Collecting Unemployment and Disability Benefits

Collecting Unemployment and Disability Benefits

Those who qualify for Social Security disability benefits can actually continue to receive disability-related payments from other private sources, such as an insurance policy. However, benefits that come from a public source, such as the federal government, can affect whether a person can continue to receive Social Security Disability Insurance (SSDI) benefits and if so, how much he or she can collect, so if you are already receiving unemployment benefits or another form of public assistance, it is important to contact an experienced Social Security disability benefits attorney who can ensure that your benefits are not unexpectedly or unfairly terminated.

Who is Eligible for Unemployment Compensation?

In Illinois, residents are eligible to collect unemployment compensation if:

• They have earned enough money in the previous 18 months while working for an employer who was required to pay unemployment insurance taxes; and
• Their employment was terminated through no fault of their own.

Finally, applicants must be physically and mentally able to work and available to accept suitable employment, which includes:

• Jobs that they are trained to safely perform;
• Employment that they are capable of performing; and
• Jobs that pay a similar salary.

Illinois residents who satisfy these requirements and are approved can collect weekly payments to cover qualifying expenses until they get back on their feet. However, to continue receiving benefits, a person must be able to certify every week that he or she is able to, available for, and actively seeking work. Benefits are generally available for up to 25 weeks.

SSDI Requirements

Applicants are only eligible to receive SSDI benefits if they can prove that their disability makes it impossible for them to remain employed full-time by submitting medical records and evidence of an inability to work. This means that a person attempting to collect both unemployment benefits and Social Security disability payments would need to assert that he or she was unable to work as a result of a disability, while also claiming to be looking for work. These statements are in direct opposition to each other, so it is basically impossible for a person to legally obtain both unemployment and disability benefits. In fact, even attempting to collect both types of benefits can lead to fraud charges.

When a person collects unemployment benefits while waiting to hear from the SSA about his or her eligibility for disability benefits, the latter will automatically be reduced to account for the period of time that he or she was collecting from both programs. In either case, recipients of unemployment benefits cannot continue to receive full payments from the SSA as well as the state.

The Legal Representation You Deserve

While those with disabilities are often able to collect benefits from multiple federal programs, they are generally not permitted to collect both unemployment benefits and compensation for disability expenses. If you have questions about what types of benefits you are eligible for, please contact James R. Comerford at The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message to schedule a free case evaluation.