Can i get unemployment and disability at the same time

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A person is allowed to receive unemployment benefits and federal disability benefits at the same time, but as discussed below, receiving unemployment benefits could affect a person’s disability benefits in negative ways. 

If you receive Supplemental Security Income (SSI) benefits, any unemployment benefits you receive (other than the first $20) will reduce your SSI payment dollar-for-dollar. You have a duty to report income to the Social Security Administration if you are an SSI recipient. If the money received in a month is not spent before the first day of the next month, then it will count toward the $2,000 SSI resource limit ($3,000 for eligible couples).

If you receive Social Security Disability Insurance (SSDI), unemployment benefits will not affect the amount of the SSDI payment.

It is important to remember that for both SSI and SSDI, the Social Security Administration is allowed to consider a person’s unemployment benefits when deciding whether or not that person is disabled. When a person receives unemployment benefits, the person is certifying he or she is “ready, willing, and able to work.” This certification could be considered as evidence that a person is not disabled. On the other hand, a person can qualify for disability benefits even though he or she is capable of performing a certain amount of part-time work, so receiving unemployment benefits would not automatically disqualify a person from receiving disability benefits.  Because receiving unemployment benefits may negatively impact your eligibility for disability benefits, it is wise to speak to an attorney if you plan on receiving both.

When you are receiving disability benefits, the Social Security Administration will periodically conduct a review of your condition to make sure you still qualify for disability benefits. If you received unemployment benefits since the last review, that may be considered in a continuing disability review.

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This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.

Last Review Date: November 2022

Yes, you can. Collecting unemployment insurance does not prevent you from receiving Social Security retirement benefits or vice versa. The same holds true for spousal or survivors benefits you claim on the earnings record of a retired or deceased worker.

Receiving both benefits also won’t affect either amount (except for some recipients in Minnesota, for now — see below).

Jobless benefits are not counted as wages under Social Security’s annual earnings limit, which can reduce Social Security benefits for people who claim them before reaching full retirement age and continue to work. Only income from work counts against the earnings test.

In addition, the formerly widespread practice of states deducting money from unemployment benefits if a recipient also received Social Security has been eliminated nationwide.

In the early 2000s, 20 states and the District of Columbia had such “Social Security offset” laws, according to the National Employment Law Project (NELP). States began repealing them in 2003 amid advocacy efforts on the issue, including from AARP and NELP. The last state to do so, Minnesota, ended its offset in July 2022.

What about Social Security disability benefits?

It is legally permissible to draw Social Security Disability Insurance (SSDI) and unemployment benefits, and neither affects the amount of the other.

However, trying to get both disability and unemployment can be tricky because key criteria for these benefits are fundamentally at odds. To get unemployment, you must be actively looking for work. To get disability, you must be largely unable to work.

Social Security officials weighing disability claims can take into account any receipt of or application for unemployment compensation, and you’ll have to show why the two are not in conflict.

You also can collect unemployment and Supplemental Security Income (SSI), the other Social Security-run program that pays benefits to disabled people, but the same caveats apply regarding approval of claims — and in the case of SSI, getting unemployment can reduce your benefit payment.

If you are receiving one of these benefits and considering applying for the other, you may want to contact Social Security or consult a lawyer who specializes in disability claims to discuss your situation.

If you have questions about jobless benefits, contact your state’s unemployment agency.

Keep in mind

• Retirement payments other than Social Security, such as a pension or 401(k) distribution, may reduce your unemployment compensation.
• Rules on these deductions differ from state to state. Contact your state’s unemployment office for details.

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