Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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 a disability decision.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

Does social security contact your former work employers when you file for disability?
Can You File For Disability While Receiving Unemployment?
When should you File for Disability benefits with the social security administration?
Do You Have To Be Out Of Work For A Long Time Before You Can File For Disability?
Filing for Disability Online or over the phone
Who Do I Contact To File For Disability Benefits from the Social Security Administration?
How long does it take to hear an answer after filing for disability?
You can file for disability for a mental disorder or problem if it interferes with SGA
If You File For Social Security Disability How Far Back Will They Look At Your Medical Records?
What if you Move out of State after you apply for Social Security Disability or SSI?
When should you apply for Social Security Disability?
What Happens When You File an SSI or Social Security Disability Application?

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.

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