Topic Categories:


Social Security Disability Definitions

Social Security Disability and SSI Overview

The Requirements for Disability

Social Security Disability and SSI Applications

Tips and Advice for Disability Claims

How long does Disability take?

Common Mistakes after Receiving a Disability Denial

Disability Denials and Filing Appeals

Social Security Mental Disability Benefits

Disability Benefits offered through Social Security

Benefits through SSI disability

Disability Benefits for Children

Disability Qualifications and How to Qualify

Social Security Disability and Working

Winning your Disability Benefits

Social Security Back Pay and the disability award notice

Disability Lawyers and Hiring an Attorney

Social Security Disability SSI List of Conditions

What is considered a Disabling condition by Social Security?

Social Security Disability SSI and Medical Evidence

Filing for Disability Benefits

Eligibility for Disability Benefits


SSDRC authored by

Ask a question, get an answer

Can You File For Disability While Receiving Unemployment?


How to prove you are disabled
and win disability benefits


 
While Social Security does not prohibit you from receiving unemployment when filing for disability, there can be problems. If you are receiving unemployment benefits and making a claim for Social Security and/or Supplemental Security Income (SSI) disability, you are making two inconsistent statements:

1. When you file for unemployment benefits you are saying that you are able to work but you cannot find a job.

2. When you file for Social Security disability or SSI, you are saying that you are unable to perform any substantial work activity.

The problem and inconsistency is obvious. You are claiming to be both able and unable to work at the same time. While Social Security does permit you to receive unemployment benefits and while filing for disability benefits, it is one of the factors an administrative law judge can consider along with other factors when they make a decision on your disability case. Some attorneys and representatives have suggested that receiving unemployment benefits while claiming disability may make you less likely to win your disability case. To that end, there are attorneys and representatives who recommend that their clients amend their alleged onset date to a date after their unemployment benefits end.

You should also consider the effect that filing for Social Security disability or SSI can have on your unemployment benefits. As I stated above, Social Security permits you to receive unemployment benefits while filing for or receiving disability benefits. However, that may not be the case with the Employment Security Commission.

You are required to notify the Employment Security Commission if you apply for disability benefits of any kind. If you do not notify them, you may have to repay all of the unemployment benefits you have received since applying for disability or you may even have legal problems if they find out. On the other hand, if you do notify them that you have applied for Social Security disability benefits, they may terminate your unemployment immediately. It is a double edge sword for most disability applicants who are receiving unemployment benefits while disabled, because they need the unemployment benefits to pay their financial obligations while waiting for their disability decision.















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

Social Security Disability SSI decisions | The Disability Decision Process and What gets taken into Consideration | Getting Denied for Disability Benefits | Questions about Social Security Disability Approvals and Being Approved | Social Security Disability Hearings | Social Security Medical Examinations | Social Security SSI Doctors | Social Security Disability Representation | Social Security Disability SSI Reviews