11222017Headline:

Fairfax, Leesburg & Loudoun, Virginia

HomeVirginiaFairfax, Leesburg & Loudoun

Email Doug Landau
Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

Can you apply for Unemployment AND Social Security Disability at the same time ?

4 comments

Although some commentators are of the opinion that there may be risks if a claimant applies for BOTH Unemployment Insurance benefits and Social Security Disability ("SSDI") benefits at the same time, for those individuals who do not have a financial choice, one is not prohibited from applying for both types of benefits at contemporaneously. The basic requirements to receive these benefits are as follows:

  1. 1. For Unemployment benefits, one must claim to be ready, willing and able to work, but cannot find employment.
  2. 2. For Social Security Disability benefits, one must show that a medical condition (or combination of medical conditions) prevent substantial gainful employment.

These two positions seem to be at odds with each other. However, in the United states Supreme Court case of Cleveland vs. Policy management Systems Corp., 526 U.S. 795 (1999), the Court held that:

  • (a) claims for Social Security Disability Insurance benefits and for ADA damages did not inherently conflict, and
  • (b) an employee was entitled to an opportunity to explain any discrepancy between her statement in pursuing SSDI benefits that she was totally disabled and her ADA claim that she could perform essential functions of her job.

A similar analysis can be applied to the receipt of Unemployment benefits where one alleges an ability to do some type of work. Holding oneself out as being able to work is not the same as being able to work and perform substantial gainful activity. Also, the optimistic dsire to work is not proof of the ability to work. Many employers will not hire someone with multiple health issues or medical problems, despite that applicant being willing to make a work attempt. At the Herndon law firm of ABRAMS LANDAU, Ltd., we have successfully represented disabled workers get their Social Security Disability benefits despite several short periods of working after the onset dates of their disability. These are considered "unsuccessful work attempts," and,. according to Washington DC and Virginia "Super Lawyer" Doug Landau, they often go a long way toward showing the Federal Administrative Law Judge that the claimant is trying to work, attempting to make the best of a difficult situation, and under extreme financial duress.

If you or someone you know If you or someone you know has become disabled and needs help seeking Social Security benefits, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as there are strict time deadlines with such important claims.

4 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

  1. velma pomerleau says:
    up arrow

    I have been cleared for work I am on unemployment EB. However, when I work when my employers notice my leg braces for arthritice in my knees they lay me off after very bad treatment and a big run around. I am a very excellent and smart electrician and a very good worker. I am a female, I was pushed down on a cement floor the first year of my apprenticeship and did not file a work mans comp claim mostly out of fear of loosing my apprenticeship. I am due for knee replacement surgery and I am very worried how I am going to make it somehow. I hope they let me work and not try to make me look bad. I am union I tried hard to hide this under my pants.and say nothing.hope they will not notice.

  2. ERICPATTERSON says:
    up arrow

    I CANT USE MY LIFT HAND THAT GOOD

  3. ERICPATTERSON says:
    up arrow

    I CANT USE MY HAND THAT GOOD IT HURTS ALL THE TIME IHAVE NOT WORK IN A YEAR

  4. ERICPATTERSON says:
    up arrow

    ERIC PATTERSON pattersoneric1044@yahoo.com my hand hurts all the time i cant use it that much