Social Security Disability Insurance (SSDI) and Unemployment Benefits are programs to provide financial assistance for people who are out of work.
Stated simply, you generally cannot receive both SSDI and unemployment benefits.
SSDI is a program for those who cannot work due to a disability. Unemployment is for people who are able to work and actively looking for work but cannot find a job.
Only under the rarest of circumstances there is a case where someone can receive benefits from SSDI and Unemployment. You may be wondering what the harm is if you attempt to apply for both programs. There are significant risks to applying for both programs. If you are receiving unemployment benefits it can be used by a Social Security examiner as evidence to deny your claim for SSDI.
If you are receiving SSDI it can be used to prove to Social Security that you were not eligible for unemployment benefits. If you are found to have been ineligible for unemployment benefits you may be required to pay back the benefits received. Virginia is one state that requires people to pay back benefits they were found to be ineligible for. Because of these risks, you should consult with an attorney if you are considering applying for both.
If you are wondering if you should apply for SSDI or Unemployment, the simple answer is that if you can work you should apply for unemployment and if you can’t work for medical reasons you should apply for SSDI. But individual circumstances can be difficult to ascertain without having another prospective from an experienced attorney.
Let our experienced attorneys help
If you are considering applying for social security benefits, or if you’ve already been denied, it is best to consult with an experienced SSD attorney. We at Kalfus Nachman can assist with all aspects of the Social Security process. We can determine whether you qualify for Social Security Disability benefits, which are the most common, or if you qualify for the less common Supplemental Security Income benefits. Whether this is your first time applying for disability benefits or you are already appealing a previously-denied claim, we can assist you in putting together your application. We have done this for numerous applicants like you over the years, successfully enabling them to receive the benefits they need and deserve. Your disability application may involve deadlines, so please don’t hesitate to talk to us as soon as possible. Your consultation with us is free.