How do Unemployment (UE) Benefits affect my claim for Social Security Disability Benefits?

Alabama Disability Lawyer UE benefits and Disability

How do Unemployment (UE) Benefits affect my claim for Social Security 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 loose 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.

In my opinion, the best way to lessen the impact of UE benefits on your claim for disability benefits is to contact an attorney experienced with the Social Security Rules and Regulations for assistance.

If you have any questions or concerns, please do not hesitate to contact one of the experienced Alabama Disability lawyers at Powell and Denny.

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