QUESTION

If I apply for social security disability while receiving unemployment compensation, could I lose my unemployment benefits?

Asked on May 05th, 2015 on Labor and Employment - Ohio
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1 ANSWER

Employment & Labor Attorney serving Oregon, OH at Rice & Co.
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There is an inherent contradiction between seeking unemployment benefits and seeking Social Security Disability. In order to qualify for unemployment benefits, you need to certify that you are able to work and seek work. In order to qualify for Social Security Disability (or SSI) you have to represent that you are not able to work. In some situations, for example, if your old job was one that was particularly accommodating to your disabilities, Social Security and Unemployment might not be incompatible at all. But in many cases, seeking both at once can raise questions. The fact that you applied for and are receiving unemployment benefits may turn out to be a matter of some concern when Social Security evaluates your eligibility for benefits. (Likewise Social Security will likely consider that you were recently employed, and you may be asked to provide information about why you left your job.) This may end up creating some problems in your Social Security case, though not necessarily fatal ones. Unemployment, on the other hand, requires that you be able to work and to seek work. It is quite possible that you are able to do only a very limited scope of work due to your impairments, or even that you are not entirely sure whether you can work or not. Practically speaking though, if you have already been awarded unemployment benefits, so long as you continue to seek work and your conscience allows you to certify that you are willing and able to work, it is highly unlikely that the filing of a Social Security claim is going to trigger any re-examination of your unemployment eligibility. I have never seen this happen, though I guess I cannot say it would be impossible.
Answered on May 06th, 2015 at 3:36 PM

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