SOCIAL SECURITY & UNEMPLOYMENT BENEFITS

I often get the question, "Should I continue to draw unemployment benefits after I file for Social Security disability?"  That is a complex question.

First, there is a contradiction involved in getting unemployment benefits and Social Security disability benefits at the same time.  To qualify for unemployment benefits in Alabama, you must attest that you are able to work and available for work.  You are also supposed to be actively looking for work.

The requirement for Social Security disability is just the opposite.  SSDI requires that you have a severe physical or mental impairment that makes you unable to perform any substantial gainful activity (full time work).  Obviously, one cannot be both unable to work and able and available for work at the same time.

However, if a person cannot work and has no income, he/she may be forced to collect unemployment.  There is no law that says you are disqualified for disability benefits simply because you draw or have drawn unemployment benefits.  Some, even within Social Security, believe that it is unfair to ask an individual to choose between unemployment and filing for disability, especially since there is no guarantee that disability will be approved.  Even if it is, the process can take months or years.  

Collecting unemployment benefits while a Social Security disability claim is pending is just one of many factors that will be considered when your disability claim is being decided.