Gerald G. Lutkenhaus Social Security Disability Law Blog on Lawyers.com

Unemployment Comp and Social Security Disability

Thursday, August 26, 2010 by Gerald G. Lutkenhaus

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Many workers who are on unemployment compensation also file for Social Security Disability. This is a problem. To file for unemployment, you claim you are able and fit to work. To file for disability, you claim you are disabled. When a Social Security Judge is reviewing your claim, he may very well accept your unemployment comp statement that you are "able and fit" for work. Also, to get unemployment you must show you are looking for work. This is another conflict. If you are in fact disabled, then how can you look for work?

I have successfuly argued that unemployment cannot automatically disqualify you for Social Security Disability based on a memo written by Chief Administrative Law Judge Cristaudo which says the unemployment caim must be considered along with all other eviedence.

Notwithstanding the Chief Judge, most Social Security Judges do not look kindly on the receipt of unemployment compensation.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus has been a practitioner of Social Security Disability law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/att orneys/23230-va-gerald-lutkenhaus-1814627.html

 
Posted at 11:55 AM
Topic: Social Security Disability
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