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Monthly Archives: February 2012

Affidavits: an important part to your case

Picture a thick stack of papers on the judge’s desk, they will have your medical history from the doctors you have seen during your illness, your work history, etc.

What about your personal history? What about what your illness has done to you emotionally? The toll it’s taken on your family life

An affidavit from a family member, friend or even former co-workers will give the judge a personal look into your illness and your life.

Affidavits are sometimes written by someone who you knew before and after or someone who helps you with your day to day living. When you attend your hearing, your loved ones generally do not testify before the judge so you need to get their perspective in front of the judge and an affidavit does this.

Your loved ones are important because they have seen the havoc your inability to work has caused in your life. By submitting a written affidavit, they will be able speak to the judge and state examples of how you were before your debilitating illness and how you are today. They can attest to how your life has changed.

Quite often these are very hard for your loved ones to write, as well as for you to read – but they are often an important supplement to your medical records and case. If you have any questions or would like some samples, please contact our office.

Receiving unemployment benefits while your disability claim is pending

To qualify for Social Security Disability, you must certify you are unable to work or expect to be unable to work in any capacity for a minimum of twelve months. In contrast, if you also apply for unemployment benefits, you most likely must certify that you are ready, willing and able to work in order to receive unemployment benefits.

When Social Security reviews your claim for disability benefits, it quite likely may notice if you are receiving unemployment benefits. If so, you may have a credibility issue. In addition, if you continue to receive unemployment benefits while proceeding with you Social Security Disability claim, you may run the risk of having to repay the unemployment benefit at a latter date. Alternatively, Social Security may structure your disability benefit to begin sometime after you stop receiving unemployment benefits. You should also be aware that a Social Security judge could deny your disability claim outright if you are of receiving unemployment benefits.