Our Social Security Attorneys realize that the process of filing for Social Security Social Security is complex. Many people recognize the need for assistance with certain aspects of the process such as the paperwork. However, there are issues most people don’t consider. For example, you may not be aware that claiming unemployment benefits can significantly influence the decision that is made regarding your disability claim. Our Social Security Disability attorneys are available to discuss your case and answer questions you may have. Contact our offices at 344-3044 or 466-2972 to schedule an appointment.
How Does Unemployment Affect My Claim?
You should be aware that Social Security rules don’t specifically state that you are ineligible for disability benefits if you are receiving unemployment benefits. However, there is more to the story. It’s very difficult to determine exactly how claiming unemployment benefits can impact your Social Security Disability claim, but it will almost always be negatively. Your credibility will likely have a significant impact on Social Security’s decision. Credibility will be questioned if you currently receive unemployment because most states require that you are ready and able to work to qualify. How can you be disabled and able to work simultaneously?
Many people believe that if they complete the appropriate number of applications required by unemployment and at least attempt to work, they deserve to receive unemployment while applying for disability. If you feel that you won’t be able to maintain a job due to your health, do not apply for unemployment. By filing an unemployment claim, you are telling one government agency that you are actively looking for work and can begin immediately. However, by filing for Social Security you are telling another government agency that it is currently impossible for you to work. These two statements contradict each other and can hurt the most important element of your case—your credibility.
For example, many Social Security Social Security claims involve some aspect of pain that prevents the individual from maintaining employment. However, Social Security has no way to verify that your pain is real because it is a subjective symptom. This makes it difficult to determine exactly what your physical limitations are. As a result, filing for unemployment, even if you don’t believe that you can fulfill job requirements, can cause a judge to question your credibility and the severity of your pain and limitations, because you are stating that you can work by applying for unemployment.
There can be a significant cost involved if you opt to apply for unemployment benefits while waiting for a decision regarding your disability. Ultimately, whether applying for unemployment has hurt your disability case depends upon the judge assigned to hear your case. There are judges that are sympathetic to your plight and are forgiving in these situations. However, there are also judges that will use your unemployment claim against you and regard it is a reason to discredit your testimony regarding your illness. This, in turn, will result in your Social Security Social Security benefits being denied.
It is virtually impossible to know exactly what the cost of unemployment will be in your disability case. It is important to contact an attorney for guidance in this matter. If you are already collecting unemployment, contact your attorney as soon as possible and make them aware. Should you have further questions about disability and unemployment benefits, call our Boise office at 344-3044 or our Nampa office at 466-2972. We offer free consultations to determine if you are a possible candidate for Social Security benefits and can assist you with the process of filing for disability.
We encourage you to contact our offices immediately to get your claim started. Our Social Security Attorneys are experts in disability law and look forward to assisting you.