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Can I Get Unemployment If I Get Social Security

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Contact Krasno Krasno & Onwudinjo To Find Out If You Can Collect Unemployment And Social Security Disability At The Same Time

Can you file for both unemployment and Social Security Disability Benefits?

At 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 243-4823, fill out our online intake form or visit one of our 12 office locations throughout Pennsylvania.

Will Unemployment Compensation Affect My Social Security Disability Insurance Benefits

By Shelley W. Elovitz, Esquire

There are cases where you can work and receive Social Security Disability Insurance Benefits But what if you lose your job? Are you eligible for Unemployment Compensation?

If you are enrolled in the Social Security Ticket to Work program and you worked for at least six months before you were laid off, you are eligible to collect unemployment benefits and disability benefits at the same time.

Social Security uses Grid Rules based on age, RFC level , education level, and work history and skills to determine disability. If you are over 50 years old and can only do sedentary work, and if you have been seeking sedentary work while collecting unemployment, you may remain eligible for both unemployment and disability. If you are over 55 years old and can only do light work, and you have been seeking light work while collecting unemployment, you may remain eligible for both unemployment and disability.

Unemployment benefits do not affect or reduce retirement and disability benefits. State unemployment compensation payments are not wages because they are paid due to unemployment rather than employment. However, income from Social Security may reduce your unemployment compensation.

How Do I Apply

To receive unemployment insurance benefits, you need to file a claim with the unemployment insurance program in the state where you worked. Depending on the state, claims may be filed in person, by telephone, or online.

  • You should contact your state’s unemployment insurance program as soon as possible after becoming unemployed.
  • Generally, you should file your claim with the state where you worked. If you worked in a state other than the one where you now live or if you worked in multiple states, the state unemployment insurance agency where you now live can provide information about how to file your claim with other states.
  • When you file a claim, you will be asked for certain information, such as addresses and dates of your former employment. To make sure your claim is not delayed, be sure to give complete and correct information.
  • It generally takes two to three weeks after you file your claim to receive your first benefit check.

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Applying For Both Programs

The process of applying for both unemployment and Social Security is not significantly different from applying for each program on its own. U.S. citizens become eligible for partial Social Security upon reaching age 62, with progressively higher benefits for deferred enrollment. To apply for retirement benefits, visit the SSA website and submit an application online. You may also apply by mail or in person at your local SSA office.

Most people can apply for unemployment online or by phone through their state’s unemployment office. In some cases, you may be scheduled for a telephone interview to confirm some of the details of your application. Outside of Minnesota, you do not generally have to disclose Social Security payments as income, though it is a good idea to mention your benefits to an unemployment intake worker to make sure the required paperwork is in order.

If Your Spouse Also Worked Under Social Security

Can I get unemployment if Im already getting Social ...

If your spouse is eligible for retirement benefits on their own record, we will always pay that amount first. But, if the spouses benefit that is payable on your record is a higher amount, they will get a combination of the two benefits that equals the higher amount.

If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, their Social Security benefit on your record may be affected.

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How Do I Appeal A Denial Of Benefits

If youre denied benefits, you can file an appeal with the Arkansas Appeal Tribunal.

To do so, you must visit the nearest DWS local office and complete an appeal form, or you can mail an appeal in writing to

Arkansas Appeal TribunalP.O. Box 8013Little Rock, AR 72203

Your appeal must be submitted within 20 days of the date that your denial decision was mailed to you. Be sure to clearly state the reasons for your appeal, include your name, address, and Social Security number, and attach a copy of the determination that was mailed to you.

While youre filing an appeal, you should continue to claim benefits for each week you are unemployed. If your appeal is approved, youll be paid for those weeks only if youve claimed them.

Receiving Both Unemployment And Social Security

It used to be the case that many states reduced the amount of unemployment benefits they paid to older workers who also received Social Security payments. Such offset laws were on the books in 20 states in the early 2000s, though active advocacy has all but eliminated these laws. In 2020, only Minnesota still uses an offset formula for reducing unemployment benefits for unemployed workers who get Social Security, and even this is a limited rollback of benefits, rather than a complete disqualification.

Both Social Security and unemployment assistance place limits on how much income you are allowed to earn outside of the program. Beneficiaries who exceed these limits may see a reduction in the benefits they get from both the SSA and their state’s unemployment agency. Fortunately for recipients, the SSA does not count unemployment benefits as income for reporting purposes, and 49 states do not count Social Security benefits as income for unemployment reporting.

