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Technically and legally, yes, but there are a few considerations to keep in mind.

While the Social Security Administration doesn't prohibit people on (SSDI) disability from receiving unemployment checks, state unemployment regulations usually require all unemployment recipients to be willing and able to accept full-time work.This creates a conflict, because you're generally not eligible for Social Security disability benefits if you're capable of full-time work.

When you file for unemployment compensation, all states require you to provide your Social Security number (authorized under Internal Revenue Code of 1954, 26 U.S.C. 85, Sections 6011(a), 6050(b), 6109(a), P.L. 98-369, Section 1137(a)(1)). They will share information about your claim with other government agencies to determine how unemployment affects other benefits you may receive, such as Medicaid and food stamps.

If you are already receiving Social Security Disability(SSDI), and you are filing an unemployment claim that shows you earned more than an average of $1,000 per month, the Social Security Administration will consider you to have engaged in Substantial Gainful Activity (SGA), which will cause problems.

The SSA allows people on disability to attempt to reenter the workforce without penalty by providing nine non-consecutive trial work months during which you can earn in excess of $1,000 per month without jeopardizing your benefits. However, any month that you earn more than $720 is counted toward your trial work period (TWP), so if you have already used up your nine-month allotment andyou continued to earn in excess of $1,000 per month, the Social Security Administration may terminate your disability status or may initiate a Continuing Disability Review (CDR) to determine if your disability status should beterminated.

If you earned more than $1,000 per month for more than nine months, you may be required to repay the Social Security Administration for overpaid benefits and you may also be terminated from disability.

On the other hand, if you file for unemployment compensation based on earnings averaging $1,000 per month or less (below SGA), the unemployment claim is legitimate and shouldn't raise any red flags.

If you are in the process of filing for Social Security disability, the conflict between simultaneously claiming to be incapable of "Substantial Gainful Activity" (SGA), which generally translates to full-time work, and contractually agreeing that you're willing to accept full-time work (under state unemployment regulations) in exchange for unemployment compensation, mayresult in being denied disability status (most initial claims and first appeals are denied, anyway).

If you persist with the disability claim and proceed to a hearing before an Administrative Law Judge (ALJ), it will take approximately 18 months to two years from the date you originally filed the claim until your hearing date.

By then, your unemployment compensation will (probably) have been exhausted and you will either have been forced to accept employment (thus ending your disability claim for all practical purposes) or will continue to be unemployed or be under-employed. This may be a factor in the judge's decision to award or deny disability, but it will not necessarily prevent you from receiving disability benefits. The disability determination process is usually long, and should not be viewed as a way of generating quick cash.

For information regarding your specific circumstances, contact the Social Security Administration at 1-800-772-1213, or seek consultation with a disability attorney.

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13y ago
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12y ago

Yes, because regular Social Security benefits (as opposed to Social Security Disability benefits) is not affected by other disabilities.

Depending upon the facts, Social Security Disability may be somewhat different.

Benefits are granted under SSDI if it has been determined that thea pplicant is wholly unable to perform any kind of job for compensation (and if other conditions are met, such as having paid in to the system for a sufficient length of time).

Under a private disability policy, depending upon its definition of "disability", you may be ble to collect if you are unable to perform the work duties of the job that you had at the time of onset of your disability. Other definitions of "disability" may allow benefits if you are unable to perform a specific occupation or progession. That is, if a physician has a policy that provides disability benefits if he can no longer be an orthopedic surgeon, he may may still be able to collect benefits if his disability does not prevent him from reviewing medical records for compensation.

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12y ago

Yes, for the reasons that follow:

The two programs are different. Social Security is a Federal program that you pay into from your paycheck, as does the employer, and you are eligible to receive after you turn 62 (unless earlier due to being disabled, which is covered under a different part of the program). The longer you delay receiving Social Security the larger the monthly benefit you would get. The amount you receive depends on your age, how many 'quarters' you worked, and the amount of your earnings.

On the other hand, unemployment security, a federal/state program, administered by the state, comes from contributions paid into the program by the employer and the amount he pays in is a percentage of his payroll based on the employer's turn-over rate of employees (the lower the turn-over, the lower the percentage). This way the employer is encouraged to retain employees in order to reduce his costs. The employee, generally, receives unemployment benefits from the state's collected 'employer's unemployment contribution pool', IF he was laid off, i.e. reduction in staff, etc., or was fired without cause (not caught stealing, harassment, drugs, etc.), or other reasons not due to his own actions. Thus you can both draw Social Security while still working (as I had done) or if drawing unemployment because the reason for drawing both are different, from different government agencies, and for different causes.

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13y ago

Yes, you can receive Social Security Disability (SSDI), Supplemental Security Income (SSI), or Social Security retirement benefits and unemployment compensation ifyou can meet the eligibility requirements of both programs.

A few states, such as Illinois, Louisiana, South Dakota (until fund increases), Virginia (until fund increases), and Utah apply an offset of 50% for people receiving both social security benefits and unemployment compensation. This means your weekly unemployment check is reduced by 50% of the weekly value of your Social Security Disability (SSDI) check. [Minnesota applies a 50% offset only for people who began receiving disability benefits after their work separation.] Supplemental Security Income (SSI) is not counted as income for offset purposes.

While Federal Laws and the Social Security Administration don't prohibit people on disability from receiving unemployment checks, state unemployment regulations require all unemployment recipients to be actively seeking, willing and able to accept suitable work (comparable to previous employment or something appropriate to your skill set). This may creates a conflict if the unemployment entity in your state requires you to find full-time work, because you're generally not eligible for Social Security disability benefits if you're capable of full-time work.

When you file for unemployment compensation, all states require you to provide your Social Security number (authorized under Internal Revenue Code of 1954, 26 U.S.C. 85, Sections 6011(a), 6050(b), 6109(a), P.L. 98-369, Section 1137(a)(1)). They will share information about your claim with other government agencies to determine how unemployment affects other benefits you may receive, such as Medicaid and food stamps.

Under most state unemployment statutes, you must be ready, willing and able to accept employment, be actively seeking work, and must accept any reasonable employment offer for which you are qualified (unless there are legitimate, extenuating circumstances for refusing the offer), or your unemployment compensation can (and probably will) be terminated.

If you are physically incapable of doing qualifying work under your state unemployment agreement, the state may consider you ineligible for benefits, or may consider your claim fraudulent if they later discover you're too disabled to fulfill your contractual agreement. Under these circumstances, you will be terminated from unemployment and may be required to repay any compensation you received.

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13y ago

Absolutely. As long as you qualify for each of them individually. Three states currently will offset your unemployment benefits by your Social Security (not the other way around) and they are Illinois, Virginia, and Utah.

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11y ago

can you collect unemployment and social security at the same time in the state of Pa.

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13y ago

Yes, as long as you qualify for each of them individually.

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13y ago

Yes, they are separate programs with different requirements for their benefits.

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12y ago

Yes, as long as you qualify for each of them individually

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Anonymous

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3y ago

Depends on state

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Q: Can you collect unemployment and your Social Security?
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