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CAN YOU GET UNEMPLOYMENT BENEFITS WHILE TRYING TO GET SOCIAL SECURITY DISABILITY BENEFITS?

State unemployment insurance helps individuals who are able to work, looking for work but are without a job through no fault of their own.  These individuals are still in the work force.

Social Security Disability (SSDI), on the other hand, is for individuals who are unable to work because of a severe physical or mental impairment. These individuals are no longer in the work force.

Because of these contrasting requirements—one necessitating an inability to work and the other requiring that you be available for work—you generally cannot seek both benefits at the same time.

I once had a client who went before an administrative law judge for disability.  The judge found the man to be disabled and awarded SSDI benefits.  However, because the claimant had drawn some unemployment benefits while his SSDI claim was pending, the judge required him to repay the unemployment benefits to the state before receiving his SSDI benefits.

In short, Social Security disability (SSDI) benefits are for persons who are not able to work.  But unemployment benefits are for persons who can work and are looking for work--but are just between jobs.

Navigating a Social Security disability claim can be very difficult.  It's always good to have an attorney or advocate on your side who understands the nuances and regulations of the Social Security Administration.  And you're simply much more likely to be approved when you use a lawyer who understands the Social Security system.

 


 

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