You’re facing two problems if you’re disabled and unemployed. Show
First, the necessary paperwork can take months, or even years, before you ever see a disability check. That’s assuming you are eligible for disability in the first place. Second, retroactive benefits do not pay the bills you have coming due today. Unemployment benefits are typically processed much faster, and they may look like an attractive way to tide you over while you wait for your first disability check to arrive. But can you collect unemployment and social security disability benefits at the same time in Pennsylvania? Or, can you get unemployment while on social security disability in Pennsylvania? The answer to both questions is a qualified “yes!” In Pennsylvania, you can collect both unemployment and social security disability benefits under the right circumstances.
The Inherent Conflict Between Disability and UnemploymentThe problem that arises when you try to collect disability and unemployment at the same time is that you run into a potential conflict. To remain eligible for unemployment benefits, Pennsylvania requires you to be willing and able to work; yet to obtain Social Security disability benefits, you must be unable to work. Although the conflict between the unemployment and disability standards might seem like an unresolvable contradiction, loopholes do exist. If you find one of them, you can collect both unemployment and social security disability benefits. You are likely to need the assistance of a skilled Pennsylvania disability lawyer, such as those available to you at Krasno Krasno & Onwudinjo, to guide you through the bureaucratic maze. After all, exploiting loopholes is what lawyers do best! Eligibility for Unemployment Benefits in PennsylvaniaThe Pennsylvania (PA) Department of Labor and Industry Office of Unemployment Compensation administers the unemployment compensation program. To receive unemployment benefits, you must meet standard eligibility requirements. Standard Eligibility RequirementsTo meet the minimum eligibility requirements for unemployment benefits in Pennsylvania, you must:
Meeting the standard eligibility requirements is just the starting point, however. Ultimately, your application will be approved or denied based on the circumstances of your individual case. Pennsylvania will take into consideration whether approving your application will allow you to collect unemployment and disability at the same time. Eligibility for Federal Social Security Disability Benefits (SSI and SSDI)There are two types of federal disability benefits; SSDI (Social Security Disability) and SSI (Supplemental Security Income). Both of these programs impose both medical and financial requirements in order to be eligible for disability benefits. Medical Requirements for DisabilityTo qualify for disability benefits under either SSDI or SSI you must meet all of the following requirements:
Financial Requirements for Social Security DisabilityThe SSA imposes different financial requirements on eligibility for SSDI and SSI:
Potential Legal Loopholes that May Allow You to Collect Unemployment and Social Security DisabilityThe following are some examples of potential loopholes that might allow you to collect unemployment and disability benefits at the same time. Whether or not any given loophole will ultimately succeed is not cut and dried. Instead, each of these options varies in its feasibility depending on your particular circumstances, and they carry varying degrees of legal risk. They are listed below in ascending order of legal risk (the safest alternative first). The SSDI Ticket to Work ProgramIf you are already receiving SSDI benefits and you believe that you may be able to work despite your disability, you can join the SSA Ticket to Work Program (TWP). Entry into the TWP will allow you to work for at least nine months while retaining full SSDI benefits. If you work for at least six months but are laid off, you are eligible to collect unemployment and disability benefits at the same time. The SSA “Grid Rule”The SSA “grid rule” provides several possible loopholes, including:
The Social Security Disability Impairment Listing LoopholeIf you meet the requirements of a Social Security disability impairment listing, the SSA will assume that you cannot work, and you will not have to prove you cannot work in order to become eligible for Social Security disability benefits. This might allow you to collect unemployment and disability at the same time, although you would need to explain the situation clearly to both Federal and Pennsylvania authorities. The potential problem here is that the conditions listed in the impairment listing are typically so severe that you may not be able to work anyway, thereby rendering you ineligible for unemployment benefits. The Limited Employment Eligibility LoopholeIf, while collecting unemployment benefits, you are searching for work that is within the limitations of your disability, you might be able to convince an examiner or an administrative law judge to allow you to collect both unemployment and disability benefits. You might also be able to collect disability and unemployment benefits by searching only for jobs that would require the employer to make special accommodations for your disability that most employers would be unwilling to make. The “Substantial Gainful Activity” LoopholeIf you work but earn less than $1,220 per month, you will be eligible for disability and partial unemployment benefits. The potential problem with this approach, other than the reduction in the amount of your unemployment benefits, is that Pennsylvania will require you to continue seeking full-time work, yet your disability payments are based on the assumption that your disability prevents you from working full-time. The Discretion of Disability and Unemployment Examiners and Administrative Law JudgesCan you collect unemployment and social security disability benefits by relying on persuasive advocacy in front of an examiner or an administrative law judge? It is certainly possible. After all, some of the foregoing loopholes rely on legal interpretations that have never before been tested in court. In cases such as these, administrative law judges enjoy broad discretion in agreeing or disagreeing that you can collect unemployment and social security disability simultaneously. Even if the interpretation of the law that you are advancing appears to be supported by precedent (results in previous cases), an administrative law judge enjoys a certain amount of discretion in interpreting the meaning of these cases, and he may disagree with your conclusion that you can collect unemployment and disability. Different judges may view your argument in different ways. Ultimately, the persuasive abilities of your lawyer can be critically important. Legal Consequences of Disability and Unemployment FraudAbove all, be honest. You don’t want to play games with state or federal law, and you certainly don’t want to misrepresent or conceal any fact that might be relevant in determining your eligibility for disability and unemployment. In a worst-case scenario you could be charged with a felony, imprisoned for five years and fined $250,000. Civil penalties are even more likely; fines and reimbursement for improper disability and unemployment benefits already paid to you, for example. Glossary of Technical Terms
Contact Krasno Krasno & Onwudinjo to Find Out if You Can Collect Unemployment and Social Security Disability at the Same TimeAt Krasno Krasno & Onwudinjo, we handle all Social Security Disability and unemployment benefits cases on a contingency basis. In other words, our legal services are free unless we obtain benefits for you. If you are a resident of Pennsylvania and you are having difficulty obtaining unemployment and disability benefits, let us help you obtain the benefits you deserve. If you want to know whether you can collect unemployment and social security disability at the same time, act now to set up your free, no-obligation consultation — call (844) 243-4823, fill out our online intake form or visit one of our 12 office locations throughout Pennsylvania. Related Posts:
Can you get unemployment if you quit for medical reasons in PA?Health Reasons
To be eligible, the claimant must inform the employer of his/her health limitations prior to quitting so that the employer can offer suitable work within the claimant's limitations. The claimant must also be able and available for suggested accommodations.
Can you collect unemployment and short term disability at the same time in PA?The answer to both questions is a qualified “yes!” In Pennsylvania, you can collect both unemployment and social security disability benefits under the right circumstances.
Can I collect unemployment if I quit my job due to stress in PA?Voluntary Quit
Section 402(b) of the Pennsylvania UC Law provides, in part, that a claimant shall be ineligible for benefits for any week in which his/her unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature.
Can you file unemployment while on FMLA?If you are now laid off or furloughed, and are experiencing a family or medical event, you can apply for both unemployment and Paid Family Medical Leave. But you cannot receive both benefits at the same time—you will need to take them one at a time.
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