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. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Disability Attorney North Carolina Should you Look at the Disability File that Social Security has on You? How do I apply for a Social Security Disability widow's claim? Who handles my case if I apply for Social Security Disability? Social Security Disability Application Online Can I apply for disability online? Can I Collect Unemployment While I File For Disability Benefits (SSD or SSI)? What medical conditions can you apply for disability for? To Apply For SSI or SSD Disability Benefits, Where do I Start? When You Apply For Disability, write Down Everything That Is Wrong With You When I Apply For Disability, Should I List My Old Meds From Years Ago? When I Apply for Disability - Should I apply for Social Security Disability or SSI? What happens if you are working when you file for disability or work after you apply? If Social Security Turns Down My Case Can I apply For Disability A Second Time? Getting a Disability Lawyer in Minnesota Will I need a Social Security Disability Lawyer in Michigan? |
