Unemployment Insurance and Social Security Disability

The receipt of unemployment insurance during a time period of claimed disability often comes up in social security disability hearings. A problem exists because in order to obtain unemployment benefits, a person must certify that he/she is “willing and able to work.” While the law does not prohibit this from occurring, as a practical matter most judges will bring pressure to change the beginning date of disability so that it coincides with the time period after unemployment benefits have stopped. If you receive unemployment benefits make sure you advise your attorney about this early in the case.