Gardberg & Kemmerly, P.C. Attorneys at Law

Social Security Disability and Unemployment Benefits

SOCIAL SECURITY DISABILITY AND UNEMPLOYMENT BENEFITS

Often times, clients ask if applying for and receiving unemployment benefits will affect his or her claim for Social Security disability. The short answer is yes. Social Security policy, however, indicates that receipt of unemployment benefits does not preclude the receipt of Social Security benefits. Social Security has taken the position that individuals need not choose between applying for unemployment insurance and Social Security benefits.

If a claimant for Social Security benefits has also applied and received unemployment benefits, the Administrative Law Judge can consider the application and receipt of such benefits with all of the other medical and record evidence. Often, the reason for applying for unemployment benefits will be more important to the Administrative Law Judge's decision than the actual receipt of those benefits. Social Security has tasked the Administrative Law Judges with considering the totality of the circumstances in determining the significance of the application of unemployment benefits.

Thus, although application for and receipt of unemployment benefits does not disqualify a claimant from receiving Social Security benefits, it will be considered in combination with other record and medical evidence in your file.

Gardberg & Kemmerly, P.C. serves the injured and disabled throughout the Gulf Coast area. If you have questions about Social Security disability and how receipt of unemployment benefits may affect your case, contact one of our experienced attorneys today for a free case evaluation at 251-343-1111.

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