Can you collect Unemployment and apply for Social Security Disability?

To get unemployment you are generally telling the government that you are ready, willing and able to work, you just can not find a job to hire you.  If your health prevents you from working any job your rightful remedy is Social Security Disability and not unemployment. So can you collect unemployment when you are applying for Social Security Disability.  

It also depends on if your applying for SSD or SSI or both. SSI is based on financial need, thus if your unemployment benefit is too high, you cannot receive this type of Social Security Disability.  Disability Insurance Benefits (SSD) depends on your work record and may be appropriate depending upon your age and your specific medical condition.

In order to qualify for unemployment benefits, many states require a person to be available for full time work and capable of performing full time work . Before you can be approved for unemployment benefits, you will need to sign paperwork attesting that you are capable of working full time.

Social Security disability benefits, on the other hand, requires you to provide evidence that you are incapable of continuing to work on a full time basis due to a medically verifiable disabling condition. 

The problem becomes readily apparent to most.  In order to apply for Social Security disability benefits while you are currently receiving unemployment benefits, you will need to attest to a federal agency that you are incapable of working at gainful employment while at the same time attesting to your state’s unemployment agency that you are ready, willing, and able to take on full time employment and that you are actively seeking employment. Obviously, you can’t be ready, willing, and able to accept full time work and completely unable to perform any work for which you are qualified due to a disability at the same time. Making conflicting claims like this is unlikely to gain you disability benefits. If anything, you might lose your unemployment benefits and face legal trouble for fraud.

In most cases, a person can't claim both disability benefits and unemployment at the same time. However, there are some unique situations in which it is possible to claim both. During the pandemic I would say yes. When the economy failed in 2008 the Social SecurityAdministration had a memo out that said it was ok to be on unemployment and apply for Social Security Disability. But these are unique situtations. In most cases you either have to apply for Unemployment or Social Security Disability, not both. 

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: United States

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