Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Can I Collect Unemployment While I File For Disability Benefits (SSD or SSI)?
Most Social Security claims representatives (also known as a CR, this is the employee at a social security office who takes disability and retirement applications) now advise disability applicants of a potential conflict of interest with regard to filing for disability benefits while collecting unemployment benefits.
If you apply for disability with the Social Security Administration you are alleging that not only are you unable to do any of your past work, but you are not able to perform any other kind of substantial work activity as well.
Each year Social Security sets a monthly earnings amount that it considers substantial gainful activity or self-supporting (i.e. a limit on how much you can make before you are no longer considered disabled). Social Security only cares about your earnings; therefore collecting unemployment benefits is not a problem for them.
The Employment Security Commission, however, does have a problem with individuals who collect unemployment benefits while filing for disability. When an individual files for unemployment benefits, they state they are able and ready to work if they can find a job. Logically, an individual cannot be totally disabled from all types of work and yet be able and ready to work at the same time.
Many Social Security representatives are documenting that they have explained the conflict of interest in collecting unemployment to an applicant while filing for disability with Social Security. Claim Representatives are also documenting that they explained possible consequences to the disability applicant should the Employment Security Commission become aware of their disability application.
Disability applicants may be required to repay all unemployment benefits received since they filed their disability claim, while others could find themselves in legal trouble.
It is understandable that people want to have an income while they await a their disability decision. It can take time to be approved for disability benefits and it is a fact of life that people need to pay their bills. So, many disability applicants feel they have no other choice other than taking a chance of being caught. It is a risk that many are willing to take. And, while the majority of people are never caught, the few who are caught may suffer devastating consequences.
Return to: Social Security Disability Resource Center, or read answers to Questions
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria