Can you receive both SSDI and unemployment benefits?

Can you receive both SSDI and unemployment benefits?

By Hogan Smith

Updated 03/27/2025


The question of whether you can receive both Social Security Disability Insurance (SSDI) and unemployment benefits at the same time is a common one, and the answer can be complicated. While it is technically possible in some situations, there are important factors to consider. Here's an explanation of how these two programs work, and when it might be possible or problematic to receive both benefits simultaneously.

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What is SSDI?

Social Security Disability Insurance (SSDI) is a federal program that provides benefits to individuals who are unable to work due to a disabling medical condition. To qualify for SSDI, you must meet the following requirements:


  • You have worked a certain number of years and paid Social Security taxes through your employment.
  • You have a medical condition that prevents you from performing substantial gainful activity (SGA) and is expected to last at least 12 months or result in death.


What are Unemployment Benefits?

Unemployment benefits are temporary financial assistance for individuals who have lost their job through no fault of their own (such as layoffs or business closures) and are actively seeking new employment. To qualify for unemployment benefits, you generally need to:


  • Have worked for a certain period and earned a minimum amount of income during that time.
  • Be actively looking for work and be available for work.
  • Be physically and mentally able to work.


Can You Receive Both SSDI and Unemployment Benefits?

While it is possible to receive both SSDI and unemployment benefits, there are a few important things to consider:


Eligibility Requirements Conflict

  • SSDI: To qualify for SSDI, you must be unable to work because of a disability that significantly limits your ability to perform work-related tasks.
  • Unemployment: To qualify for unemployment benefits, you must be able, available, and actively seeking work.


The conflict arises because these two requirements contradict each other. If you’re receiving SSDI, the Social Security Administration (SSA) has determined that you are unable to perform substantial work due to your disability. However, to receive unemployment benefits, you must be claiming that you are available and actively seeking work, which implies you are able to work.


What the SSA Says About SSDI and Unemployment

If you are receiving unemployment benefits and also applying for or receiving SSDI, the SSA may review your situation and decide that you are not actually disabled or unable to work, as your claim for unemployment benefits suggests you are able to perform work. This could lead to a denial of your SSDI application or the termination of your SSDI benefits.


In Some Cases, It May Be Possible to Receive Both

There are a few situations where it may be possible to receive both SSDI and unemployment benefits:


  • The Claim for Unemployment Was Made Before Disability: If you were receiving unemployment benefits before you became disabled and were already qualified for unemployment at the time of your disability, it might be possible to continue receiving unemployment benefits while you apply for SSDI. In this case, you would likely need to prove that you are no longer able to work due to your disability. However, this could complicate your SSDI application and potentially delay the process.
  • Partial Disability: In some cases, individuals who are applying for SSDI may be able to claim that they are able to perform some work, but not substantial work. If you’re able to show that you are partially disabled, but still able to perform some work, you may be able to receive unemployment benefits while you wait for your SSDI claim to be processed.
  • State-Specific Rules: Some states may have different rules for unemployment benefits, allowing you to receive them while waiting for SSDI approval. However, you would need to check with your state’s unemployment office to determine if this is a possibility in your situation.


The Risks of Receiving Both SSDI and Unemployment Benefits

Receiving both SSDI and unemployment benefits at the same time can lead to complications:


  • Possible Denial of SSDI: The SSA might see your claim for unemployment benefits as a contradiction to your claim of being unable to work due to disability. This could lead to a denial or suspension of your SSDI benefits.
  • Overpayment: If you do receive both benefits and the SSA finds out that you were improperly receiving both, they may require you to repay the unemployment benefits. In some cases, you could also be required to repay your SSDI benefits, or your SSDI benefits may be reduced to account for the overpayment.
  • Legal Issues: There may be legal consequences for intentionally applying for both types of benefits, as it could be viewed as fraudulent behavior. Always be sure that the information you provide to both programs is truthful and accurate.

How Hogan Smith Can Help

Navigating the complexities of SSDI and unemployment benefits can be challenging, especially if you’re considering applying for both or have already applied for both. Here’s how Hogan Smith can help:


  • Clarifying Eligibility: We can help you understand the eligibility requirements for SSDI and unemployment benefits and ensure that you are applying for the correct program based on your circumstances.
  • Assistance with Applications: Whether you are applying for SSDI, unemployment benefits, or both, we can assist you with the application process, making sure all forms are filled out correctly and that you submit the necessary documentation.
  • Appeals and Legal Representation: If your SSDI claim is denied due to conflicting claims for unemployment benefits, we can help you navigate the appeals process and provide legal representation in hearings or negotiations.

Contact Hogan Smith Today

If you have questions about SSDI and unemployment benefits, or if you need assistance navigating the application process for either program, Hogan Smith is here to help. Contact us today for a free consultation, and we’ll make sure you understand your rights and options.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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