At Hoglund Law Offices, our Social Security Disability clients frequently ask us whether they should apply for unemployment benefits. States vary, but we tell our clients that although it is their choice, receiving both benefits at the same time may cause them to conflict with each other. Generally, someone applies for Social Security benefits because they cannot work due to a medical condition. On the other hand, someone applies for unemployment benefits because they can work but were laid off.
In our law firm’s experience, the possible conflict plays out at the hearing level. At best, administrative law judges (ALJ’s) usually request our clients to change when they were first disabled to after they last got unemployment benefits. This means less Social Security benefits back-pay. There are some exceptions.
At worst, however, ALJ’s may find that applying for both unemployment and Social Security disability benefits makes our client’s disability claim somewhat less credible.
Our law firm’s best rule of thumb about unemployment benefits: If you intend to apply for unemployment benefits with a pending Social Security disability benefits claim, make sure to:
- Complete all unemployment forms completely, accurately, and truthfully,
- Follow through with all your ongoing obligations to receive unemployment benefits, and
- Report any benefits you receive to each agency.
If you are not a current client, make sure to get legal advice about your particular situation.
Andrew Kinney, Esq.
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