Some of our clients come to us and tell us that they are presently receiving unemployment benefits. Unemployment benefits and disability benefits can interact in challenging ways, so we always urge caution when someone is applying for disability and they are receiving unemployment.
Author: Melissa Haggerty
In order to receive unemployment benefits from the state of Oregon, a person is asked to certify each week that they are “Capable of accepting and reporting for full-time, part-time, and temporary work.”
If a person answers “yes” to the above question, they are telling the unemployment office they are capable of doing full-time work. If they then go on to tell social security that they are disabled and unable to do full-time work, a credibility issue can arise, such as “which government agency is getting lied to?”
Here’s our advice for people who are considering receiving unemployment who are also seeking disability:
- If you can avoid collecting unemployment benefits, please do. Receiving unemployment can complicate the disability process and send up red flags to the decision maker evaluating your disability case.
- If you can honestly say that you are capable of accepting and reporting for full-time, part-time, and temporary work, then you are unlikely to be found disabled under social security’s rules.
- If you don’t believe you can do full-time work, but you are able to do part time work, then you can answer “no” to the “accepting and reporting” question posed by the unemployment office, and then explain in the comments section that you are unable to do full-time work due to a permanent or long-term disability, but that you believe you can still work full time.
- This will result in your claim for unemployment being delayed, or potentially denied for the reasons explained below, but this is the honest answer.
- The rules for unemployment in Oregon are that if you are limited to part-time work because of a permanent or long-term disability, you may still be eligible for full unemployment benefits. However, the unemployment office will need to do an inquiry to determine if you are, indeed, able to do part-time work or not. You can continue to apply for weekly unemployment benefits while the inquiry is taking place.
- Typically, these inquiries will require you to provide the unemployment office with medical records or a letter from your doctor explaining your limitations.
- If the unemployment office determines that you are able to do part-time work, then you can continue to receive unemployment benefits. If the unemployment office determines that you can do no work at all, they will cut you off of unemployment. They will give you written notice that you are being cut off and you should have an opportunity to appeal the denial.
One important word of caution: If you have applied for or are thinking of applying for disability, consult with a local and competent social security attorney before asking your doctor to submit any letter or documentation about your limitations. What your doctor says in his or her letter, even if it is specifically for the purpose of unemployment, could potentially negatively impact your disability claim.