By Marie Lowery, Attorney

When you file for unemployment in South Carolina, you state that you are able and available for full-time work, and are actively seeking employment. To remain eligible for benefits, you must make at least four job contacts each week that you are unemployed.

Collecting Unemployment Benefits and Filing for Disability at the Same Time

Collecting unemployment while applying for disability at the same time is a controversial issue because certifying that you are able and available for full-time work is inconsistent with a claim for disability.

There are a few situations where receiving unemployment is not inconsistent with a claim for benefits. An older individual could be entitled to disability benefits due to a “medical-vocational” allowance but still be able to work. For instance, a 50 year-old claimant limited to sedentary work is “able to work,” yet because of his age, past job skills, and education level, may still be approved for disability benefits. Further, individuals receiving unemployment who are authorized to seek only part-time work may be found disabled since Social Security considers an individual’s ability to work 8 hours a day for 5 days a week, or an equivalent work schedule.

The Social Security Administration’s official stance is that receiving unemployment benefits does not prevent an individual from receiving Social Security disability benefits. However, it is a factor that many Administrative Law Judges take into account when considering a claim and the receipt of unemployment may result in a later disability onset date, reducing the amount an individual may receive in back benefits.

If you have questions about seeking Social Security disability benefits while drawing employment, contact a disability benefits attorney at Joye Law Firm at (877) 941-2615 or use our online contact form.

Recent Blog Post
Which Fall or Winter Holiday Has the Most Drunk Driving Crashes?

When the leaves begin to change color, we know we’ve entered the start of the holiday season. And while the holidays are a great time to get together with friends and family, for many, they also mean excessive drinking and…

Do I Need To Replace My Car Seat After A Crash Or Accident?

Parents of young children in South Carolina who are dealing with the costs and losses of a car crash may question whether they need to replace their child’s car seat because it’s been through an accident. The National Highway Traffic…

Can I Get Compensation if I’m Injured Running a Marathon?

November is marathon season, and many of us may be participating in a turkey trot this year. But while running is a popular activity that’s great for your health, you may also run the risk of injury when you go…

Why Should You Ask for Future Medical Expenses After an Injury?

Everyone who is injured in an accident and who needs compensation for medical expenses should make sure their future medical expenses are included in their settlement. This is because once you accept a settlement, you legally cannot request more money…

Awards & Recognition
Best Law Firms 2021
Million Dollar Advocates Forum
B Member
Martindale-Hubbell
Best Lawyers 2021 Small
BBB
ASJ Leaders Forum
National Trial Lawyers Top 100
Google Review
Avvo Rating
Media
CBS News
Fox
NBC
ABC