Gardberg & Kemmerly, P.C. Attorneys at Law

Can I file for Disability and Get Unemployment?


When someone files a claim for Social Security Disability Insurance Benefits or Supplemental Security Income, they are claiming they are disabled. Disability is the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Unemployment is a state benefit to protect those who have lost their job, can work, but currently cannot find employment. Usually, a person affirms to the State that they can perform work and that they are actively seeking employment. For example, in Alabama a person receiving unemployment must be able to perform full time work and be actively seeking full time employment.

As you can see, claiming disability and receiving unemployment benefits is inconsistent and can hurt your claim. An experienced Social Security Disability attorney could tell you if you are hurting your case by drawing unemployment.

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