A common question that arises in the context of Social Security is whether an individual can receive disability and unemployment benefits at the same time. Under the current regulations, an individual can receive both of these payments simultaneously. In fact, the Social Security Administration (SSA) has decided that an individual should not have to decide between applying for Social Security
Disability (SSD) benefits and applying for unemployment benefits.
If you find yourself unable to work due to a long-term illness or injury, you should speak with an eligible OC Social Security disability benefits lawyer right away. Your lawyer can determine your eligibility for both SSD and unemployment benefits. If you are eligible, your lawyer can file a claim on your behalf and help you recover the full amount of benefits you deserve.
In some instances, insurance companies deny these benefits the first time around. If that happens, your lawyer can help you gather additional supporting documentation and file an appeal on your behalf.
Unemployment Benefits vs. SSD Benefits
Unemployment and SSD benefits serve different purposes. The primary goal of unemployment insurance is to allow an individual who lost their job — and who is currently seeking future employment — to receive the compensation that they need. The length of time that the individual can receive unemployment benefits, and the amount they receive, will depend upon various factors. Those factors include their occupation, the amount they made prior to termination, and whether they are actively seeking employment. Moreover, just because an individual receives unemployment benefits does not always mean they can engage in a substantial gainful activity.
On the other hand, the purpose of SSD benefits is to compensate an injured or ill worker whose medical condition prevents them from performing a substantial gainful activity (SGA). Typically, the individual cannot work at any job, or in any capacity, due to their long-term illness or injury.
In many instances, an individual’s SSD benefits application is denied by the insurance company. When that happens, they may need to file an administrative appeal and attach more comprehensive medical documentation that demonstrates the extent of their permanent disability.
Factors That Determine a Person’s Dual Eligibility for Benefits
The decision about whether a person can receive both unemployment insurance and SSD benefits depends upon various factors. Those factors include the age of the applicant, the specific illness or injury from which they suffer, and the future jobs for which the individual is applying.
Call an Experienced California Social Security Disability Benefits Lawyer Today
A knowledgeable California Social Security disability benefits attorney can review your individual situation with you and determine if you are eligible to recover both unemployment and SSD benefits. If necessary, your lawyer can complete and submit the necessary application materials, along with the attachments, on your behalf. Your lawyer can also help you appeal a claim denial and represent you at all legal proceedings throughout your case, helping you attain the best possible result.