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Applying for Social Security disability benefits while on unemployment benefits is a heavily debated topic in social security circles. The main issue is that ideally these two programs address two separate needs.
Social Security disability is meant for people who are unable to work because of a mental or physical disability. On the other hand, unemployment benefits are for people who are unemployed but are ready and able to work. So how can someone be unable to work, but ready to work at the same time?
According to the SSA, unemployment benefits do not automatically disqualify you from disability benefits, but unemployment benefits can factor into the SSA’s decision. This means that a disability claims examiner or an Administrative Law Judge can consider unemployment benefits as evidence that you are ready to work and therefore not unable to work because of your disability. This is where some of the confusion starts. The SSA is basically saying, unemployment benefits won’t automatically disqualify you, but they can disqualify you.
Another hurdle for individuals thinking of applying for disability benefits that are currently receiving unemployment is the financial burden. In most states, the unemployment offices will likely discontinue the unemployment as soon as the individual applies for disability through Social Security. Though this can be appealed, it is likely the benefits will not continue which could cause difficulties financially for the individual.
If you’re currently receiving unemployment benefits and are thinking about applying for Social Security disability benefits it’s best to talk to a disability lawyer. Jan Dils Attorneys at Law offers free consultations so you can know if you’re a good candidate for disability benefits. These attorneys will help you get a game plan together and find the best way to apply.
Jan Dils, Attorneys at Law