Can I Apply for Disability While Collecting Unemployment?

Can I Apply for Disability While Collecting Unemployment? thumbnail
Unemployment compensation is typically taxed but disability compensation is not.

Each state is responsible for providing unemployment benefits or unemployment insurance compensation through the state's unemployment office. Federal Social Security disability laws, on the other hand, regulate disability benefits. To receive unemployment compensation, most states' unemployment compensation rules require recipients to be able to work and actively looking for gainful employment. Since the Social Security Administration limits disability benefits to individuals with long-term disabilities, this precludes them from being ready and able to work.

  1. Social Security Disability and Unemployment

    • Generally, states require unemployment recipients to have limited income during the term of their unemployment. While receiving benefits, recipients who earn other income must report their income from other sources, and depending on the state's unemployment laws, the unemployment recipient may not qualify for unemployment benefits while receiving disability benefits.

    Social Security Administration Benefit Rules

    • The Social Security Administration does not count any unemployment benefits as earnings for qualification purposes. Individuals who receive unemployment benefits may also receive disability benefits if they meet the Social Security's disability determination guidelines.

    Social Security Medical Disability Determination

    • The Social Security Administration limits disability benefits to individuals who have permanent physical or mental disabilities that will ultimately lead to death or will not improve within 12 months. The individual's disability must substantially interfere with the ability to enjoy at least one daily life activity. Daily life activities include working, eating and walking. When individuals are able to work, as required for unemployment benefits, then the Social Security Administration may deny benefits, regardless of income. Usually, disability eligibility determinations depend on the extent of the individual's medical disability and require medical certification of the limited ability to work and earn income.

    Unemployment Compensation

    • Although the Social Security Administration does not count unemployment compensation as declarable resources or income, the unemployment commission within each state may count disability benefits as income for unemployment compensation purposes. To receive unemployment compensation, states usually require limited income and earnings. If the state does not disallow eligibility of benefits for individuals who receive disability income, the state may reduce the amount of unemployment benefits he may be able to receive by the amount of disability income she receives.

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