SHOULD YOU APPLY FOR UNEMPLOYMENT BENEFITS?

You have become disabled and are waiting on a pending Social Security claim, which can take months or years to be decided.  Should you apply for unemployment benefits with the state?

Unemployment benefits are designed for workers who are able to work, available for work and looking for work.  Most of the people receiving unemployment benefits were laid off due to one reason or another.  Unemployment is intended to help you until you find another job.

If you are unable to work (disabled), you will probably not qualify for unemployment benefits because you are no longer in the workforce--that is, you are no longer an available worker who can be hired.

How does unemployment effect Social Security disability?  There is no law that specifically prohibits a Social Security disability benefit because the claimant received unemployment benefits.  However, some judges look at unemployment as a sign that the claimant really was not disabled.  "If you received unemployment benefits, you had to tell the state that you were able to work, available for work, and looking for work," some judges will say.  "Now, you're telling me just the opposite--that you were not able to work.  So, which is it?"  In short, unemployment benefits can hurt your credibility with Social Security.

I will add that some judges make more of an issue out of unemployment than others do.  But some judges simply will not allow a disability benefit for the same period that a person received unemployment benefits.  And since you don't know which judge will hear your case, why take the chance?

In short, getting unemployment benefits can hurt your Social Security disability claim; it never helps it. 
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"The Social Security People"
PHONE (256) 799-0297

E-Mail Us:  forsythefirm@gmail.com

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