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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13266
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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can you collect Texas unemployment benefits while collecting

Resolved Question:

can you collect Texas unemployment benefits while collecting social security disability?
explanation: I was unemployed and started to collect unemployment benefits I applyied for social security disabilty and I was approved. When I spoke to the social security office they told me I could collect both unemployment benefits and social security disability benefits.
Is that true?
Submitted: 5 years ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 5 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

Hi, collecting both is not exactly prohibited from a legal perspective, despite popular belief. However, it puts you in grave danger of losing your SSD and/or your UI because you are essentially stating to things that may be inconsistent. If in your SSD claim you stated, or the judge found, that you can not work full time, in any job, but you are recertifying to UI that you are willing and able to work full time - guess what? You are clearly being untruthful to one of these agencies. Ergo, they can relook at your SSD situation and reverse AND also make you pay back what they paid you, once they find out what you are doing. They can also prosecute you and incarcerate you if convicted, for fraud against the agency involved.

Now, you may be asking, why did that SS person say it was OK? That is because the definition of 'disabled' under SS is not the same as the opposite of "willing and able to work" which you must state to UI everytime you seek to collect a UI check. Disabled under the SSA does not necessarily mean there are NO jobs you can't do - it generally means that there are no occupations in substantial numbers in the regional or national economy that you can do. Also, there are some impairments that you need not state your work related limitations in, as they are "listings" - therefore, if you are blind, or a quadraplegic, for instance, but can work at many jobs, you are still legally disabled under SSD, so arguably, when you say you are willing and able to work, you would not be lying to UI. Everyone knows that a blind person can often work many a job very successfully, once he has overcome the sensory loss of sight. However, being blind holds a special place in SSD law. So long as the person is not working SGA, he will remain eligible for SSD if he remains blind.

So, you see, there is not a 100% bar to collecting both. But you can be sure that you are asking to be examined under a microscope, and because the situations where both claims may fit the role required of both, are rare indeed, the chances of successfully collecting both with out putting yourself in danger of fraud charges or at least a determination that you are not disabled and losing your SSD (and paying some back), are slim.

Good luck. Best to not let the desire for more money land you in trouble, in my opinion.

I hope this helps clarify for you.

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