Legal Question in Social Security Law in Louisiana

Disability is determined by the disability. SSI is determined by lack of resources.

Receiving unemployment insurance is not a bar to getting Social Security Disability Benefits, but it can affect your chances. Some Administrative Law Judges feel that it is a conflict, because the claimant is saying that they are ready willing and able to work in order to qualify for unemployment benefits, but at the same time the claimant is telling SSA that he or she cannot work.

in fact, the standards are different. A individual may be able to show that they would be willing to work if there is any employer who would make allowances for their physical or mental limitations, but also show that there are no jobs that exist in significant numbers which allow for those limitations. The Chief Administrative Law Judge of SSA, Frank Cristaudo, recently sent a letter to all SSA ALJs reminding them that the receipt of unemployment benefits does not bar the person from qualifying for disability benefits, and advising ALJs to consider the "totality of the circumstances" in determining disability when the claimant is receiving unemployment benefits.

http://www.socialsecurityinsider.com/wp-content/uploads/nosscr-nov-2007-unemployment-insurance-memo.pdf