What You Need To Know If You’re Unemployed And Eligible For Social Security Benefits
No one wants to risk losing their Social Security benefits, so many Americans applying for or receiving Social Security benefits, whether through Social Security Disability Insurance are hesitant to apply for unemployment in the event of a job loss.
Is it true that you will lose benefits? If youre wondering how can unemployment benefits affect Social Security disability earnings, then DEF is here to answer your questions.
Can You Do Any Other Type Of Work
If you cant do the work you did in the past, we look to see if there is other work you could do despite your medical impairment.
We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you cant do other work, well decide you are disabled. If you can do other work, well decide that you dont have a qualifying disability and your claim will be denied.
Eligibility Requirements For Social Security Disability Benefits
In contrast to unemployment, Americans suffering from a debilitating medical condition preventing them from working can receive Social Security disability benefits. In order to receive your disability benefits, you must meet Social Securitys definition of disability, which includes:
- An inability to work at your previous job
- An inability to work any other job type
- Possess a debilitating medical condition that will last one year or result in death
If you do not meet the requirements above, you can still more than likely meet the requirements for Supplemental Security Income . While similar to Social Security disability, SSI offers unemployed, disabled Americans benefits. The Social Security Administration look at two categories when determining eligibility for SSI assets and income. If you meet the income and resource guidelines of those two categories, you can qualify for SSI. In addition, you must also:
- Be at least 65 years or old
- Be blind or disabled
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Unemployment Benefits Impact On Social Security & Vice Versa
As mentioned previously, the state of Minnesota is the only state in the union that currently offsets the unemployment benefits of those who are already receiving Social Security income. If you live in this state, your unemployment benefits may be reduced by an amount equal to half of your Social Security benefits.
But, collecting unemployment benefits never has any type of impact on the amount of Social Security you receive. If you take Social Security at age 62 and are still working, then your earned income can reduce your Social Security benefit, but because unemployment benefits are considered to be unearned income, there is no impact.
Differences Between Disability Benefits And Paid Family Leave
- Only the birth mother is eligible for disability benefits for the period immediately after the birth of a child.
- Paid Family Leave begins after the birth and is not available for prenatal conditions.
- A parent may take Paid Family Leave during the first 12 months following the birth, adoption, or fostering of a child.
- You cannot collect disability benefits and Paid Family Leave benefits at the same time.
- There is a limited exception to this for employees who may be eligible for both disability benefits and Paid Family Leave when subject to an order of quarantine due to COVID-19. See PaidFamilyLeave.ny.gov/COVID19 for details.
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Can You Apply For Disability While On Unemployment With A Skilled Attorney Representing You
The simple truth is that you need the advice of a knowledgeable disability lawyer to help you if you are considering applying for disability while on unemployment.
Moreover, its critical that you pick the right attorney. You need to look for an attorney with a practice focused on disability-related legal issues.
Its also important for them to have many years of legal experience and a great reputation.
Cottrell Law Office is not just any law firm. We are an award-winning firm with over 32 years of experience aiding injured and disabled people.
In addition, we have an outstanding track record of providing great client service, as our customer testimonials show.
Finally, our outstanding results show just how good we are at helping our clients win big and obtain the compensation they deserve.
Let us help you. Give us a call today at 800-364-8305 or contact us online to get started.
Can You Collect Both Social Security Disability And Unemployment In Arkansas
Social Security disability benefits and Unemployment benefits traditionally serve different groups of people: those who can work but cant find a job, versus those who are unable to work. As such, while it is unusual for individuals to qualify for both, it is not impossible. Individuals who collect some disability because they are able to work but only in a limited capacity, can also find themselves suddenly out of a job. In this situation, they may qualify to collect both Social Security Disability benefits, as well as Unemployment benefits.
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Adults Disabled Before Age 22
An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.
The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.
Example
It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.
- A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.
Working While Disabled: How We Can Help
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Special Rules For People Who Are Blind Or Have Low Vision
We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.
If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.
There are a number of special rules for people who are blind that recognize the severe impact of blindness on a persons ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.
In 2021, the monthly earnings limit is $2,190.
Can You Work If You Are On Social Security Disability
Although officially Social Security says that receiving unemployment benefits does not preclude disability benefits, the claims examiners and Administrative Law Judges tend to consider your filing for unemployment as an admission that you can work. Maybe You Can Work, But Only for the Right Employer The safest answers arent always the best.
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Can You Collect Unemployment While On Ssdi Or Ssi
If you lose your job through a layoff or some other situation that is not your fault, then you might be able to draw unemployment benefits. These benefits often help people to bridge the gap between losing their job and finding a new job. Unemployment benefits can help people pay their bills and even put food on the table during this transition period. However, what happens if you already receive Social Security disability benefits? Can you receive both types of benefits at once? Keep reading and we will tell you everything that you need to know about both of these benefits as well as whether you can get both payments at one time.
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. The judge may ask what jobs you applied for while you were collecting unemployment . If the jobs were ones that your stated limitations say you aren’t capable of doing , you may have a problem. You may want to offer to amend your alleged onset date to a date after you stopped collecting unemployment benefits.
Likewise, if you applied for a full-time desk job but are telling the judge you can’t sustain any full-time work, you may also have a problem. You could argue that you probably could not have been able to sustain full-time work for more than a few weeks without great pain or other symptoms or without getting fired. As federal judges have stated in the past, “A desire to work does not mean that a claimant can actually work,” and “Receipt of unemployment insurance benefits does not prove ability to work.”
If you have a valid argument that there is no legal conflict between your collecting unemployment benefits and disability benefits, tell the judge. Here are some examples:
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Receiving Both Unemployment Benefits And Social Security
In most states today, workers can collect unemployment insurance benefits at the same time that they are drawing Social Security. It wasn’t always this way, though. In the early 2000s, 20 states plus the District of Columbia had rules stating that if you received both benefits at the same time, then you would have to partially offset your unemployment benefits by as much as 50%. After Illinois repealed this requirement in 2015, Minnesota became the only state left with this provision.
