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Alabama Disability Attorney Can I Receive Unemployment and Disability Benefits

Alabama Disability Attorney Can I Receive Unemployment and Disability Benefits

Alabama Disability Attorney Can I receive unemployment and disability benefits? The receipt of unemployment (UE) insurance benefits does not, in and of itself, preclude a person from receiving Social Security Disability benefits, but it is a factor to be considered by the Social Security Administration or Administrative Law Judge, and it is understandable why many people believe that the fact they have drawn or are drawing UE benefits disqualify them from being awarded Social Security Disability benefits.

In Alabama, to draw unemployment benefits you have to show that (i) you are without employment for "good cause" (not due to personal reasons, being fired for misconduct, being unemployed by to a labor dispute, etc) and that (ii) you are able, seeking and willing to immediately accept full-time work. In making a claim for Social Security you are stating that you are not able to work on a continual basis. It would seem that the two claims are mutually exclusive, but that is not necessarily true.

The Social Security Administration recognizes that often people who lose their employment due to an injury or illness really believe that they will be able to return to work, if not at their old job, then doing something else. Down the line, the claimant may come to believe that they really are not capable of working, and they then may wish to apply for Social Security Disability benefits. Given this fact, it is Social Security's position that individuals do not have to choose between applying for UE benefit or disability benefits; however, application for unemployment benefits is evidence which the Administration must consider together with all of the medical evidence or otherwise in your case. Moreover, recently some States have included the question in an application for disability benefits asking if the claimant is also seeking disability benefits. Do not lie as such an outright lie could not only prevent you from obtaining disability benefits, but could also lead to charges of fraud.

If you believe that you are disabled and you have questions about your right to Social Security Disability benefits, don't hesitate to call and speak with one of the experienced Alabama Disability Attorneys at Powell and Denny.

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Alabama Disability Attorney Can I Receive Unemployment and Disability Benefits

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