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Eligibility Requirements For Unemployment Benefits

If you are out of work and cannot find employment, you may be eligible to receive unemployment benefits if you meet the following requirements:

  • Unemployed by no fault of your own
  • Earned a minimum amount of wages in the prior 12 months
  • Be willing and physically able to work, as well as actively seeking employment

Your Social Security Benefits Could Be Affected If You Go Back To Work

Social Security & Unemployment Benefits: Can You Collect Both Benefits at the Same Time?

Although your Social Security checks aren’t affected by income you receive from jobless benefits, they are impacted by money you get if you work. So if you’re hoping to find a job again, you may want to think twice about claiming Social Security after a layoff.

The specific impact that working will have on your Social Security benefits depends on how old you are and how much you’re earning at your job. If you’ve already hit your full retirement age , you can work as much as you want. But if you’re under that age, you’ll see your benefits reduced once you’ve hit a certain earnings limit.

If you’ll be below FRA for the entirety of 2020 and you work this year, you can earn a maximum of $18,240 in income from a job before losing any of your benefits. Your Social Security income will be reduced by $1 for every $2 earned above that threshold. If you’ll reach your FRA this year but want to work before you do, your benefits will be reduced by $1 for every $3 earned above a higher annual limit of $48,600. But once you actually hit FRA, you won’t see any reduction at all in the months after.

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Do You Have To Subtract Unemployment From Social Security

Social Security does not subtract any unemployment benefits you are receiving or received in the past. The benefit amount depends solely on your own record of earnings. Disability Applications

If your worry is about UC being affected because you receive social security retirement benefits, then heres what you need to know. Typically, most states in the US will not reduce UI benefits because you are claiming social security retirement benefits.

Social Security Offset Law. In a few states, the amount of unemployment compensation is partially offset by the amount of social security payments that are received. In those locations, your unemployment could be reduced by 50% of your social security benefit.

Receiving UC will never affect your social security retirement benefits because social security does not consider UC as earnings. This means that wont be pushed closer to the ceiling placed as cut off for people between ages 62 66.

Filing Late For Benefits

You cannot apply for State Disability Insurance benefits until 9 days after the start of your disability, and you must apply withint 49 days from the date your disability began. Many people dont know about SDI, so they miss their chance to get benefits because they dont file by the deadline. If you do file more than 49 days after the start of your disability, include a letter telling SDI why you missed the deadline. You may be able to change the start date of your disability so you can still file your claim.

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How Is Permanent Disability Calculated

Just as your temporary disability rate is determined by your average weekly wage, your rate of permanent disability is also determined by taking two-thirds of the average weekly wage. Since 2014, the maximum permanent disability rate is $290 per week. Example: In the example above, Andy had 8% permanent disability.

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How Much Will I Be Paid

Social Security &  Unemployment Benefits: Can You Collect ...

Currently, the minimum amount of unemployment benefits you can receive in Arkansas is $81 per week. The maximum is $451 per week. Your weekly benefit amount in Arkansas will be one twenty-sixth of your earnings in the highest paid quarter of the base period. In Arkansas, you can receive benefits for up to 16 weeks.

Youll be paid a benefit based on how much your employer paid you during a 12-month period called your Base Period. It is the first four of the last five completed calendar quarters prior to the quarter that you file your initial claim. The greater the amount of money you earned during your Base Period, the larger your Weekly Benefit Amount will be until you reach the maximum amount payable under Arkansas law.

If you do not meet minimum wage requirements during your Base Period, youll be allowed to use earnings from an Alternate Base Period to help you qualify for benefits. The Alternate Base Period is the four completed calendar quarters immediately preceding the quarter in which the initial claim is filed.

All applicants must serve a Waiting Period Week. During this week, you must file a claim for benefits, but you will not be paid for that week. However, Arkansas waived this waiting period for claims filed from March 16 to April 18, 2020.

There are several types of payments you receive that can affect your weekly benefit amount. These types of income have to be reported:

  • Holiday Pay
  • Pay earned by participating in military drills
  • Retirement Pay

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Do You Have To Report Your Unemployment To Social Security

Unemployment benefits are taxable, and any other source of income a person receives while receiving unemployment benefits must be reported to the state unemployment agency. In general, Social Security pays monthly SSDI benefits to people who are unable to work for a year or more, or who have a condition expected to end in death.

