I slipped and fell back in September of 2014. I applied for LTD and Social Security as I am disabled from working in my current occupation. I was terminated in June, can I collect the unemployment and it not interfer with the other benefits I awaiting decision on?
Collecting unemployment does not automatically disqualify you from SSDI, but it could hurt your credibility with some judges because to get unemployment benefits you are saying that you are capable of working.
Answers and comments provided are for general discussion only. They are not to be considered legal advice nor create an attorney-client relationship.
Yes you can collect it. It can also affect your receipt of benefits. Also your LTD policy may contain offset provisions. You'll need to obtain a copy of the policy to know for sure.
The information provided here is meant to be general in nature and not intended to establish an attorney-client relationship.
There is an inherent contradiction between unemployment and social security. In one you are saying you are able to work while in the other you are saying you cannot work. This can be addressed by counsel but be aware of the issue.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Typically, to get unemployment you have to assert that your are ready, willing, and able to work and be engaged in a job search. To obtain Social Security, you are asserting that you are unable to work and earning substantial gainful income. So, most SSA judges will have a problem with that because it looks like you are saying two different things. However, there are some cases where it is not necessarily inconsistent to receive Social Security and unemployment: For example, if you are over age 50 with an unskilled work history and are disabled pursuant to a Medical-Vocational rule. As you can see, there are complicated issues involved. You should get a qualified Social Security attorney ASAP to represent you in the appeal. You have to review your LTD policy to see if unemployment will affect that benefit.
Answers and comments provided are for general information only. They are not legal advice and do not create an attorney-client relationship. Licensed to practice law in Florida and North Carolina only.
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