- DISABILITY CLAIM FAQ
A common practice among many a Social Security Administrative Law Judge (“ALJ”) is to deny disability benefits for any period of time during which the claimant received unemployment benefits. The traditional argument is that when a claimant goes to the unemployment office to receive a benefit check he or she signs a written statement certifying that he or she is ready, willing and able to work. That argument fails as both a factual and legal matter.
I just received a fully favorable decision today even though the claimant testified that he had received unemployment benefits after the date when he alleged he became disabled. Upon hearing that testimony that ALJ stated that she assumed I would amend the onset date to reflect the receipt of unemployment benefits. I contended that there was no reason to do so because the claimant testified that he applied over the telephone for the unemployment benefits, and was not advised, nor was aware, that he was certifying that he was ready, willing and able to work. I also told the ALJ that I would submit a post-hearing memorandum to address the legal merits of my position.
The memorandum explained that under the Social Security laws a claimant is disabled when unable to work on a “regular and continuing” basis, which means 8 hours a day, 5 days a week. However, under New York State law, a claimant can receive unemployment benefits even if capable of working only part-time. Therefore, even if my client were ready, willing and able to work on a part time basis, his impairment would not allow him to work full-time. In other words, a claimant can look for part-time work and receive unemployment compensation benefits while still retaining eligibility for Social Security benefits.
Rather than being pressured to relinquish the right to receive disability benefits during the time when unemployment benefits were received, a claimant should appeal the late onset date. There are countless Appeals Council decisions remanding this issue to the ALJ for reconsideration.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou