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If I am collecting social security can I also collect unemployment

Muskegon, MI |
Filed under: Employment

if i am reciving my social security am ieldgable to recieve unemployment

I am going to be 66 in a couple of days and still work full time but am collecting my social security also. I a couple of days our office is closing and I will be unemployed. Can I still file for unemployment benefits if I am also collecting SS benefits?

Attorney Answers 2

Posted

I'm presuming you mean social security disability (SSD) / supplemental security income (SSI) benefits. When you apply for unemployment benefits in Michigan, you are saying that you are ready, willing, and able to work, but are unable to find a job. When a person applies for SSD/SSI benefits, they are saying they are disabled and unable to work. So if you are currently collecting SSD/SSI, you will not be able to collect unemployment. I have seen people apply for and get unemployment benefits while waiting for their SSD/SSI appeal to be heard in front of an administrative law judge, however. (i.e., a finding of disabled hasn't occurred yet) Also, I am fairly certain you have to file for unemployment benefits within 90 days of being laid off in order to be eligible. (and if you are already collecting SSD/SSI it most likely took Social Security more than 90 days to grant you benefits)

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6 comments

Brian S Wayson

Brian S Wayson

Posted

No, official policy from SSA is that disability benefits and unemployment benefits are compatible; getting one does not prevent getting the other.

Jason Thomas Steinhelper

Jason Thomas Steinhelper

Posted

While there is no official policy against receiving both, I have seen administrative law judges deny cases for the sole reason that they did receive unemployment. I advise my clients that some hold it against you while most don't.

Brian S Wayson

Brian S Wayson

Posted

Jason - yes, I agree, that is sound advice to give to clients; I also tell them that the ALJ most likely will be asking about the apparent contradiction. Also if that is the sole reason an ALJ denies it, the client has sound grounds to win remand on an AC appeal - by citing the Chief ALJ policy memo on this issue. Keep up the good work!

Brian S Wayson

Brian S Wayson

Posted

Jason - yes, I agree, that is sound advice to give to clients; I also tell them that the ALJ most likely will be asking about the apparent contradiction. Also if that is the sole reason an ALJ denies it, the client has sound grounds to win remand on an AC appeal - by citing the Chief ALJ policy memo on this issue. Keep up the good work!

Jason Thomas Steinhelper

Jason Thomas Steinhelper

Posted

Thanks, Brian. You are definitely right about ALJ's asking about the apparent contradiction at the hearing. It's something that occurs on a regular basis, so it's imperative to forewarn clients about it before the hearing. I just wish (as you probably do) that the AC was a little quicker at recognizing cases where remand is the obvious remedy....

Jason Thomas Steinhelper

Jason Thomas Steinhelper

Posted

Thanks, Brian. You are definitely right about ALJ's asking about the apparent contradiction at the hearing. It's something that occurs on a regular basis, so it's imperative to forewarn clients about it before the hearing. I just wish (as you probably do) that the AC was a little quicker at recognizing cases where remand is the obvious remedy....

Posted

If you are receiving SSI, the answer is probably no because it is too much money. if you are talking about SSDI, then you have a quandry because you are saying to one entity that you can work and saying to social security that you cannot work. Now, what might occur is that you might have been below Substantial Gainful Actitvity -- which currently is $940 per month and receiving social security and become unemployed. if that is the case and Social Security knows about the extra work, then you may be okay. You should consider consulting a local social security attorney.

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1 comment

Brian S Wayson

Brian S Wayson

Posted

No, official policy from SSA is that disability benefits and unemployment benefits are compatible; getting one does not prevent getting the other.

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