Becoming disabled is more than just a physical problem. Unable to work due to declining health, individuals with disabilities often face financial hardships as well. While a disabled person might immediately file for Social Security Disability Insurance (SSDI) benefits, there is a minimum five-month wait period. Due to the vast number of disability
applicants, approvals can take up to three years in some cases. Unfortunately, the financial responsibilities of life do not stop during difficult times. Many individuals are forced to look for other means of financial assistance during this time. Some people turn to unemployment benefits as a means of support. While this may seem like a good idea, applying for unemployment can hurt a claimant’s ability to earn disability benefits. As the two programs serve very different purposes,
applicants who apply for both may appear to be contradicting themselves. When an individual applies for unemployment benefits, the person is affirming that they have a desire to work and are actively seeking work, but that they are unable to find a suitable job. The typical unemployment candidate is capable of work but has often been laid off from their job for one reason or another. Because unemployment programs
are state-based, the exact rules that govern them vary from state-to-state. On the other hand, when a person applies for the federally-run SSDI program, they are stating that they have a health impairment that is so severe that it results in an inability to work at all. Further, they are attesting that their health condition will prohibit them from working for at least one year, but likely much longer. Understanding the difference between the two programs should make the contradiction quite obvious. When applying for SSDI benefits, you are stating that you are incapable of working at gainful employment because of a severe health condition. When applying for unemployment benefits, you are affirming that you are ready, able, and willing to work, but that there are no opportunities available to you. While the Social Security Administration (SSA) does not explicitly prohibit individuals who are receiving unemployment benefits from earning an SSDI award, an Administrative Law Judge (ALJ) will most certainly take into account the fact that the claimant is stating that they are actively seeking employment, and yet are also too ill to work. The issue of “double-dipping,” as many people call it, has prompted lawmakers to take the matter to Congress. Multiple bills have been introduced throughout the years that have sought to bar individuals from receiving both unemployment and SSDI at the same time. Thus far, none of the proposed bills have been made into law. Are there Exceptions to the Rule?As with most things, there are certain exceptions to the rule. For example, an individual might have lost their job and be receiving unemployment benefits, and then become disabled. These individuals might continue to collect unemployment while applying for disability benefits. In other unique circumstances, an individual over the age of fifty might have a disability that prevents them from keeping their previous job, and yet may still be capable of performing other work for which they have not been trained. Still, these circumstances are rare. In fact, a 2012 report from the Government Accountability Office showed that fewer than one percent of SSDI beneficiaries also receive unemployment insurance benefits at the same time. What Should I Do If I Want to Apply for Both Programs?First and foremost, the essential rule in applying for either of these programs is to be honest. Under no circumstances should a claimant try to hide that they are actively pursuing financial assistance from both programs. The SSDI application process is complex, and only becomes more confusing when adding in a second benefit program. Seeking the assistance of an experienced Social Security Disability attorney is essential in these situations. If you have any doubt about how unemployment benefits impact your SSDI claim, you should contact a Disability lawyer or advocate immediately. Helpful Resources
Yes, you can. Collecting unemployment insurance does not prevent you from receiving Social Security retirement benefits or vice versa. The same holds true for spousal or survivors benefits you claim on the earnings record of a retired or deceased worker. Receiving both benefits also won’t affect either amount (except for some recipients in Minnesota, for now — see below). Jobless benefits are not counted as wages under Social Security’s annual earnings limit, which can reduce Social Security benefits for people who claim them before reaching full retirement age and continue to work. Only income from work counts against the earnings test. In addition, the formerly widespread practice of states deducting money from unemployment benefits if a recipient also received Social Security has been eliminated nationwide. In the early 2000s, 20 states and the District of Columbia had such “Social Security offset” laws, according to the National Employment Law Project (NELP). States began repealing them in 2003 amid advocacy efforts on the issue, including from AARP and NELP. The last state to do so, Minnesota, ended its offset in July 2022. What about Social Security disability benefits? It is legally permissible to draw Social Security Disability Insurance (SSDI) and unemployment benefits, and neither affects the amount of the other. However, trying to get both disability and unemployment can be tricky because key criteria for these benefits are fundamentally at odds. To get unemployment, you must be actively looking for work. To get disability, you must be largely unable to work. Social Security officials weighing disability claims can take into account any receipt of or application for unemployment compensation, and you’ll have to show why the two are not in conflict. You also can collect unemployment and Supplemental Security Income (SSI), the other Social Security-run program that pays benefits to disabled people, but the same caveats apply regarding approval of claims — and in the case of SSI, getting unemployment can reduce your benefit payment. If you are receiving one of these benefits and considering applying for the other, you may want to contact Social Security or consult a lawyer who specializes in disability claims to discuss your situation. If you have questions about jobless benefits, contact your state’s unemployment agency. Keep in mind
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.
What is the most approved disability?What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.
Can you collect unemployment and short term disability at the same time in MI?If you cannot work in Michigan due to a disability, you may be wondering if you can receive both unemployment benefits and social security disability benefits simultaneously. The answer is Yes, you can.
Can you collect unemployment and disability at the same time in PA?The answer to both questions is a qualified “yes!” In Pennsylvania, you can collect both unemployment and social security disability benefits under the right circumstances.
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Can i receive disability and unemployment at the same time
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