A question we often get from clients are "I am receiving Unemployment Compensation benefits, can I still apply for Social Security Disability?"
If you are collecting Unemployment Compensation you can still apply for Social Security Disability. It is somewhat of a contradiction. Unemployment Compensation benefits are collected when you are fired from a job. Usually, in order to continue to collect Unemployment Compensation benefits you must be looking for employment. People applying for Social Security Disability are stating they need compensation because they are too disabled to work.
In 2006, the Chief Administrative Law Judge issued a memo to all the ALJ's reminding them that "the receipt of unemployment insurance benefits does not preclude the receipt of Social Security Disability benefits. It is only one of many factors that must be considered."
Also, the Social Security Regulations state that a person over 50, whose past work was physically demanding, is disabled if he or she is now limited to sedentary work. Thus, even if such a person receives Social Security Disability, he or she could be "ready willing and able" to do sedentary work and thus qualify for unemployment compensation as well!
The same is true for part time work; being "ready willing and able to work," but only less than full time, appears to allow for the receipt of both types of benefits.
As a practical matter the Agency and especially the Judges understand the need to get some income, so this has never been a significant problem for my clients. I have not seen any judges find a claimant not disabled until his unemployment compensation is exhausted, or even deny a claim due to receipt of unemployment compensation.
For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com
