Can you collect unemployment insurance and Social Security Disability at the same time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you collect unemployment insurance and Social Security Disability at the same time?
My husband, John is a 60 year old disabled combat veteran with a 40% disability rating. He lost his job 2 years ago last May and immediately applied for and received his unemployment benefit. Though he searched daily, he was unable to find gainful employment and when his unemployment ran out we tried to squeak by on my salary alone. After some time (can’t remember precisely how long) the unemployment benefits were extended and John continued to file as he continued to look for work. When the benefits expired a second time we were pretty desperate so John decided to apply for Social Security Disability and, miracle of miracles, was approved for this benefit several months later. Yesterday John received a letter from the unemployment folks indicating that the new extension of benefits allows him to collect another 13 weeks of unemployment benefits. We could really use the money, but we want to be sure we’re following all the applicable rules and regulations. Our research has left us unsure.
Asked on August 27, 2010 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes, you can collect both unemployment benefits and SSD at the same time. Unemployment benefits are not counted as wages under the SS annual earnings test. Therefore, it won’t affect your SSD benefits. You should note, however, that the amount of your unemployment benefit could be reduced because of this.
Here are links to 2 sites that will explain further:
www.socialsecurity.gov/pubs/10069.html.
http://www.ssa.gov/policy/docs/progdesc/sspus/unemploy.pdf
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.