Meet the Editors. Question: I was laid off and haven't been able to find work since then due to a bad back, diabetes, bursitis of the knee, and carpal tunnel in both wrists.
Answer: It can be a problem to collect unemployment benefits while applying for Social Security disability benefits because, when you file for unemployment benefits, you are saying you are willing and able to work, but when you apply for disability benefits, you are saying that you can't work, for at least a year. What Disability Judges Think About Collecting Unemployment Disability judges usually know when you're collecting unemployment benefits because Social Security has access to unemployment benefit information and usually includes it in your claims file.
Whether to Apply for Unemployment Benefits What should you do? Explanations for Collecting Unemployment Benefits If you have collected unemployment benefits and you attend an appeal hearing, be prepared to explain why you're collecting unemployment benefits, or why you collected them recently. Here are some examples: You were applying for jobs that were within your physical or mental limitations for example, no heavy work, fast-paced jobs, or high-stress jobs dealing with the public.
You were applying only for part-time jobs. You applied to jobs where you might be able to work if the employer agreed to accommodate your disability by providing special equipment or an aide to help you do your job, even though the accommodations you would have needed wouldn't be reasonable for most companies due to their expense.
You were applying for "light" work, since that's all you can do, and you're over In this case, the fact that you can do light work may not hurt your disability claim. Thanks to a special "grid rule" for those 55 and older and limited to light work, you can qualify for disability unless: you can do your old job you have job skills you could use to easily switch to light work, or you've had recent job training that allows you to do light work.
You were applying only for sit-down jobs, since that's all you can do, and you're over In this case, the fact that you can do sit-down work may not hurt your disability claim. Again thanks to a grid rule, those 50 and older and limited to sedentary work will be found disabled unless you can do your old job or you've had recent job training for sedentary work or have job skills for sedentary work.
Some states, however, don't pay unemployment benefits to those who say they can only do sedentary work, because they aren't available for a significant percentage of jobs out there. Consider Talking to a Lawyer If you applied for full-time jobs while you were collecting unemployment or you applied for jobs that were more demanding than your physical and mental limitations allow for, it's best to talk about this with a disability lawyer, especially if you are thinking about amending your onset date to after you stopped collecting unemployment benefits.
Disability Law. Social Security Disability. Long-Term Disability. Veterans Disability. State Short-Term Disability. Hiring a Disability Lawyer.
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 and September 6, 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, is subject to the regular pre-pandemic income and resource rules. Click here for our article on unemployment benefits during the Covid pandemic. 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. 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. 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.
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