Usually, Social Security disability and unemployment benefits are mutually exclusive because they serve different populations. Unemployment benefits are paid to people who are willing and able to work but unable to find a job. On the other hand, Social Security disability benefits are for people who are unable to work. Claiming both disability and unemployment benefits at the same time is unusual, but it is possible in some cases. Show
For example, individuals may receive reduced monthly disability payments if they can only work in a limited capacity. People with sedentary jobs like a filing job that doesn't require them to stand or lift anything over 10 pounds may qualify. The Social Security Administration conducts residual functional capacity assessments to determine if a person has limited ability to work. If the recipients are unable to find appropriate work through no fault of their own, they may collect unemployment benefits in addition to disability. The conflict between these two types of benefits lies in the eligibility criteria for each, which is explained in greater detail below. See Social Security Disability Explained and Can I Get Unemployment Benefits? for additional information. Eligibility: Social Security Disability and UnemploymentThe Social Security Administration (SSA) does not explicitly deny Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims by those already receiving unemployment benefits. However, you can see by looking at the eligibility requirements why Social Security and unemployment claims often don't mix:
A 1999 U.S. Supreme Court case held that Social Security disability claims "did not inherently conflict" with other types of benefits. However, it is up to the claimant to prove that his eligibility for unemployment benefits is not in conflict with a disability claim. Receiving Both Types of BenefitsIndividuals receiving both unemployment insurance and SSDI face possible repercussions for double dipping. It is possible for an individual to erroneously receive unemployment insurance despite being ineligible for unemployment due to his ability to qualify for SSDI. In some states, an individual who erroneously receives unemployment insurance must pay back the state. This can occur while a recipient of unemployment insurance awaits a decision on his application for disability insurance. In applying for disability insurance, new circumstances may disqualify the recipient for unemployment insurance. Withholding information from a state employment insurance office can constitute fraud, potentially resulting in criminal prosecution as well as a hefty fine. Recent LegislationIn June 2013, a handful of U.S. senators introduced bipartisan legislation to prevent individuals from receiving both SSDI and unemployment insurance. This legislation is called the Reducing Overlapping Payments Act. If the Act passes, the SSA will be required to suspend disability payments during any month in which a recipient also receives unemployment insurance. In addition, the Act would ensure the SSA has all the necessary information to be alerted to overlapping SSDI and unemployment insurance payments. Make Sure You're Properly Covered: Get Professional Legal Help TodayIf your case is especially complex, or you have additional questions about disability and unemployment, you may benefit from a consultation with a Social Security Disability Insurance lawyer. An attorney will understand how to navigate the system and ensure everything is filed correctly. Contact an experienced SSDI attorney today. Skip to content
Can You Collect Unemployment Benefits and Receive SSD BenefitsSocial security disability (SSD) is a federal program that provides monthly benefits to individuals unable to work due to a medical condition or disability. However, initial approval rates are low – in 2020, only 39% of people were approved for benefits at the application stage. Approval rates increase on appeal, with 42% of Illinois applicants who appealed a denial to an administrative law judge ultimately being awarded benefits. (The overall approval rating for SSD benefits in Illinois is 49.6%). However, the wait times between application and award of SSD benefits can be lengthy. On average, it takes five months to get a decision following submission of the initial application. If you appeal, you’ll wait even longer – an average of 14.5 months in Illinois to get a hearing before an administrative law judge (ALJ). And that doesn’t factor in the wait time to get a decision on reconsideration, the first phase of the appeal process and which you must go through before requesting an administrative hearing. That means it could take almost two years before your SSD application is approved and you begin receiving benefits. The low initial approval rates combined with the lengthy wait times mean that many people who are unable to work apply for unemployment benefits to bridge the gap. While it is possible to obtain SSD benefits while receiving unemployment, some issues could complicate the process. Unemployment BenefitsUnemployment benefits provide a source of income to individuals who have lost their job. Assuming you qualify, benefits typically begin two to three weeks after applying. Benefits continue for an average of six months, although it is sometimes possible to get extended benefits, such as what happened during COVID. Many states also pay unemployment benefits for part-time workers who lose their job, although at a reduced rate. However, receipt of unemployment benefits is conditioned on you being committed to actively searching for full-time work. That contradicts one of the key requirements of SSD benefits, which is that you have a medical condition or disability that makes you unable to work for at least 12 months. Social Security Disability BenefitsSocial Security Disability