Who Is Eligible For Dua

When a major disaster has been declared by the President, DUA is generally available to any unemployed worker or self-employed individual who lived, worked, or was scheduled to work in the disaster area at the time of the disaster and due to the disaster: no longer has a job or a place to work or cannot reach the

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Will Illinois Louisiana Minnesota And South Dakota Change Uc Rules In The Near Future

Yes, there is hope. Even now in Minnesota, the rules dont apply always. Which means that the state does not reduce UI benefit amounts in all cases where a claimant is receiving social security retirement benefits. Since the last few years, American Association of Retired Persons and National Employment Law Project have been working together to persuade the states to remove laws that limit UC benefits for individuals receiving social security.

Whom should I approach if I have any questions?

Irrespective of which state you are from, if you have any queries regarding anything with unemployment compensation, your states Unemployment Insurance Agency is where you need to go. Authorities present there will guide you through the process of filing for UI and will gladly clear your questions. You can also interact with them by phone on the dedicated customer service or you can connect with them online.

Keep in mind that not declaring your income sources while filing for UI or not reporting any income you receive during subsequent weeks during which you receive benefits, may result in severe consequences.

Things to keep in mind
The bottom line

As long as both agencies are notified about the income received from each other, there is no conflict in collecting UI and social security together. It is a sad truth that during difficult economic times, often millions of senior citizens are left unemployed and often social security benefits are not sufficient to cover the basic needs.

Will Getting Unemployment Benefits Hurt My Social Security Benefits

Unemployment in relation to SSDI and SSI

Q. I lose 50 cents on the dollar on my Social Security if earnings are over $18,000 or so. Will I have to give Social Security back half of my unemployment over that amount? Does unemployment count as income?

Our of work

A. Lets go over how Social Security benefits are calculated and what happens if you continue to work when you collect Social Security before your full retirement age.

The ultimate Social Security benefit you receive is based on all your earnings for your highest 35 years of earned income, said Bernie Kiely, a certified financial planner and certified public accountant with Kiely Capital Management in Morristown.

He said earned income consists of salaries, wages and self-employment income. Earned income is income where you and/or your employer paid Social Security taxes into the system.

If you have a year with no income, you have a zero for that year, Kiely said. After you hit 35 years, each additional year of earned income will replace a year with zero earnings or low earnings.

In order to take inflation into consideration, early years of earned income are adjusted for inflation.

If you continue to work after starting Social Security, your current earnings could possibly increase future Social Security benefits, Kiely said.

Then, if you receive unemployment compensation during one of your 35 best earnings years, it will not go into the Social Security calculation because unemployment compensation is not considered earned income.

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Going Back To Work Can Affect Social Security Benefits

If you are able to find another job and start working again after filing early for Social Security benefits, your earnings have the potential to reduce your Social Security retirement benefits until you reach full retirement age. If you earn over a certain amount each year, your retirement benefits will be reduced according to a formula found on the Social Security website. Check the website to find out exactly how much you can earn without this happening and how much your benefits will be reduced if you earn more than this amount each year. Once you have reached full retirement age, there is no earnings limit that will lead to a reduction in your benefits.

Reason For Job Termination

The most common requirement applied by states to determine eligibility for unemployment compensation concerns how you lost your job. In general, you cannot receive unemployment benefits if you were terminated because of misconduct or resigned from your job.

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Of course, not all claims regarding employee conduct are truthful, and even if your employer claims that the termination was due to your behavior, you can usually dispute such claims. The issue will likely be referred to an arbitrator who will listen to both sides and determine the true cause of termination.

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What Disability Judges Think About Collecting Unemployment

Disability judges usually know when you’re collecting unemployment benefits because Social Security has access to unemployment benefit information and usually includes it in your claims file. Some judges do not like to see that disability applicants are collecting unemployment benefits no matter what the circumstance. Other judges will deny your disability claim only if you received unemployment after you applied for disability benefits, unless you can prove your condition medically worsened since you applied for unemployment benefits. Other judges simply will not pay you disability benefits for the time period that you were receiving unemployment . Still others don’t care even if you’re receiving unemployment benefits at the time of your hearing. These judges realize that people need income to live on, and that there is no guarantee that disability benefits will be granted after the long process of applying for benefits.

In addition, in many states, you can collect unemployment even if you are ony looking for part-time work. Disability applicants are allowed to work a limited amount of time, and in these states, you are you are not necessarily telling the employment department that you are available to work full time.

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