UNEMPLOYMENT BENEFITS AND SOCIAL SECURITY DISABILITY CLAIMS

November 3, 2011

A Social Security Disability claim is an application for assistance because the applicant has lost the ability to work. The applicant is implicitly telling the Social Security Adminstration that due to medical conditions (physical or mental) "I am unable to work ANY job that exists within the United States, and I expect my conditions
to limit me for at least 12 continuous months." (Note: the applicant cannot perform the duties of any job, not just your previous occupation) The former statement is a bold declaration; therefore, any relative action taken after an applicant's alleged onset disability date or AOD, may potentially affect the outcome of their claim. For example, let's take a look at how an applicant's collection of unemployment benefits after their AOD can damage their claim.

Unemployment benefits can negatively affect your claim for disability benefits because receipt of these benefits usually require the applicant to declare that he or she is ready, willing and able to work. If you are telling one agency that you are able to work to get unemployment benefits, you are filing a contradictory claim for Social Security disability benefits because you are alleging that you are unable to work because of a disability. Social Security can use the receipt of unemployment benefits as one of the factors they consider in analyzing your claim for disability benefits.

Furthermore, the Employment Commission or unemployment agency could later find that you must repay any unemployment benefits that you received if your Social Security claim is awarded within the same time period you received unemployment benefits. Therefore, it is highly important that an applicant's AOD, does not contradict itself in regards to unemployment (ability to work) and disability insurance benefits (inability to work).