Can I receive benefits from both unemployment compensation and SSD or SSI?

If you receive unemployment compensation while your claim for SSD or SSI benefits is pending, and your claim is approved, your retroactive SSD or SSI benefits will be reduced for the period of time you were collecting unemployment compensation. Typically, unemployment means that you’re capable of working – you just can’t find a job. In order to be successful in your claim to receive SSD or SSI benefits, you must have a disability or condition that prevents you from working at all and that you are not currently seeking employment. There may be exceptions, and you should contact the Social Security Administration to learn if you’re eligible to apply for SSD or SSI benefits.

Can I receive benefits from both workers’ compensation and SSD or SSI?

Generally, you can receive benefits from both workers’ compensation and SSD. However, if you are receiving workers’ compensation, the payments you receive for SSD benefits will be reduced, so that the combined amount of the SSD benefits you receive do not exceed 80 percent of your average current earnings. If your workers’ compensation payment stops, your SSD benefits will usually increase. If you are receiving workers’ compensation, you probably won’t be eligible to receive SSI benefits. However, the only way to find out if you qualify is to contact the Social Security Administration.

How long can I receive SSD benefits? Can my benefits be terminated?

If you are approved for Social Security disability benefits, they are seen as a permanent life-long benefit. However, there are a few circumstances where your benefits could be terminated. These circumstances may include:

  • Engaging in “Substantial Gainful Activity” (the Social Security Administration uses this term to determine if any activity – including working or attending school full-time – is substantial enough to make a person ineligible for benefits); examples of activities that may disqualify you for benefits include going back to work full-time, going back to work part-time and earning over $1,040 gross per month, and attending college or business/trade school full-time
  • If the Social Security Administration reviews your case and feels your condition has improved, they may terminate your benefits. Periodically (perhaps every 5 years), the Social Security Administration will review cases. When your case is reviewed, they check to make sure that you still have disabling impairments; are still in treatment; and are compliant with treatment and medication.
  • Becoming incarcerated or institutionalized against your will for over 30 days — during this time, you are ineligible for benefits

If your benefits are terminated, you have the right to file an appeal within 60 days. You have 10 days in which to appeal in order to continue receiving your checks while the appeal is pending. If you are unsuccessful with your appeal but received checks while the case was pending, you will be required to pay back the money you received while the case was pending.

How does the Social Security Administration determine whether I am disabled?

Disability, as determined by the Social Security Administration (SSA), is based on your inability to work. The SSA considers you to be disabled under Social Security rules if you cannot do work that you did before and if the SSA determines that you cannot adjust to other work because of your medical condition(s). Your disability must also last, or be expected to last, for at least one year or be expected to result in death.

The SSA reviews medical reports and records provided by your treating physician(s) and/or other medical providers. Other areas of consultation include:

  • Your own average monthly earnings (you can work part-time and still qualify for SSD or SSI benefits, but your individual gross monthly income cannot exceed $1,070)
  • The severity of your condition (your impairments must interfere with basic work-related activities for your claim to be considered)
  • Your vocational background
  • Your age
  • Your education
  • If you’re receiving other types of benefits, such as unemployment or workers’ compensation

The Social Security Administration evaluates this information and applies it to their criteria in order to determine whether you are considered to be disabled.

What mental disabilities qualify for SSD or SSI benefits?

There are many types of mental disabilities that may make you eligible for SSD or SSI benefits, but you must check with the Social Security Administration to see if you qualify.

What physical disabilities qualify for SSD or SSI benefits?

There are many types of physical disabilities that are accepted by the Social Security Administration, but you must check to see if you qualify under the appropriate Social Security Administration regulations.