Social Security Disability and Unemployment Benefits

Businessman writing at desk, close-up Lowell Social Security Disability AttorneyAre you waiting for Social Security disability payments and want to collect unemployment benefits? If so, make sure to speak to your attorney before you file for unemployment benefits. These are two very different programs, and a Lowell Social Security disability attorney can help you navigate the process of applying to both.

The Difference Between Disability and Unemployment Benefits

When you file for Social Security disability benefits, you are making a legal statement which claims that you have either been unable to work for the previous 12 months due to a disability, or that you will be unable to work for at least the next 12 months due to your disability. When you file for unemployment benefits, you are making a legal statement that says you are currently unemployed but are actively looking for work and ready to accept employment based on your work skills. Some states even require that you are capable of working full-time on a new job before they will pay unemployment benefits. As you can see, the ability or inability to work are the key issues for each of these programs, and filing for both sends conflicting messages to these agencies.

Controversial Issue

Whether to apply for unemployment benefits while you are making a claim for disability benefits is very controversial. Social Security claim adjusters, representatives, and reviewers often find unemployment benefits and Social Security benefits conflicting. Additionally, administrative law judges often frown upon someone receiving both benefits and may rule against the person applying for disability.

What Will a Lowell Social Security Disability Lawyer Advise in This Situation?

Your Lowell Social Security disability attorney will consider many factors before advising you about filing for unemployment benefits while you are seeking disability. In most cases, your attorney will advise you not to seek unemployment benefits while you are applying for disability. This will ensure that anyone who is reviewing your case will not see a conflict of interests. There may be a few exceptions to this rule. However, the attorney will have to carefully review the situation. An example of a person who may receive both is an elderly worker who can no longer perform a physical job. This job would have to be his main job, and he would not be able to perform any sedentary jobs that were offered to him because of current skills or availability of positions. In this case, it may be wise to apply for both benefits. However, there will remain a risk that the Social Security office will see this as the employee still being able to work and therefore is not disabled. The Social Security office almost always rules against the applicant, which means a denial of benefits.

Contact a Lowell Social Security Disability Attorney Today

If you need to apply for Social Security disability benefits, or if you have been denied benefits, it is important to seek legal advice from a disability lawyer. If you are receiving unemployment benefits and now would like to apply for disability, it would most likely be in your best interest to have the unemployment benefits stopped before applying. However, speak to a Lowell Social Security disability attorney before making any decisions. Only an attorney can provide legal advice. If you are in need of assistance with a Social Security disability benefits case, please feel free to contact the Palma Law Offices, PC at 888.295.4955. One of their professional representatives will set you up for a free case evaluation with a dedicated Lowell Social Security disability attorney in their firm.