No one prepares you for being disabled. And few people plan for that day; the day that your medical condition keeps you from working.  Our society has been conditioned on the premise that we all go to work, we retire, and then sail off into the sunset.

So when it happens, it’s no wonder you aren’t prepared for the life altering decisions you have to make.  You’ve never gone to the government for help.  You’ve never applied for food stamps.  You’ve never gone to the health department.  You’ve never asked for help with the light bill, food, gas, or even shelter.  We aren’t wired this way.  We are strong.  We are capable.  We are resilient.  However, when faced with the reality of survival, we find ourselves having to make tough decisions and accepting the consequences that come with those decisions.

The first decision we all make is usually all about money.  We need it to survive.  We need it to persevere.  So, when faced with the option of applying for benefits from the government, sometimes, the decision is not always neat.

Let’s say you were let go from your job.  You know it was due to your health.  So, you decide to apply for Social Security Disability.  Why?  It’s simple.  You can’t work.  When you apply for Social Security Disability, you’re telling the federal government that you can’t work.   So, the decision to apply is easy. Unfortunately, you have to wait a long time to go through the process; sometimes months, or even years.

However, you just realized that you also can apply for Unemployment.   Now, this puts you in a difficult position.  Why?  Because, when you apply for Unemployment Compensation, you’re telling your state government that you can work.

So, wait?

If I apply for Social Security Disability, I’m telling the government I can’t work.

If I apply for Unemployment Benefits, I’m telling the government I can work.

See the problem?

So the question is:  What should I do??

This question is tough to answer.   Currently, there is nothing in the regulations that prohibits someone from receiving Unemployment Benefits and Social Security Disability benefits.  However, if you are receiving unemployment benefits, your credibility may be called into question.  Think about it.  You’re telling the government two different things.  So, which one should they believe?

As an attorney, I can talk to you all day about the legal impact of applying for Social Security Disability and Unemployment Benefits.  However, I, also, understand the personal impact of applying for Social Security Disability and Unemployment Benefits.   You have hard choices to make.  When faced with the possibility of no income coming into your household, you will make a decision that is best suited for the livelihood of you and your family.  Let’s face it.  The light company is not going to hold off on letting you pay the let bill until you get disability.  The last time I checked, you can’t get groceries using an I.O.U.

Am I saying you can’t get disability if you’ve applied for unemployment benefits?  No.   Will the fact that you applied for unemployment benefits be taken into consideration?  Absolutely.    Remember, everyone’s circumstances are different.   You may have applied for unemployment but didn’t get it because you told them you couldn’t work.  Perhaps you applied for unemployment, received it, but your condition got worse.  Or, you could have fallen under a variety of other scenarios.    Also, the impact of receiving Unemployment Benefits may also depend on who is making a decision regarding your Social Security Disability case.

Just know that receiving unemployment benefits may impact your Social Security Disability case. However, the choice to apply for both is yours.  Simply put, at that crucial moment, you will be faced with the possibility of making a tough decision.   Apply for unemployment benefits with the knowledge that it may negatively impact your Social Security Disability case.

1) What is a Continuing Disability Review?

2) Why does Social Security make such a big deal over receiving Unemployment Compensation benefits? ..

This is probably the hardest part of being a Social Security Disability attorney. I know I’ve talked about unemployment compensation benefits before but people continue to ask me how those benefits will affect their case. As you know in today’s economy, the current administration has regularly extended unemployment benefits because the job market continues to be a tough one.

But the issue get to be more complicated if you are receiving unemployment compensation benefits and trying to get Social Security disability benefits at the same time. I’ve discussed this topic before in prior posts and I’ve done this in YouTube videos as well. I’ve also made the point of letting everyone know that the Social Security Disability program and the unemployment compensation program don’t work together.

I’ve been know to say,  “Unfortunately, the Bill Collector won’t stop sending bills just because you say you can’t work because of your disability.”  I’m sure that a lot of people out there know going in that if they apply for unemployment and apply for social security, they might face some problems trying to get their social security benefits later.  But in most cases, when they apply for unemployment, they think they’ll be able to find a job.  What usually happens is they eventually realize they can’t work.

So here is the problem. Do you go back and tell unemployment to stop paying you the weekly benefits? Or do you enjoy the little bit of money you get until Social Security hopefully pays you, which could be one to three years from now?

I didn’t write this post to tell you anything you didn’t know already.  My job in this post is to tell you the unfortunate truth of which you probably are well aware. If you apply for unemployment compensation and you receive it while you’re waiting for your social security disability, be advised that at some point your unemployment compensation benefits will be an issue. How much of an issue will totally depend on who’s making a decision at that time.

Am I saying that you absolutely can’t apply or receive unemployment compensation benefits and still get social security disability benefits?  No!  What I am saying is that sometimes people fail to understand that these two programs have two totally different goals and those goals don’t necessarily work together.

Let me explain with a little more detail.  When you apply for unemployment compensation benefits, you’re telling the government that you’re able to work you just haven’t found a job.  When you apply for Social Security disability, you’re telling the government that you cannot work because you are disabled.  Now can you see how there might be an inherent conflict between the two?  On the one hand, you’re telling the government that you can work but on the other hand you’re claiming you can’t work.  So what happens is that you put the government in the position of deciding which one of the two situations is the truth.

Of course it’s not quite that simple.  Some people who initially apply for unemployment benefits actually believe they can go back to work.  If you fall into this situation, you may not have a problem.  The tricky part is during the application process.  If you apply for unemployment, some states ask you if you think you’re able to work.  If you think you can work and you try, that’s one thing.  If you know you can’t work but you just say you can, that’s another thing.

This is why I always tell people it’s important to remember that unemployment compensation benefits may impact your case, and you’d better be prepared to explain why you applied for both programs.