Legal Question in Social Security Law in Massachusetts

mass unemployment

can I be receiving unemployment benifits and also receive social security?


Asked on 8/11/08, 8:15 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: mass unemployment

I have not reviewed specific statute and regulation in this answer, so you are getting a "general" answer. You may want to obtain further advice.

That being said, this depends on what the basis of your Social Security is. If it is disability, your receipt of benefits for unemployment implies that you are "ready, able, and willing" to accept employment. You certify this under the pains and penalties of perjury. This amounts to certifying that you are NOT "unable to perform substantial gainful activity."

The above answer assumes full-time work resulting in full-time benefits. If you are seeking part-toime benefits for part-time employment, the receipt may not be inconsistent. However, again, I have not reviewed the regulations.

Of course, you can seek any benefits you believe that you are entitled to, and then consider the decisions you get from the agencies involved. You COULD end up having BOTH agencies decide you are due no benefits based on the applications to the other.

You should get advice from a lawyer concentrating in benefits law, and based on a more detailed discussion of your situation.

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Answered on 8/11/08, 12:34 pm


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