QUESTION
When should I file for social security disability benefits?
Asked on Dec 20th, 2012 on Social Security Disability - Missouri
More details to this question:
I am currently on unemployment and have become permanently disabled. Do I immediately file for disability benefits or wait until the unemployment benefits expire? If I file for disability benefits immediately, should I continue to claim the unemployment benefits while waiting for the disability claim to be approved?
2 ANSWERS
Social Security Disability Attorney serving Waterford, MI
at
Law Offices of Philip R. Fabrizio
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Don't wait. File now.
Answered on Dec 21st, 2012 at 10:59 AM
Administrative Law Attorney serving Oklahoma City, OK
at
The Law Office of James R. Linehan P.C.
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You have an immediate problem.
To apply and accept unemployment means that you have sworn under oath to the state that you are fully capable of working.
To apply and accept SSA disability means that you have sworn to the US that you are fully incapable of working.
The SSA federal judge will ask you to explain this conflict that your made under oath. The receipt of unemployment benefits can result in the denial of SSA benefits due to this conflict.
If you still plan to apply for disability you must do so before your "date last insured" expires. Failure to do so can result in the denial of your disability claim. You obtain that date from the SSA office.
Answered on Dec 21st, 2012 at 8:58 AM