How Can a San Diego Disability Attorney Help Your Case?

How Can a San Diego Disability Attorney Help Your Case?

Filing for Social Security disability is a lengthy process, and you’ll need income to help you get through the time before your disability claim is finally approved. You may be able to apply for unemployment benefits, but that application can hinder your Social Security disability approval. With some preparation, research and the help of a disability attorney in San Diego, you can find out whether you will be able to get disability and unemployment payments.

What Sorts of Conflicts Exist Between Social Security Disability and Unemployment?

When you make an application for unemployment benefits, you’re essentially swearing under oath that you’re physically able to work, you’re actively seeking work, but have lost your job through no fault of your own. The process requires that you apply for any job in your field as it becomes available, which directly conflicts with Social Security’s requirements for disability. If you make an unemployment application, the disability claims office will know, and your claim will likely be disqualified.

Are There any Special Circumstances?

Under very limited circumstances, you can get unemployment compensation without causing issues with your Social Security disability application. If your job loss came before your disability, it should not be an issue. If you are over fifty and your disability keeps you from holding a job in your previous field, but you could do other types of work, you may be able to get both disability and unemployment benefits. Getting unemployment payments while looking for work in a new field does not conflict with your disability case, and if you want part-time work that isn’t considered gainful employment, you can find it and retain your unemployment compensation.

How Can I Determine my Eligibility?

Every Social Security disability case is unique, and disability claim filing laws vary from state to state. The safest and easiest way to find out whether you can get both unemployment and disability is to talk to a disability attorney. They will use their knowledge of your personal history to find options of which you were unaware. With a lawyer’s help, you can learn about your options and decide upon the best course of action.

 

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