Can You Collect Social Security Disability and Unemployment in NY?
- Posted on April 13, 2026
If you lose your job, you can collect unemployment insurance (UI). What happens if you’re unable to go back to work because of health issues?
Can you apply for Social Security Disability (SSD) while you collect UI each week? You can in some situations, but it’s tricky.
In many ways, these programs are opposed to each other. They’re meant to solve different problems.
When you file for unemployment, you’re saying that you’re able to work, looking for work, and ready to work; you just need to find a job.
When you apply for SSD, you’re saying that you’re unable to work at all because of medical problems.
You might be able to receive both types of benefits, but the disability lawyers at Lachman & Gorton Law Office don’t recommend collecting UI and trying to get SSD without experienced professional help.
If you’re considering filing for unemployment, or you’re receiving unemployment, and you’ve been denied disability benefits, our Upstate New York disability lawyers can discuss your options with you.
The disability attorneys of Lachman & Gorton have been helping people in Binghamton, Elmira, Rochester, Oneonta and across the region appeal Social Security Disability denials for more than 40 years.
You’re in a unique situation if you’re trying to collect both SSD and UI benefits. We treat your claim with the personalized attention it deserves.
Best of all, you don’t pay an attorney fee until you win disability benefits.
Start with a FREE CONSULTATION.
When Could You Collect Unemployment and Social Security Disability at the Same Time?
Although these two benefit programs have conflicting goals, a few scenarios allow someone to collect both unemployment and Social Security Disability.
Some examples:
- You lost your job due to health problems and began receiving unemployment, but now you’re applying for Social Security Disability.
- Your health problems worsen while you’re collecting UI. This could allow you to apply for disability while you’re unemployed.
- You can work a small amount while receiving SSD benefits. It may be possible to apply for unemployment if you were working in a limited capacity and you’re now seeking work.
- You’re trying to return to work after receiving disability for a time. The Social Security Administration (SSA) has programs designed to help people return to the workforce, so you may be eligible for unemployment now that you’re looking for a job again.
Even if you’re in one of these niche circumstances, you’ll still face some challenges.
Disability claims examiners could see your UI benefits as a sign that you could work more if you found a job, meaning that you wouldn’t need disability benefits.
Remember, you don’t qualify for disability benefits just because you can’t do your current job. You need to show you can’t work any job because of your health issues.
You have to be careful when filing both types of claims, and you need to be prepared to answer questions about your work history, why you left your last job, and how your health problems have progressed since you started receiving UI.
Most people get denied when they first apply for Social Security Disability. In your case, unemployment benefits may be complicating matters.
The Lachman & Gorton disability attorneys are ready to discuss how you can best appeal your disability denial and finally win benefits, including whether you should continue accepting unemployment.
Talk to us for a FREE disability appeal consultation.
Start with a FREE CONSULTATION.
How a Binghamton Disability Lawyer Can Help
It’s difficult to get any disability claim approved, but trying to claim unemployment at the same time makes this process even harder.
If you think that you should qualify for both UI and SSD, don’t take any chances. Talk to a New York disability lawyer who can help you navigate this.
Around 60-70% of disability claims get denied in New York State, so the appeal is often your real chance to argue for benefits. You may not need to go through all of these phases, but they proceed in this order:
Reconsideration: The first stage of appeal gives you the chance to ask another SSA examiner to evaluate your claim. Many people still get denied at this stage.
Disability hearing: This hearing in front of an administrative law judge is probably your best chance to win benefits. You get to fix any issues from your original claim, offer more evidence about your medical condition, and make your case directly to a judge. You can explain the circumstances around your unemployment benefits.
Appeals Council: If your hearing doesn’t go your way, you can ask the Appeals Council at Social Security to review the decision. They could overturn a decision or send you back for another disability hearing.
Federal lawsuit: If all else fails, the final stage of disability appeals is filing a lawsuit in U.S. District Court.
The disability lawyers at Lachman & Gorton are known for appealing disability denials to the federal level. Other lawyers often refer federal court disability appeals to us.
For your case, we can offer the personalized attention you deserve.
We’ll help you figure out why your disability claim was denied, determine whether unemployment benefits are getting in the way, fill in gaps in your application, and represent you at your hearing.
We know how receiving unemployment, which in itself may feel like a financial necessity, can make the complex process of getting disability benefits even more complicated.
If you’ve been denied Social Security Disability benefits, don’t give up.
We can support your appeal and help you get to a place of longer-term financial stability.
