Unemployment Benefits & SSDI
- The federal government collects Social Security taxes on working Americans' earnings. Social Security taxes fund the Social Security Administration's retirement and disability benefits programs. Americans who receive Social Security benefits can receive either disability benefits or retirement benefits. Congress enacted the Social Security Disability Insurance program to help disabled Americans collect government disability benefits if they have earned enough working credits and paid enough money into the Social Security benefits system. As a precondition to receiving Social Security disability benefits, the Social Security Administration requires applicants to submit disability applications through one of its regional field offices.
- To qualify for federal Social Security Disability Insurance benefits, in addition to showing a sufficient amount of work history, applicants must prove the existence of a medical mental or physical disability. The Social Security Administration requires applicants to obtain medical substantiation from their treating physicians certifying they are unable to work due to their disabilities. The Social Security Administration limits disability benefits to Americans who have major disabilities expected to last continuously for at least one year or will lead to death and will not drastically improve with further treatments. The federal government uses the rules and definitions within the Code of Federal Regulations and published scientific information to determine whether individuals have a disability that interferes with the ability to conduct at least one major life activity.
- Each state's general assembly or legislature has the authority to enact state unemployment benefit rules. State unemployment offices require unemployed applicants to prove limited incomes to qualify for the state's unemployment benefits. State unemployment commissions can disallow benefits to unemployed individuals who receive other forms of income, including government benefits to provide benefits to applicants who are needier and do not receive government assistance. The majority of states require their unemployment benefits recipients to certify that they are looking for alternative employment. Furthermore, each state usually requires applicants to certify that they are not only actively searching for other work, but that they can work and are willing to work.
- The Social Security Administration does not consider unemployment earnings when deciding whether applicants qualify for benefits. However, the Social Security Administration notes that individual states may consider federal benefits when evaluating financial need. Moreover, when individuals qualify first for Social Security Disability Insurance benefits, they must prove to their states that they can work, which is in direct conflict with the federal government's long-term disability proof requirement.
- Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
