Baltimore Social Security Disability Lawyers: Disability BenefitsJanuary 27, 2017
Social Security Disability benefits and unemployment benefits are administered by two completely different entities, and for very different reasons. Unemployment benefits are administered by a state agency to individuals who have lost a job, possibly because of company layoffs or another scenario that is not the fault of the employee. The Social Security Administration (SSA) provides benefits to employees who have become ill or injured, and are unable to work. In most cases, an individual would not be able to collect both of these benefits at the same time. However, in certain circumstances, they overlap, making an employee eligible to collect both.
For example, if an individual is only able to work in a limited capacity, he or she may receive a reduced monthly payment from their Social Security Disability Insurance. The Social Security Administration conducts residual capacity assessments in an effort to determine an individual’s ability to work. It is possible that an individual can collect both unemployment benefits and disability benefits if they have been unsuccessful in their attempt to find employment. The conflict, however, lies in the eligibility criteria for each.
Social Security Disability Versus Unemployment
The SSA does not outright deny SSDI claims if an individual is already collecting unemployment, but the following provides an explanation as to why they are not quick to grant both:
Unemployment: In order to be eligible for unemployment benefits, an individual must meet the following conditions:
- Must either be a U.S. citizen or have proof that you have a legal right to work in this country
- Must be employed for a certain period of time
- Must have earned a certain amount of money before becoming unemployed
- Must be ready, willing, and able to work immediately
- Must be physically able to work
Disability: To meet the eligibility requirements for Social Security disability, an individual must be unable to fulfill the job requirements of a full-time job for at least 12 months due to a disability.
If you receive unemployment insurance erroneously, despite being ineligible, you will be required to reimburse the state for the amount you received.
Different Benefits for Different Causes
While there are certain situations in which a person could receive SSDI and unemployment benefits, it is highly unlikely because the qualifications for each contradict one another. For example, if you file for unemployment benefits, claiming that you are able to work but are having difficulty finding a job, while at the same time applying for SSDI benefits for an injury or illness that is preventing you from being able to work, these are conflicting scenarios. From the provider’s standpoint, you are either being dishonest about your disability or misleading about your ability to work.
Baltimore Social Security Disability Lawyers at LeViness, Tolzman & Hamilton Help Clients Secure the Benefits They Deserve
The Social Security disability claims process can be confusing and overwhelming, but you do not have to go through this process alone. Baltimore Social Security disability lawyers at LeViness, Tolzman & Hamilton will answer all of your questions, address your concerns, and ensure that you are receiving the maximum financial benefits you deserve. For a free case review, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie and Towson. We provide exceptional legal guidance in all Social Security disability matters for clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.