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Technically and legally, yes, but there are risks involved.

While the Social Security Administration doesn't prohibit people on (SSDI) disability from receiving unemployment checks, state unemployment regulations usually require all unemployment recipients to be willing and able to accept full-time work.This creates a conflict, because you're generally not eligible for Social Security disability benefits if you're capable of full-time work.

When you file for unemployment compensation, all states require you to provide your Social Security number (authorized under Internal Revenue Code of 1954, 26 U.S.C. 85, Sections 6011(a), 6050(b), 6109(a), P.L. 98-369, Section 1137(a)(1)). They will share information about your claim with other government agencies to determine how unemployment affects other benefits you may receive, such as Medicaid and food stamps.

If you are in the process of filing for Social Security disability, the conflict between simultaneously claiming to be incapable of "Substantial Gainful Activity" (SGA), which generally translates to full-time work, and contractually agreeing that you're willing to accept full-time work (under state unemployment regulations) in exchange for unemployment compensation, mayresult in being denied disability status (most initial claims and first appeals are denied, anyway).

If you persist with the disability claim and proceed to a hearing before an Administrative Law Judge (ALJ), it will take approximately 18 months to two years from the date you originally filed the claim until your hearing date.

By then, your unemployment compensation will (probably) have been exhausted and you will either have been forced to accept employment (thus ending your disability claim for all practical purposes) or will continue to be unemployed or be under-employed. This may be a factor in the judge's decision to award or deny disability, but it will not necessarily prevent you from receiving disability benefits. The disability determination process is usually long, and should not be viewed as a way of generating quick cash.

You may want to consult with a disability attorney before taking action.

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Myra Bradtke

Lvl 10
3y ago

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