However, when you file for Social Security Disability you are telling the federal government that you are unable to work because of your medical conditions. These assertions may be at odds with each other, but you might be eligible for unemployment benefits while waiting for Social Security to make a decision on your disability claim. Note, however, that you cannot receive unemployment if Social Security awards disability benefits. Only those who are genuinely searching for gainful work may be entitled to unemployment.
The Division of Labor may determine that you are not genuinely looking for work, but just trying to draw a check while you wait on Social Security.
If so, they will stop your payments and send you a bill for the money they had already paid you. Government agencies like the Department of Labor, the Social Security Administration, and state unemployment agencies watch for potentially fraudulent behavior. I work more than one job. Will I get benefits that cover all my jobs? Report all employment on your application form when you apply by listing the name, address, telephone number, and last day you worked for each employer.
Do I have to be working at my job for a certain amount of time to be eligible for disability benefits? Are government workers eligible for disability benefits? Are school employees eligible for Disability Insurance benefits during school breaks? School employees are not eligible for Disability Insurance benefits if: Full wages were or will be paid to the employee during the contract period when services were performed. A period of disability overlaps with a school break and the employee is not scheduled to work, does not have a history of working during the break, or does not have an additional employer.
The disability period extends through the school break period. Will benefits cover an elective or cosmetic surgery? Can I receive benefits if my employer is going to pay me vacation, sick, or holiday pay during my claim?
Can I get benefits if I am living in a residential alcohol rehabilitation facility? The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Call us at 1 Disability vs. Collecting Disability and Unemployment Benefits at the Same Time Whether you should try to collect unemployment and disability at the same time is a controversial issue in the disability field, with lawyers, non-lawyer advocates, Social Security claims examiners, and administrative law judges ALJs all having different opinions.
What Do Disability Lawyers Advise? Talk to a Disability Lawyer Need a lawyer? In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Question: I was laid off and haven't been able to find work since then due to a bad back, diabetes, bursitis of the knee, and carpal tunnel in both wrists.
Answer: It can be a problem to collect unemployment benefits while applying for Social Security disability benefits because, when you file for unemployment benefits, you are saying you are willing and able to work, but when you apply for disability benefits, you are saying that you can't work, for at least a year.
What Disability Judges Think About Collecting Unemployment Disability judges usually know when you're collecting unemployment benefits because Social Security has access to unemployment benefit information and usually includes it in your claims file. Whether to Apply for Unemployment Benefits What should you do? Explanations for Collecting Unemployment Benefits If you have collected unemployment benefits and you attend an appeal hearing, be prepared to explain why you're collecting unemployment benefits, or why you collected them recently.
Here are some examples: You were applying for jobs that were within your physical or mental limitations for example, no heavy work, fast-paced jobs, or high-stress jobs dealing with the public.
You were applying only for part-time jobs. You applied to jobs where you might be able to work if the employer agreed to accommodate your disability by providing special equipment or an aide to help you do your job, even though the accommodations you would have needed wouldn't be reasonable for most companies due to their expense.
You were applying for "light" work, since that's all you can do, and you're over In this case, the fact that you can do light work may not hurt your disability claim. Thanks to a special "grid rule" for those 55 and older and limited to light work, you can qualify for disability unless: you can do your old job you have job skills you could use to easily switch to light work, or you've had recent job training that allows you to do light work.
You were applying only for sit-down jobs, since that's all you can do, and you're over In this case, the fact that you can do sit-down work may not hurt your disability claim.
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