts of benefit support. However, receiving both payments could take you over the income threshold for SSI payments as SSDI payments are included in counting towards the eligibility for the former. Collecting unemployment benefits is a factor that judges can consider when they’re deciding your disability case.If you were let go or laid off from your job, it's natural to start collecting unemployment benefits, even if you were having trouble working full-time due to health issues. But you know unemployment benefits won't last forever. If you don't think you'll be able to go back to work at a new job, you're might be wondering if you can apply for Social Security disability benefits. Can You Apply for Disability While on Unemployment?Officially, the Social Security Administration (SSA) says that collecting unemployment benefits, on its own, doesn't prevent you from being approved for disability benefits. But collecting unemployment benefits is a factor that administrative law judges (ALJs) can consider when they're deciding your disability case. It can be a problem to collect unemployment benefits while you're applying for Social Security disability benefits because, when you file for unemployment benefits, you are saying you are willing and able to work, but when you apply for disability benefits, you are saying that you can't work, for at least a year. Will Social Security Know If I'm Collecting Unemployment?Disability claims examiners and judges usually know when you're collecting unemployment benefits because Social Security has access to unemployment benefits information. If you're collecting unemployment, the SSA will usually include that information in your claims file. What Do Disability Judges Think About Collecting Unemployment?Not all disability judges will deny you benefits because of it; judges fall into four categories.
If I Can Work Part-Time (Only), Can I Collect Unemployment and Apply for Disability?In a few states, including Texas and Georgia, you can only apply for unemployment benefits if you're ready and willing to work full-time. But in many states, you can collect unemployment benefits even if you're only looking for part-time work. In these states, when you apply for unemployment benefits, you're not necessarily telling the employment department that you're available to work full-time. And applicants for Social Security disability aren't necessarily saying that they can't do part-time work—only that they can't do full-time work. (In fact, disability applicants are allowed to work a limited amount of time.) So, depending on your state, you might not be saying conflicting things by trying to collect unemployment and Social Security benefits at the same time. Will a Judge Ask About Unemployment Benefits at My Hearing?If you've collected unemployment benefits and you attend an appeal hearing, the judge may try to find out why you're collecting unemployment benefits, or why you collected them until recently. The disability judge may ask what jobs you applied for while you were collecting unemployment (and will be checking if they were similar to your old job). If the jobs you applied for were ones that you've said you aren't capable of doing (for instance, a job requiring heavy lifting), you may have a problem. If you're in this situation, you may want to offer to change your alleged onset date to a date after you stopped collecting unemployment benefits. Similarly, if you applied for a full-time desk job while you were collecting unemployment but you're now telling the judge you can't sustain any full-time work, the judge might doubt your credibility. You could argue that you probably wouldn't have been able to sustain full-time work for more than a few weeks without great pain or other symptoms, or without getting fired due to low productivity or absenteeism (caused by your disability). Depending on the judge, your explanation might be acceptable. Keep in mind that federal judges have stated in the past that: "A desire to work does not mean that a claimant can actually work," and "Receipt of unemployment insurance benefits does not prove the ability to work." How Can I Explain Why It Made Sense for Me to Apply for Disability While on Unemployment?If the disability judge asks you what jobs you applied for while you were collecting unemployment benefits, you might have a valid argument that collecting unemployment benefits and disability benefits at the same time didn't create a conflict, in your situation. Here are some examples of successful explanations:
(Note though, that some states don't pay unemployment benefits to those who say they can only do sedentary work, because they aren't available for a significant percentage of jobs out there.) So, Should You Apply for Disability or Wait?To be safe, some disability applicants will wait until their unemployment benefits run out to apply for disability benefits. Others will change the date they became disabled (their "alleged onset date") until after their unemployment benefits have stopped. (But note that, by doing this, you could be giving up a large sum of money.) It's usually best to talk about your circumstances with a disability lawyer before deciding to amend your disability onset date or deciding when to apply for benefits. And if you have a hearing coming up, and you applied for full-time jobs while you were collecting unemployment, or you applied for jobs that were more demanding than your physical and mental limitations allow for, it's best to talk about this with a disability lawyer. A good lawyer or disability advocate can explain the issues in-depth and advise you on the best course of action. For a discussion of the reverse situation—can you collect unemployment while on Social Security disability—see our article on applying for unemployment when you're disabled. Updated June 30, 2022 Can you collect unemployment and Social Security in NJ?Social Security retirement benefits do not affect your Unemployment Insurance benefits. If you are eligible to receive a pension from an employer you worked for during your base year period, your benefits may be reduced.
Can you collect unemployment while on Social Security disability in Illinois?We are often asked: “Can I collect unemployment while applying for Social Security disability insurance?” The short answer is YES, but the road to obtaining SSDI is often two years or more on the long-end and a few months on the short-end.
Can you collect unemployment and disability at the same time in NY?If you become disabled while you are unemployed
You may not collect unemployment benefits and disability benefits for the same period of time.
Can you collect unemployment while on Social Security disability in California?No. You cannot receive Disability Insurance and Unemployment Insurance benefits at the same time. You cannot certify for disability while also certifying for UI.
|