You can legally. However, some judges do consider it inconsistent to apply for benefits and social security. Some judges believe that if you hold yourself out as able to work, you are not disabled. That is not the law, only their opinion. My understanding is that on the unemployment application, they ask if you have disabilities, and you have to decide what to put down. I do have a specific argument I make in that regard if we go to a hearing. You have to decide whether you can make it financially for the time it takes to process a Social Security application, which can take up to 3 1/2 years to get payment. You can receive early retirement. If you win you disability case, you will get your full retirement pay. However, that will reduce your potential back benefits. Some attorneys will not take your case because the fee will be so small.
