can I collect unemployment benefits and apply for disability social security?
Atlanta, GA
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Posted 10 months ago in Social Security
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I began to collect unemployment in 2008..I was laid off from my job.I have since became disabled but I continue to apply & seek work under the terms of my continuing to receive unemployment benefits.Nobody will even give me an interview once I speak to them & they see how my speech is affected,if I apply in person they dont call me.I believe its because I visibly shake & am dependant on stable items to balance myself.Of course they don't say that is the reason.My unemployment benefits expire may 2008 ( in 3 1/2 months).Can I & should I apply for my SS Disabilty now or should I wait ?
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Answers (2)David Michael Church
This attorney is licensed in Washington.
Posted 10 months ago.
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It is hard to know exactly how to answer your question without having all the specifics of your situation. However, the basic problem is that unemployment and disability are for the most part inconsistent with each other. For unemployment, you typically need to be available for work, capable of working, and seeking work. For disability, you are saying that you are not capable of full-time employment.
Social Security may hold it against you if you are collecting unemployment while trying to get disability because of this apparent discrepancy. However, there are circumstances where there actually is no inconsistency between the two programs. For example, a person that is 50+ years old and limited to sedentary work could be found disabled by Social Security's rules if they haven't done sedentary work in the previous 15 years. If such a person is collecting unemployment while looking for a sedentary job, then there is no inconsistency. Your best bet would be to contact a local attorney who specializes in Social Security disability. Many attorneys will offer a free consultation to see if the facts of your case warrant a Social Security application at this time or if it would be better to hold off for a while.
Kevin Lee Linder
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