Unemployment Benefits And Your Rights To Social Security Disability Benefits
The receipt of Unemployment Insurance benefits does not prevent you from getting Social Security Disability benefits.
In Cleveland v. Policy Management Systems Corp. 526 U.S. 795 (1999), the United States Supreme Court held, in a unanimous decision, that a claim for Social Security Disability benefits is consistent with a claim for relief under the Americans with Disabilities Act (ADA), even though there must be an ability to work in order to obtain relief under the ADA.
The United States Supreme Court held that under the presumptions embodied in the 5-Step Sequential Evaluation process, a person can qualify for Social Security Disability benefits even if they remain capable of performing some work.
In today’s economy it’s difficult to make ends meet when you’re unable to work and disabled. Many times individuals will apply for Unemployment Compensation benefits at the same time that they apply for Social Security Disability benefits.
The Social Security Administration has issued a Management Statement to the Administrative Law Judges (ALJs) reminding them that the receipt of Unemployment Compensation benefits does not preclude the receipt of Social Security Disability benefits. It is one of many factors the Administrative Law Judge must consider in determining whether a claimant is disabled and the underlying circumstances will be of importance.
For example, if you sought employment at jobs that had physical demands in excess of your alleged impairments, then that would be an important factor for the Administrative Law Judge.
The ALJ is to look at the totality of the circumstances in determining the significance of an Application for Unemployment and attempts to find employment.
If you have any questions regarding your eligibility for Social Security Disability benefits while applying or collecting Unemployment Compensation benefits, contact Tampa Bay Social Security Disability attorney Nancy Cavey who can help you get the Social Security Disability benefits you deserve.
Kathleen BeckeshMay 21, 2020 at 9:57 am
I’d been on ssd for 12 years For mental reasons I play guitar at a local bar for extra income do to Coronavirus its shut down for a few months can I file for unemployment or will it effect my ssd
Nancy CaveyMay 21, 2020 at 11:32 am
Hello Kathleen – since we don’t know all the facts of your case, we cannot give you legal advice but I would not recommend filing for unemployment while on SSD. Please reach out to our office if you have anymore questions!