Should you accept unemployment benefits while your SSDI case is pending? My experience has been that Social Security judges will have concerns if you accept unemployment compensation during your wait for your Social Security hearing.
Generally, when you apply for unemployment, you are asserting that you are ready, willing and able to work. You may also be required to report to your local unemployment office with proof that you have looked for work and you may be required to attend vocational rehabilitation or other programs to help you resume employment.
While I think that unsuccessful work attempts can help your Social Security case by demonstrating your motivation and credibility, my sense is that if you accept money from a state unemployment agency, you demonstrate your belief that you have the capacity to work a full time job. There are enough claimants out there that manage to find a job that they end up losing, that some judges may feel that a person collecting unemployment is looking for a specific type of job as opposed to any work. Since Social Security disability looks to your capacity to perform any type of job, your receipt of unemployment compensation may muddy the waters.
That being said, I don’t hear judges asking about unemployment as much as I used to, now that the wait for a hearing can be two or three years. Still, be aware that if you do apply for and receive unemployment compensation you may be asked to reconcile your claim that you cannot perform competitive work with your assertion that you are ready, willing and able to accept employment.
[tags] Social Security disability and unemployment compensation, unsuccessful work attempt [/tags]