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Can You Get Unemployment if You Are Disabled?

Published by GLmanage

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Navigating Your Options When Unemployed and Disabled

If you’re unable to work due to a disability, you might qualify for Social Security Disability (SSD). However, waiting on claim approval can be long and stressful. Right now, it takes about 6-8 months to receive an initial claim decision from the Social Security Administration (SSA).

Because of this, you may wonder if you can collect unemployment and Social Security Disability benefits. After all, how are you supposed to support yourself while waiting on the SSA to review your claim when you’re unable to work?

This guide will help you understand the options you have when it comes to applying for unemployment benefits and SSD.

Understanding Unemployment Benefits

Unemployment benefits provide temporary financial support to people who have lost their jobs. To qualify for benefits in Texas, you need to be experiencing one of the following:

  • Unemployed or working reduced hours due to no fault of your own
  • Laid off
  • Decrease in hours or pay (not linked to misconduct)
  • Terminated for reasons other than misconduct
  • Quitting for work-related reasons
  • Quitting for a reason unrelated to work (under some circumstances), such as:
    • You are providing care for a child who has a medical illness.
    • An injury or medical illness stopped you from working.
    • You are looking after a spouse who is terminally ill.
    • You have documented evidence of sexual assault, domestic violence, or stalking.
    • You moved with your military spouse.
  • Quitting to move with your spouse even if the move was not part of a qualifying military permanent change of station (in some cases)

Social Security Disability Insurance

Social Security Disability Insurance (SSDI) offers long-term assistance to those unable to work because of a qualifying disability. SSDI is a federal program that pays benefits to disabled people who have earned work credits by working jobs covered by Social Security.

Can You Get Unemployment and Disability at the Same Time?

Unfortunately, you can’t receive disability benefits at the same time as unemployment. However, you may be able to receive unemployment while waiting on SSDI claim approval.

Why Can’t You Collect Unemployment and Disability?

Unemployment is for people who can work but are temporarily jobless. SSDI is for people who cannot work due to a medical condition.

These two programs have conflicting eligibility requirements. When you apply for unemployment, you’re saying that you can work. When you apply for SSDI, you’re stating that you physically cannot work.

Additionally, when you start receiving unemployment benefits, your income goes up. This can disqualify you from receiving SSDI because SSDI is only for people who can’t perform Substantial Gainful Activity (SGA).

Applying for Disability and Unemployment Benefits

Some people ask, “Can I collect unemployment while waiting for disability?” The simple answer is yes, but it’s important to understand the implications:

  • Receiving unemployment might affect your disability claim.
  • If you’re approved for SSDI, you may need to repay some unemployment benefits.

Why People Apply for Both

The disability review process can take months or even years. During this time, you might need financial support. Some reasons people file for unemployment benefits and SSDI include:

  • Uncertainty about their ability to work
  • Need for immediate financial assistance
  • Possibility of finding a job that accommodates their disability
  • Only able to work part time and are therefore unlikely to earn enough to disqualify them from SSDI

Making the Right Choice for Your Situation

Deciding whether to apply for unemployment, SSDI, or both depends on your unique circumstances. You will need to consider your financial needs, the severity of your disability, and the strength of your SSDI claim.

Before applying for disability benefits alongside unemployment, it’s a good idea to speak with a qualified attorney. Attorney Gerard Lynch has over 30 years of experience practicing Social Security Disability law in Houston, TX. He and his team can provide you with the guidance you need.

Contact the Law Office of Gerard Lynch

Navigating the complex world of SSDI can be challenging. That’s where our Houston SSDI lawyer can help. At the Law Office of Gerard Lynch, we understand that each case is unique. With our in-depth knowledge of SSD law and regulations, you can depend on us to build a strong case for your claim.

If you’re unemployed and ready to apply for Social Security Disability, we’re here to offer the support you need. Contact our law firm today for a free case evaluation.

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This case was my first time hiring a lawyer but I am glad that the attorney I chose worked diligently with me to help me get the results I was looking for. I am confident in letting the law offices of Gerard Lynch handle my business when needed, and I will be contacting this office when or is there is another matter that I need handled. I, Alexander Foster, am very satisfied with the outcome of my case. The Law Office of Gerard Lynch and I worked together and we achieved the goal that we were striving for. I am so thankful.

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Frequently Asked Questions

Do I have to be disabled permanently to receive Social Security Disability (SSD)?

A claimant needs to be disabled for at least 12 months or have a medical condition that is terminal or expected to lead to death. Sometimes a claimant is not disabled permanently. In a certain time frame, when they are disabled from working, they could qualify for disability benefits.

It is possible, but rare to receive benefits without any medical evidence to back up your claim. If you do not have recent medical records, it is much harder to win a case. There is a possibility, though not common, that your case might be approved simply by going to a consultative exam by the SSA, where a doctor gives you a physical or mental examination.

One benefit of working with our office is that we will look carefully at your case. If you do not have enough current medical evidence for your claim, we can often give you information about low-income or indigent health services that can help establish a medical record for a low cost or free.

No fees, unless we win your claim! Our law firm, the Law Office of Gerard Lynch, only charges our clients if we win their SSD or Supplemental Security Income (SSI) benefits. We charge on a contingency basis, 25% of the back pay awarded to a claimant when we win the case. As of Summer 2024, our fee is capped at $7,200. The fee cap is set by the Social Security Administration (SSA) for all representatives, and is periodically adjusted for inflation just like monthly SSD and SSI benefits. Social Security pays us directly so our claimants don’t have to write a check. If we do not win a case, we do not charge anything no matter how much work we have done. Once a client wins and their monthly checks begin, they will keep 100% of their checks.

Social Security Disability (SSD) comes from FICA taxes that are deducted from paychecks during the work history of a person. Every month that a person works and reports income to the government, taxes are deducted which are paid into social security. When FICA taxes are taken out of paychecks, most of it goes into the general Social Security retirement fund. However, a smaller portion goes into the general Social Security disability fund.

Contrary to popular belief, no one has an account set up with the SSA by default, even though all Americans are required to pay taxes into social security. People who become disabled over their lifetime and are not yet eligible to get their full-age retirement benefits can get benefits from the disability fund. They’ll need to apply for these benefits and get approved to receive them.

Supplemental Security Income (SSI) is a different program for disabled people and it is like a form of welfare. More specifically, it is for people who are either too young to have paid enough into the system or have not worked recently enough to receive Social Security Disability (SSD). To receive Supplemental Security Income (SSI), a claimant has to be equally disabled as a person who receives Social Security Disability (SSD) – the standard for determining disability is the same. One of the main differences in deciding which claimant receives Social Security Disability (SSD) or Supplemental Security Income (SSI) comes from the amount of money paid into the Social Security system over one’s lifetime.

It should also be noted that SSI carries much stricter income and resource qualifications for someone to get approved and maintain these benefits.

If you have any additional questions that we did not answer above, please get in touch with our team at The Law Office of Gerard Lynch. Unlike the larger Social Security disability lawyers of Houston, our office will make sure you’re treated as more than just a claim. Let our attorney review your disability claim and help you seek the peace you deserve.

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