Can I Apply for Disability Benefits If I Am Receiving Unemployment?

04/06/2013 // San Antonio, Texas, US // Wright Disability Firm // Wright & Wright // (press release)

Some people who apply for Social Security Disability benefits do so while receiving unemployment benefits. Depending on a person’s circumstances, doing so can cause unwanted problems such as having to pay back unemployment payments received or result in a Social Security claim denial. This is because an applicant is saying two things that conflict with one another on their applications if trying to collect both.

Technically speaking, unemployment benefits are only provided to those who are truly able and available to work if they find employment for which they are qualified. On the other hand, disability benefits are provided to those who are unable to work for at least 12 months or expected to be unable to work for at least that period of time. In fact some states may even allow disabled individuals to be considered “able” and “available” to work, but that’s only if the individuals meet specific criteria.

Although the Social Security Administration says that if a person is receiving unemployment benefits, they are not prohibited from receiving Social Security Disability, many attorneys and advocates in the field say there are risks for applicants who do decide to apply for disability benefits at the same time. An unemployment filing indicating the ability to work may be considered when a determination is being made about whether an applicant is disabled.

Discussing the filing of both unemployment and Social Security benefits at the same time with a Social Security Disability lawyer or advocate can be helpful for understanding how a person may best handle their situation.

Wright & Wright America’s Social Security Disability Firm ? can help those seeking to apply for SSDI or SSI benefits get answers to the questions they have. If you are in need of professional assistance to file a claim, even if your initial claim has been denied, contact the firm today and request a free SSDI consultation.

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