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Can I Collect Social Security Disability Benefits and Unemployment Benefits?

CaveyLaw.com > Social Security Disability (SSD)  > Can I Collect Social Security Disability Benefits and Unemployment Benefits?

Can I Collect Social Security Disability Benefits and Unemployment Benefits?

Unemployment Benefits with Social Security Disability

Making the decision to stop working and apply for Social Security Disability benefits can be tough, particularly if you don’t have another source of income while you’re waiting for your Social Security Disability claim to be processed.

It’s not uncommon for individuals who are having financial difficulty to apply for both Social Security Disability benefits and unemployment benefits. Many people in the Social Security Administration look at this as being inconsistent and even dishonest.

Why is it inconsistent?

When you apply for Social Security Disability benefits you are claiming that you are physically and psychologically unable to work. However, when you apply for unemployment benefits you are claiming that you are capable of working in some capacity. Obviously, that’s inconsistent.

What Are The Requirements To Apply For Unemployment?

When you apply for unemployment benefits you have to show that you lost your job through no fault of your own. For example, you may have lost your job because of a layoff, staff downsizing, or being fired.

In Florida you are required to prove that you have worked in the states within the last past 12-18 months, your employer paid you within the previous 2 or more months, and that you are willing and ready to accept gainful employment. You’ll have to document an ongoing job search and you’ll be continuously asked about your intentions to return to work.

Can I Work While My Application For Social Security Disability is Pending?

Many who are disabled do want to try to work even in a part-time capacity. So long as you don’t earn more than $1100, you won’t lose your eligibility for Social Security Disability benefits. While you may not be able to work full-time, you may be able to work part-time and that is not inconsistent with a claim for unemployment benefits.

What Will A Judge Say?

Some Social Security Judges understand how difficult it can be to live without an income and will say “No harm, no foul”; other Judges won’t award benefits for any period in which the Social Security applicants collect unemployment. It is the luck of the draw.

What Should I Do About Filing For Unemployment Compensation Benefits?

You should contact an experienced Social Security Disability attorney such as Nancy Cavey who can help you with your SSD application process and get answers to your questions about filing for unemployment benefits.

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