Brod Disability Law
We Can Help. Call One of Our North Carolina Offices: 336-944-6786
Brod Disability Law
Email

336-944-6786

Standing Beside You Every Step Of The Way

Disability Law Attorney Offering Advice On Collecting Unemployment While Applying SSDI/SSI

Collecting unemployment means you are healthy enough to work, but applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits requires proving you are too sick to work. In North Carolina, getting both is possible, but a judge can use your unemployment checks to deny your disability claim. This risks you losing long-term disability benefits just to survive months without income.

If you are seeking to earn Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits while you are currently receiving unemployment benefits, you may be curious how the two will interact with one another. Understanding the differences between these two on your own might still not be enough to answer your questions.

Our team at Brod Disability Law has been representing North Carolina clients for years in all matters of SSDI/SSI claims. We have a comprehensive understanding of these benefits, and we are prepared to help answer your questions.

What An Exception To The Rule May Look Like

Unemployment benefits are for able-bodied people who are looking for work while unemployed. SSDI/SSI benefits are for those who cannot work due to their injuries or illnesses. It seems like by their own nature, a person could not earn both benefits at the same time.

Due to the complex nature of both benefits, it may be possible for a person to earn both. For example, if a person who can work in a limited capacity (like a desk job with no heavy lifting) for 10 hours a week may receive SSDI benefits. If that person lost their job due to no fault of their own, they may be eligible for both unemployment and SSDI benefits at the same time.

Common Pitfalls To Avoid

Navigating unemployment and disability benefits at the same time is typically complicated and confusing. It requires careful attention to how each program evaluates your ability to work. Even small mistakes can create delays, trigger questions about credibility or lead to avoidable denials.

Understanding the risks helps applicants present consistent information to both the Social Security Administration and the North Carolina Division of Employment Security (DES).

Applicants should be aware of several frequently made errors that can cause problems during the disability review process. These issues typically arise when information submitted to DES conflicts with statements made in a Social Security Disability claim.

When agencies receive inconsistent reports, they may question whether an applicant meets the legal definition of disability, which requires an inability to perform substantial gainful activity. Here are some missteps to avoid:

  • Claiming full-time work availability: DES requires unemployment claimants to confirm they are available for suitable work. If you tell the SSA that you cannot work at all while telling DES that you can work full-time, you create a direct conflict that may undermine your disability claim.
  • Reporting active job searches: Unemployment benefits require ongoing job searches, yet disability benefits require proof that you cannot sustain competitive employment. Claiming both at the same time without explanation may raise concerns about the severity of your limitations.
  • Concealing unemployment income from the SSA: The SSA must review all sources of income to determine eligibility. Not reporting DES checks can lead to overpayments or allegations of misrepresentation.
  • Submitting inconsistent medical descriptions: Statements made on DES forms, job applications, or work search logs should not contradict the symptoms and restrictions described in your disability application or medical records.
  • Assuming unemployment disqualifies disability benefits: Receiving unemployment does not always prevent approval for disability benefits. The biggest error is failing to prove you were seeking highly accommodated, part-time work because of your health limitations.

Avoiding these pitfalls helps maintain consistency across agencies and reduces the likelihood of delays or denials. Applicants who understand how DES requirements interact with federal disability rules are better positioned to present accurate information that reflects their true medical and vocational circumstances.

We Can Help You Understand Your Unique Case

If you are wondering whether or not you can have both benefits at once, or if you are currently receiving both and you want to know whether or not that is correct, contact us today. The best way to answer your questions is by having a lawyer you can trust to review your situation, which is why we offer free initial consultations.

Contact us by emailing us here or by calling any of our offices at the numbers below:

We know how hard these matters can be, and we offer a caring and compassionate team of people who want to see you succeed. Get the peace of mind you need with your benefits today.