It is very difficult to get both. But there are special circumstances.

This is a question The Law Offices of Aaron R. Vega is often faced with.  As Social Security Disability Lawyers in New York – we often tell our clients that it is very difficult to get both unemployment and social security disability at the same time.  This is because one of the requirements of unemployment benefits is to activity be looking for a job.  You would have to satisfy the unemployment office that you are able to satisfy their requirements.  More times that not we direct them to the unemployment office in New York to ask them about the client’s specific situation.

The Social Security Administration and the Unemployment office can and will share information when they determine eligibility. If you apply for both, you must be ready to explain how you will be able to comply with unemployment’s work requirements while also claiming a disability.

Examples where it might make sense to apply for both.

• If you become disabled after becoming unemployed, or become unable to work while employed due to an illness or injury not caused by the job.

• If you are unsure whether you can hold a job, you might apply for both programs, with the intention of dropping one once your disability status is clear. Applying for both would protect your rights with both programs, since benefits sometimes only begin with the date of application (not when you actually became unemployed or disabled).

• If you think you can do some part-time, sheltered, or accommodated work that is less than what Social Security considers substantial and gainful, you might apply for both programs.

There are no financial requirements for SSDI, so unemployment benefits will have no financial impact on the receipt of SSDI. For SSI recipients, however, there are important considerations. SSI will consider unemployment benefits to be unearned income. All unearned income over $20 will be counted against your SSI check. This means that your SSI benefit will be reduced by one dollar for every dollar you receive in unearned income. Since you are going back on Social Security Disability, there are no financial requirements.

The best thing to do is to contact the unemployment office in your state and specifically ask them about your situation.  I would not assume you can get both until you can satisfy the unemployment requirements in your state.

 

Article Resources: Askville