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Unemployment and SSDI Benefits: Can You Apply for Both?

Social Security Disability Insurance (SSDI) is a federal program that provides benefits to people who are ready to work, but unable to do so due to some medical condition. Generally, people qualify for SSDI benefits if they have worked in jobs covered by Social Security, meaning that they have paid into the system at some point.

Claimants must also meet the definition of "disability" as defined by the Social Security Administration (SSA). According to the SSA, you are disabled if you meet all of the following criteria:

  • You cannot do work that you performed previously;
  • SSA decide that you cannot adjust to other work because of your medical condition and;
  • Your disability has lasted or is expected to last for at least one year or to result in death.

Unemployment insurance, on the other hand, provides assistance to people who are unable to work due to no fault of their own. According to the U.S. Department of Labor, to qualify for unemployment benefits, a person:

  • Must meet the State requirements for wages earned or time worked during an established period of time referred to as a "base period" (usually the first four out of the last five completed calendar quarters prior to the time that your claim is filed.)
  • Must be unemployed through no fault of your own (determined under State law), and meet other eligibility requirements of State law.

Applying for Both?

As the requirements for unemployment insurance and SSDI appear to offer a slight contradiction, the question becomes where it is advisable or even possible to apply for both at the same time.

A 2006 memorandum from Chief Administrative Law Judge Frank A. Cristaudo notes specifically that "the receipt of unemployment benefits is only one of the many factors that must be considered in determining whether the claimant is disabled."

In the memorandum, Judge Cristaudo also references Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999). The case holds that people can obtain SSDI while obtaining relief under the Americans for Disabilities Act (ADA) which requires the ability to perform some work. Similar reasoning, according to Judge Cristaudo, should apply to applications for unemployment benefits.

Working With an Attorney

Whether you have questions about SSDI, unemployment insurance or how to apply, it is important to work with an experienced attorney. Filing can be a complex process and failing to get it right the first time can cause significant delays in receiving your benefits.

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MARSHALL W. CONICK
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