Receiving Social Security Disability & Unemployment Compensation at the Same Time - No Easy Answer

There appears to be a conflict between Socialwork, the person may be able to also qualify for
Security Disability and UnemploymentUC.
Compensation. In order to get Social SecurityEach State has its own eligibility rules for receipt
Disability, you have to claim you are "disabled" forof unemployment compensation.
any work. However, to obtain UnemploymentUnlike SS, each State administers a separate
Compensation you have to claim you are "ableunemployment insurance program within guidelines
and available" for work.set by Federal law. Unemployment benefits are
The November 15, 2006 Memorandum fromusually for people who have lost their job through
Chief Judge Frank Cristaudo.no fault of their own under State law. So each
The Chief Judge said, "... the receipt ofstate maintains its own criteria for the receipt of
unemployment insurance benefits does notUnemployment Compensation. Some states were
preclude the receipt of Social Security disabilityreducing their UC if the claimant received SS
benefits. The receipt of unemployment benefits isDisability. The claimant has to check the rules in
only one of many factors that must behis or her state. For example, the state of Virginia
considered in determining whether a claimant iswill reduce the claimant's UC up to 50% due to
disabled.... "Therefore, it is SSA's position thatreceipt of SS Disability benefits as stated in
individuals need not choose between applying forVirginia Code 60.2-604.
unemployment insurance and SS disabilityThe inconsistency in saying I am "fit and able to
benefits. However, application for unemploymentwork" to the Unemployment agency and saying "I
benefits is evidence that the ALJ must consideram disabled" to Social Security.
together with all of the medical and otherMany Social Security Judges that I appear in front
evidence.of will automatically disqualify a claimant who has
What about the claimant who meets SSA'sbeen on Unemployment Compensation. They will
definition for disability?assert the claimants who are receiving
Some sharp Social Security practitioners haveunemployment compensation are simply "not
argued a person who is over 50 who had a pastcredible" when they also apply for disability. These
work background of manual labor (which thejudges may simply be misinformed in light of the
person can no longer perform) is "disabled"above memo by the Chief Social Security Judge.
under SSDI Rules if he or she is now limited to 
sedentary work. Thus, this type of person couldSummary
also qualify for Unemployment CompensationIn light of the above one can safely say the
since he or she could still work.following: (1) Social Security should not prohibit you
What about the claimant who is limited tofrom filing for disability benefits just because you
part-time work?receive unemployment compensation; (2) a Social
A person who is limited to part time work "isJudge is not supposed to deny your claim based
ready and willing to work," but cannot work"solely" on the fact you receive unemployment
full-time and thus could theoretically qualify forcompensation; (3) a Social Security Judge may
Social Security Disability. If you cannot do full timeuse your receipt of unemployment compensation
work, then you can be found disabled under SSas one of the factors in denying your claim; and
Rules (a person will be found disabled if he or she(4) your Unemployment Compensation agency in
cannot perform sustained activity 8 hours peryour state may reduce your unemployment
day, 5 days a week - Social Security Rulingbenefits if you receive Social Security Disability
96-8p). Since he or she could look for part-timebenefits.