Social Security Disability and Unemployment
When we speak with new clients my office goes through a list of questions that, at first glance, seem unrelated to a disability claim. Have you received unemployment? What is your education level? What do you do on a typical day? We don’t do this boring version of the “20 Questions Game” to be nosy or waste a client’s time. Instead, the answers to these questions can sometimes make or break a claim.
Let’s be clear: A Social Security Disability (SSD) case cannot be won without strong medical evidence. But a good representative knows that it is important to show that the claimant is a person, not just a stack of medical records. In this mini-series, we’ll look at a few of the non-medical factors that can impact a claim.
Receiving unemployment benefits after the date you say you became disabled (“alleged onset date”) can be big issue. There is a conflict between saying “I am disabled” while certifying for unemployment. In order to receive Unemployment benefits the worker has to be *able* to work and *actively seek new employment.* Certifying that those statements are true for Unemployment while alleging, at the same time, that a person is disabled and *unable to work* doesn’t always add up.
There are long delays associated with disability applications and appeals; how are claimants supposed to survive when they cannot work? This is a tough question the Social Security Administration does not clearly address. In 2006 the SSA’s Chief Administrative Law Judge, Honorable Frank Cristaudo, issued a memorandum that stated that receiving Unemployment benefits did not make a claimant ineligible for SSD benefits. However, in 2011, a federal court case, Roberts v. Astrue, affirmed that a Judge was correct in using an application for Unemployment against the claimant.
Social Security judges are not consistent with how they approach unemployment. Some do not focus on the issue and leave it up to the State of North Carolina. Others will not award benefits for the time period when a claimant received unemployment; an amended onset date may be required. Changing the onset date may impact the amount of retroactive benefits (“back-pay”) and the date of Medicare eligibility.
In short, when it comes to Unemployment, honesty is the best policy. If you decide to apply for Unemployment be truthful about your Disability application status. Also be sure your SSA Disability representative knows if you received unemployment benefits.
Oxner + Permar, PLLC is a leader in North Carolina injury law concentrating on workers’ compensation, personal injury and social security disability. The firm has offices in both North and South Carolina. For more information, visit www.oxnerpermarlaw.com.