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A person is allowed to receive unemployment benefits and federal disability benefits at the same time, but as discussed below, receiving unemployment benefits could affect a person’s disability benefits in negative ways. If you receive Supplemental Security Income (SSI) benefits, any unemployment benefits you receive (other than the first $20) will reduce your SSI payment dollar-for-dollar. You have a duty to report income to the Social Security Administration if you are an SSI recipient. If the money received in a month is not spent before the first day of the next month, then it will count toward the $2,000 SSI resource limit ($3,000 for eligible couples). If you receive Social Security Disability Insurance (SSDI), unemployment benefits will not affect the amount of the SSDI payment. It is important to remember that for both SSI and SSDI, the Social Security Administration is allowed to consider a person’s unemployment benefits when deciding whether or not that person is disabled. When a person receives unemployment benefits, the person is certifying he or she is “ready, willing, and able to work.” This certification could be considered as evidence that a person is not disabled. On the other hand, a person can qualify for disability benefits even though he or she is capable of performing a certain amount of part-time work, so receiving unemployment benefits would not automatically disqualify a person from receiving disability benefits. Because receiving unemployment benefits may negatively impact your eligibility for disability benefits, it is wise to speak to an attorney if you plan on receiving both. When you are receiving disability benefits, the Social Security Administration will periodically conduct a review of your condition to make sure you still qualify for disability benefits. If you received unemployment benefits since the last review, that may be considered in a continuing disability review. Finally, people living in New York who received unemployment between March 2020 and September 6, 2021 will not have that money count as income or a resource for SSI purposes. However, if you received unemployment during that time period, it could still be considered in deciding whether you are disabled. Any unemployment received after September 6, 2021 is subject to the regular pre-pandemic income and resource rules. Click here for our article on unemployment benefits during the Covid-19 pandemic. (c) Legal Assistance of Western New York, Inc. ® This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office. Last Review Date: October 28, 2021 Becoming disabled is more than just a physical problem. Unable to work due to declining health, individuals with disabilities often face financial hardships as well. While a disabled person might immediately file for Social Security Disability Insurance (SSDI) benefits, there is a minimum five-month wait period. Due to the vast number of disability
applicants, approvals can take up to three years in some cases. Unfortunately, the financial responsibilities of life do not stop during difficult times. Many individuals are forced to look for other means of financial assistance during this time. Some people turn to unemployment benefits as a means of support. While this may seem like a good idea, applying for unemployment can hurt a claimant’s ability to earn disability benefits. As the two programs serve very different purposes,
applicants who apply for both may appear to be contradicting themselves. When an individual applies for unemployment benefits, the person is affirming that they have a desire to work and are actively seeking work, but that they are unable to find a suitable job. The typical unemployment candidate is capable of work but has often been laid off from their job for one reason or another. Because unemployment programs
are state-based, the exact rules that govern them vary from state-to-state. On the other hand, when a person applies for the federally-run SSDI program, they are stating that they have a health impairment that is so severe that it results in an inability to work at all. Further, they are attesting that their health condition will prohibit them from working for at least one year, but likely much longer.  Understanding the difference between the two programs should make the contradiction quite obvious. When applying for SSDI benefits, you are stating that you are incapable of working at gainful employment because of a severe health condition. When applying for unemployment benefits, you are affirming that you are ready, able, and willing to work, but that there are no opportunities available to you. While the Social Security Administration (SSA) does not explicitly prohibit individuals who are receiving unemployment benefits from earning an SSDI award, an Administrative Law Judge (ALJ) will most certainly take into account the fact that the claimant is stating that they are actively seeking employment, and yet are also too ill to work. The issue of “double-dipping,” as many people call it, has prompted lawmakers to take the matter to Congress. Multiple bills have been introduced throughout the years that have sought to bar individuals from receiving both unemployment and SSDI at the same time. Thus far, none of the proposed bills have been made into law. Are there Exceptions to the Rule?As with most things, there are certain exceptions to the rule. For example, an individual might have lost their job and be receiving unemployment benefits, and then become disabled. These individuals might continue to collect unemployment while applying for disability benefits. In other unique circumstances, an individual over the age of fifty might have a disability that prevents them from keeping their previous job, and yet may still be capable of performing other work for which they have not been trained. Still, these circumstances are rare. In fact, a 2012 report from the Government Accountability Office showed that fewer than one percent of SSDI beneficiaries also receive unemployment insurance benefits at the same time. What Should I Do If I Want to Apply for Both Programs?First and foremost, the essential rule in applying for either of these programs is to be honest. Under no circumstances should a claimant try to hide that they are actively pursuing financial assistance from both programs. The SSDI application process is complex, and only becomes more confusing when adding in a second benefit program. Seeking the assistance of an experienced Social Security Disability attorney is essential in these situations. If you have any doubt about how unemployment benefits impact your SSDI claim, you should contact a Disability lawyer or advocate immediately. Helpful Resources
How do you survive while waiting for disability approval?Fortunately, some options do exist to help you survive.. What To Do For Income While Waiting for Disability. TANF. Short-Term Disability. Workers' Compensation. ... . Financial Assistance While Waiting for Disability. Free Money. Energy Assistance. Housing Assistance. ... . Loans While Waiting for Disability. Student Loans. Mortgage Loans.. What is the most approved disability?What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.
Can you collect unemployment and short term disability at the same time in MI?If you cannot work in Michigan due to a disability, you may be wondering if you can receive both unemployment benefits and social security disability benefits simultaneously. The answer is Yes, you can.
How can I speed up my disability process?Here are some more ways to speed up your disability application.. Requesting an OTR Decision. ... . Requesting an Attorney Advisor Decision. ... . Compassionate Allowances List. ... . Terminal Illnesses. ... . Presumptive Disability. ... . Dire Need. ... . Military Service Members. ... . Contacting a Member of Congress.. |
Can you draw unemployment if you have filed for disability
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