You are facing a dilemma when you have been let go from your job because you can no longer perform that type of work given your disability. Maybe you called out too many times for doctors’ appointments, or you are not able to lift or perform many of the required tasks for your position. You then decide to apply for Social Security Disability benefits and you find out that it could take 90 days or more to hear whether you are approved, and even if you do get approved it might be six months or more until you begin receiving benefits. You give some thought to applying for unemployment benefits to hold you over while you wait to hear about your SSD claim, but is that allowed?
Should you choose unemployment insurance or SSD?
When you file for unemployment benefits, you are communicating to the state employment commission that you are ready and willing to work as soon as you find a position that fits your skills, experience and education. While the Social Security Administration does not prohibit a person who is applying for disability benefits from receiving unemployment benefits, but it does send a conflicting message.
When you apply for Social Security Disability Insurance benefits, you are telling the SSA that you are disabled and unable to work and generate substantial gainful activity (SGA), which in 2017 is $1170 a month for the non-blind.
If you are indeed ready and willing to work, you are not disabled. If you are collecting unemployment while you are waiting on your disability claim and your case comes before an Administrative Law Judge, they can take that fact into consideration when they are deciding on your disability case.
An additional complication is that you are required to notify the employment commission if you apply for disability benefits while you are receiving unemployment benefits. If you do not notify them, when they find out that you have applied for or are receiving disability benefits, your unemployment benefits may be terminated and you may be required to pay them back for the benefits you have been paid.
This is a dilemma that many face when they are no longer able to work because of their disability, but must wait for months on end to hear whether their disability claim has been approved. If you have any questions that an experienced Maryland SSD attorney can answer for you, we invite you to call Plaxen & Adler, PA at 410-730-7737 or to fill out our contact form. We have offices throughout Maryland, and we offer our services on a contingency fee basis. We receive payment for legal fees from the back benefits you receive when your disability benefits are approved.
When you apply for Social Security Disability, your application will go through a few stages before it reaches a person who will either accept or deny your claim. During this process, you can check on the status of your claim to see if there have been any changes or decisions made. You should keep track…Read More
The application process for Social Security Disability benefits (SSDI) is lengthy and complicated. By the time you have applied for SSD benefits and your application was denied at the initial application level, but approved upon reconsideration, months have gone by. SSDI back pay is a payment of the benefits that the Social Security Administration (SSA)…Read More
Applying for Social Security Disability Insurance benefits (SSDI) can feel a bit intimidating. You are sick or in pain and you are unable to work, and you might feel a bit under pressure to get the application right because you know that the approval rate for SSD is low. Here is an example of 10…Read More
Many people file an application for Social Security Disability benefits on their own, and only contact an attorney after being denied. As an attorney that handles Social Security Disability claims, I encourage people to hire a lawyer at the beginning of the process, rather than after being denied once or twice. There are numerous benefits…Read More