Minnesotaâs offset law currently stipulates that only some residents must reduce their unemployment insurance benefits by up to 50% of their Social Security benefits. The key factors that determine whether this is necessary are the date that the resident began collecting Social Security and the length of time between that date and the date they began collecting unemployment benefits. The Minnesota Department of Revenue website has more information on this.
Can You Collect Disability And Unemployment Benefits At The Same Time
Yes, technically, you can receive Social Security disability benefits and other forms of government benefits at the same time. However, it is vital that you understand how these different programs interact with each other so that you do not hinder your disability claim.
Unemployment benefits are a great resource for out of work Americans. But, collecting both disability and unemployment benefits is risky and complicated. Why? Because unemployment benefits are mainly reserved for people able and willing to work but cannot find employment, whereas disability benefits are for individuals who cannot work at all.
For answers to questions like can you collect disability and unemployment benefits at the same time? consult an experienced Bakersfield CA disability attorney at Oren & Oren today.
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Who Qualifies For Disability Benefits
Disability benefits from both Federal programs Supplemental Security Income program and Social Security Disability Insurance provide necessary financial assistance for individuals who cannot work due to severe medical impairments.
SSDI and SSI are not designed to be a temporary replacement for work until you can find another job. Instead, claimants often suffer from severe and long-lasting complications which make it impossible for them to return to work in any capacity.
Can You File For Unemployment While Waiting For Social Security Disability
You are facing a dilemma when you have been let go from your job because you can no longer perform that type of work given your disability. Maybe you called out too many times for doctors appointments, or you are not able to lift or perform many of the required tasks for your position. You then decide to apply for Social Security Disability benefits and you find out that it could take 90 days or more to hear whether you are approved, and even if you do get approved it might be six months or more until you begin receiving benefits. You give some thought to applying for unemployment benefits to hold you over while you wait to hear about your SSD claim, but is that allowed?
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The Discretion Of Disability And Unemployment Examiners And Administrative Law Judges
Can you collect unemployment and social security disability benefits by relying on persuasive advocacy in front of an examiner or an administrative law judge?
It is certainly possible.
After all, some of the foregoing loopholes rely on legal interpretations that have never before been tested in court.
In cases such as these, administrative law judges enjoy broad discretion in agreeing or disagreeing that you can collect unemployment and social security disability simultaneously.
Even if the interpretation of the law that you are advancing appears to be supported by precedent , an administrative law judge enjoys a certain amount of discretion in interpreting the meaning of these cases, and he may disagree with your conclusion that you can collect unemployment and disability. Different judges may view your argument in different ways.
Ultimately, the persuasive abilities of your lawyer can be critically important.
Social Security Disability And Unemployment
Created by FindLaw’s team of legal writers and editors
Usually, Social Security disability and unemployment benefits are mutually exclusive because they serve different populations. Unemployment benefits are paid to people who are willing and able to work but unable to find a job. On the other hand, Social Security disability benefits are for people who are unable to work. Claiming both disability and unemployment benefits at the same time is unusual, but it is possible in some cases.
For example, individuals may receive reduced monthly disability payments if they can only work in a limited capacity. People with sedentary jobs like a filing job that doesn’t require them to stand or lift anything over 10 pounds may qualify. The Social Security Administration conducts residual functional capacity assessments to determine if a person has limited ability to work. If the recipients are unable to find appropriate work through no fault of their own, they may collect unemployment benefits in addition to disability.
The conflict between these two types of benefits lies in the eligibility criteria for each, which is explained in greater detail below. See Social Security Disability Explained and Can I Get Unemployment Benefits? for additional information.
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Work With Our Experienced Long Term Disability Attorney
If you are trying to decide whether you can receive disability benefits and unemployment benefits, your first step is to consider whether you can work. It can be difficult to prove you are unable to work without convincing medical evidence. Our long term disability lawyer can help.
Our attorney can review your situation in light of the eligibility requirements for both unemployment and long term disability benefits. After a careful analysis, our attorney advises you of your options and the likelihood of success. Based on the advice, you can make a decision that is best for your situation. Moving forward without legal advice could hurt your chance of qualifying for long-term disability benefits and unemployment benefits.
Eligibility Criteria For Social Security Benefits
If you wish to apply for Social Security benefits, youâll have to meet certain conditions. First, in order to get any kind of monthly benefit, you must have worked for at least 40 full quarters before you retire. A quarter is a three-month period during which you must have earned at least $1,470 . Once you have worked 10 years of qualifying quarters, you are eligible to apply for Social Security.
Second, you must have reached retirement age. This threshold varies depending on the year you were born. If you wait until you reach your full retirement age before collecting your Social Security benefit, youâll qualify for the full amount of the benefit. If you wish to collect your benefit early, you can apply once you turn 62, but your Social Security benefit will be reduced by 25% for the rest of your life. If you delay collecting your Social Security payments, however, delayed retirement credits could increase the benefit that youâll receive once you do start collecting.
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Are There Exceptions To The Rule
As with most things, there are certain exceptions to the rule. For example, an individual might have lost their job and be receiving unemployment benefits, and then become disabled. These individuals might continue to collect unemployment while applying for disability benefits. In other unique circumstances, an individual over the age of fifty might have a disability that prevents them from keeping their previous job, and yet may still be capable of performing other work for which they have not been trained.
Still, these circumstances are rare. In fact, a 2012 report from the Government Accountability Office showed that fewer than one percent of SSDI beneficiaries also receive unemployment insurance benefits at the same time.
