Can You Get Unemployment And Disability?

If you are both disabled and out of a job due to an unfortunate set of events, can you get unemployment and disability benefits together? What are the tricks to get both benefits, since there is obviously a conflict of interest? Lets find out.

Unemployment and Social Security Disability benefits are made for two completely different people. Unemployment benefits go to those who want to work but cannot find any. 

In contrast, disability benefits are made for those people who can’t perform any work due to some disease or illness. Conflict may arise simply because of the eligibility criteria for both these benefits. Whether it is possible to get both the benefits or not is our topic of discussion today, so let’s get straight into it. 

Is It Possible for a Person to Get Both Unemployment and SSDI?

There are a lot of benefits available to people who are out of work, and it cannot be easy to understand the differences between them. One question that often comes up is whether or not someone can receive unemployment benefits and Social Security Disability Insurance (SSDI) simultaneously.

The answer to this question is complicated because there are a lot of factors that go into determining eligibility for these benefits. However, most people will not be able to receive unemployment and SSDI benefits simultaneously.

This is because unemployment benefits are intended to help people while they are looking for work. In contrast, SSDI is meant to provide financial assistance to people who cannot work due to a disability. In some cases, however, it may be possible for someone to receive both unemployment and SSDI benefits if their situation meets specific criteria.

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Eligibility Criteria for Social Security Disability and Unemployment

To be eligible for unemployment benefits, you must have lost your job through no fault. SSDI is available to those unable to work due to a disability. 

To qualify for both SSDI and unemployment benefits, you must meet the requirements for both programs. In addition, you cannot earn more than a certain amount of money each month. The amount you can earn while receiving these benefits varies from state to state. 

The Social Security Administration (SSA) will not readily deny the claims made by a person under the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Still, there is no denying that eligibility requirements for receiving the two benefits are very much distinctive from each other. 

• Unemployment Claims: To be eligible for unemployment benefits, you must be unemployed through no fault and have earned enough wages in the past 18 months to qualify.
• Disability Claims: To be eligible for Social Security Disability benefits, you must meet the Social Security Administration’s definition of disability during the disability period. You must also meet certain work history requirements. You must be unable to work due to a medical condition that has lasted or is expected to last for at least 12 months or end in death. 

The applicant must prove that their eligibility for unemployment benefits is not creating any conflict regarding the disability claim. 

Latest Legislation Regarding Unemployment and Disability

The last legislation passed by the U.S. Senate was introduced in June 2013. This legislation aimed to prevent people from receiving both benefits. The name of this legislation is the Reducing Overlapping Payments Act.

If this legislation becomes an act, then SSA will get the right to suspend the money received in the disability category as soon as the recipient starts receiving unemployment insurance. Moreover, this act will ensure that no information remains hidden from SSA regarding SSDI and unemployment insurance. 

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Never-Ending Conflict Between Disability and Unemployment

The biggest problem when you try to get both disability and unemployment benefits at the same time is there will always be a high chance of a conflict. 

To receive unemployment benefits, a person needs to be able to get full-time work, and there has to be a will to work. In contrast, if you want to claim Social Security Disability benefit payment, you need to be unable to perform any work. 

It might seem that there is no solution to this conflict, but there are certain loopholes, and by using them, you can claim both benefits. Take the help of a disability lawyer in your state who can guide you through the laws and bureaucracy so that you can get both benefits simultaneously. 

While Waiting for Disability, Can You Get Unemployment Benefits? Will There be a Conflict?

First, you need to understand that applying for both disability and unemployment benefits will create some form of discrepancy. A person with a disability can claim that they are willing to return to work if health permits, and there is nothing wrong with that, as the policy of the SSA states encourages people with disabilities so they can return to work. 

On the other hand, there is no grey area in SSA. They usually see everything through an ‘either-or’ perspective, and that is why it is always whether you are disabled or not. In this case, finding a middle ground becomes quite tricky. 

If you have signed for compensation benefits where you have given the statement that you can work, then there is no turning back, and you will never be considered as disabled. There is no straight answer to this question, and when SSA decides on your disability, you can keep using the disability benefits. 

In most states, you can get unemployment benefits while waiting for your disability benefits to start. You need to file a claim with the unemployment agency and provide proof that you are disabled and will be unable to work. The unemployment benefits you receive will likely be lower than your regular salary, but they can help tide you over until you start receiving disability benefits.

Frequently Asked Questions

Final Words

It is possible to receive unemployment and disability benefits at the same time. However, it is essential to understand the eligibility requirements for each program and how they interact. If you are considering applying for both benefits, speak with an experienced attorney who can help you navigate the process.