provides monthly benefits to people who are unable to work due to a disability or medical condition. The disability must have lasted, or be expected to last, at least 12 months, and must interfere with your ability to engage in substantial gainful activity, or SGA. The amount that the Social Security Administration considers SGA changes annually, but in 2022, you can earn no more than $1,350 per month ($2,260 for individuals who are statutorily blind) to be eligible for SSD benefits. The SSA doesn’t count unemployment benefits as income when determining whether you meet the SGA threshold, so they won’t negatively affect your SSD application in that regard. However, there is still the issue of the simultaneous, seemingly contradictory claims that you’re fit and able to work full-time (unemployment benefits) yet have a medical condition or disability that prevents you from working for 12 months or longer (Social Security Disability benefits). Qualifying for both Unemployment and Social Security Disability BenefitsThe SSA states that receipt of unemployment benefits does not automatically prevent someone from also receiving SSD benefits. Whether you qualify for both comes down to whether you meet the eligibility requirements for both programs, which is difficult, though not impossible. For example, assume you worked full-time and were then laid off. You apply for and are awarded unemployment benefits. You then become disabled and, due to the limitations imposed by that disability, are unable to return to full-time work and apply for SSD benefits. This is an apparent contradiction – by receiving unemployment benefits, you are indicating an ability and willingness to return to work, but by applying for disability, you are claiming that your disability prevents you from working full-time. Yet receiving SSD benefits doesn’t mean you can’t work. It just means that you cannot earn more than the monthly SGA amount. If you can prove that the jobs you can do despite your disability would pay less than SGA, you could be eligible to receive both unemployment and SSD benefits. Another example is if you could return to full-time work with accommodations. Many people with disabilities can work full-time, provided their employer provides them with accommodations that permit them to do their job. For example, larger computer screens for people with vision issues or frequent breaks for people who need to elevate their legs to alleviate pain or swelling. If you can prove that you would return to full-time work, but for the fact that you require accommodations that the jobs you’ve been applying for have been unable to provide, you would remain eligible for both unemployment and SSD benefits. If you appeal an initial denial of SSD benefits to an administrative law judge, they can consider the fact that you receive unemployment benefits when deciding whether you are eligible for SSD benefits. Whether or not the ALJ counts that against you depends entirely on the judge and, to some extent, the circumstances of your case. If the ALJ is inclined to disallow your SSD claim because you already receive unemployment, one option is to change your disability onset date to one after the unemployment benefits end. That would eliminate the contradiction of claiming you are both able and unable to return to work. Applying for SSD benefits while receiving unemployment is possible, though it can be complicated. Beyond making sure that you meet the eligibility criteria for both programs, how your case is presented can play a role in whether your SSD application is approved. An experienced social security disability attorney can help you determine whether you’re eligible for both programs and help with your SSD case. The social security disability attorneys at The Good Law Group have more than 30 years of experience handling social security disability cases. We offer free case consultations and, if we accept your case, you don’t pay unless you are awarded benefits. Call us at 847-577-4476 to schedule an appointment. Share this blog post!Related PostsCan you collect unemployment and disability in NY?If you are receiving Unemployment Insurance benefits and become disabled between four and 26 weeks after ending employment, you may be eligible for disability benefits from the first day of disability. However, you cannot receive Unemployment Insurance benefits and disability benefits at the same time.
How Much Does NY State disability pay?Disability benefits are equal to 50 percent of the employee's average weekly wage for the last eight weeks worked, with a maximum benefit of $170 per week (WCL §204).
Can I file for unemployment after disability?If you are laid off or terminated from your job while collecting Temporary Disability Insurance benefits or Workers' Compensation benefits, you should file for Unemployment Insurance benefits after you recover.
How much do you get for permanent disability in NY?The maximum benefit payable under this program is $5,000 a month while the minimum monthly benefit is $150. Benefits are payable for up to 24 months per period of disability caused, at least in part, by alcoholism, drug abuse, or a mental, psychoneurotic, or personality disorder.
How much does short term disability pay in NY?You will receive 60 percent of your regular monthly salary up to a maximum of $7,500 per month (this amount is offset by other income such as disability insurance, Workers' Compensation and actual or estimated Social Security benefits).
Can you collect unemployment and workers comp at same time in NY?Yes – you can collect both NYS Unemployment Insurance benefits and Workers' Compensation benefits at the same time.
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Can you collect unemployment and disability at the same time in ny
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