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 You File For Disability While Receiving Unemployment?
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 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