How Will Unemployment Benefits Affect My Social Security Disability Case?

If you are applying for social security benefits at the same time you are applying for unemployment benefits, you want to be careful, because when you apply for social security benefits you are telling a government entity that you are unable to work on a full time basis, but you are telling the unemployment office that you are ready, willing and able to work full time, and this is inconsistent.

Many times judges will confront you with this. You want to think carefully whether that’s a good idea. Having said that, there are certain things that you can do. For example, if you only received unemployment benefits for a short time you might be in the situation where you really did think you could work, and you tried it, and you weren’t able to find any work, at which point you apply for disability benefits. Another common situation are people who are over 50. When you turn 50, the rules and definition of disability for social security changes and a common way to win if you are over 50 is to claim that you are unable to do your past work and that you are limited to just a sit down job, and if you say that, that’s not inconsistent with going to unemployment and saying I’m ready, willing and able to do a sit down job.

If you have applied for disability benefits while you were receiving unemployment benefits, it is a delicate situation, this really is where you would want to have an attorney, so feel free to fill out a contact form or give us a call. We would love to help.