I recently appeared in a Social Security disability hearing where the client had what should have been a clear cut disability case. He had a severe medical condition that had lasted for many months. His condition did not respond to treatment and was expected to last indefinitely. Finally, he had seen his family doctor in Murfreesboro several times per month and his medical file showed unmistakable evidence of the extent and severity of his condition. For several months, the client had been receiving unemployment benefits after leaving his previous job.
Applying for unemployment benefits is something most people do automatically after losing a job, almost without thinking about it. Unfortunately, filing for unemployment insurance can have serious consequences if you are also filing for Social Security disability. Why? Because of the weekly certification requirements. Each week when you file for unemployment benefits, you certify to the state that you are physically able to work, you are looking for work, and you are available to accept work if it is offered. Social Security knows this, so when the judge looks at your records, it can produce a very awkward conversation. In this case, the judge wanted to know why the applicant told the state of Tennessee that he could work, and then told Social Security that he could not. This contradiction can damage a claimant's credibility in the eyes of the court, and the judge may choose not to believe other parts of his or her testimony.
In the end, we were able to explain the discrepancy to the judge's satisfaction and our client was approved for benefits. Still, receiving unemployment benefits often raises questions that need to be handled appropriately for a case to be approved. It's one more reason that applicants need an advocate who understands the system and will work to protect their rights.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
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