and applying for disability benefits.
If you choose to file for
disability while receiving unemployment benefits you may be decreasing your
chance of being awarded disability. If you are currently receiving
unemployment, you are stating that you are ready and able to work and are
actively searching for a job. By applying for disability you are stating that
you have a physical or mental condition which prohibits you from being able to
work for at least a year. These two statements go against each other.
The Social Security
Administration states that receiving unemployment benefits does not prevent
someone from receiving disability benefits. Some attorneys would advise against
applying for disability while an individual is receiving unemployment. The
Administrative Law Judge reviewing the case could consider the conflict grounds
for denial. The ALJ can consider any jobs that the applicant has applied for
while claiming unemployment when deciding about awarding benefits. If the
applicant says that he/she cannot do physical labor but has applied for a job
which requires it, the ALJ may deny the case based on that.
There are certain limited
circumstances where a person may be entitled to both. It is complicated and
certain criteria need to be met in the case of the unemployment as well as the
disability claims. Overall there are some potential disadvantages to receiving
unemployment while applying for disability. If you think you may qualify for
both unemployment and disability, the best thing to do is to contact a
disability lawyer who will help you determine what you should be applying for.