This one gets my goat....I am being told that a person can file for disability even WHILE collecting unemployment benefits...yeah, right...
Don't believe it for a minute. It just so happens that I did that, and you know what? After being denied twice, I went before a Judge (Hearing), and he denied my claim , stating that I was collecting unemployment at the beginning, thus I am able to work. Go figure! And I've even got Doctors statements showing I'm disabled.

When anyone receives unemployment, they must first certify to the fact that they are ready, willing and able to work -- should a job become available. Chances are, you did this when you applied for and continued receiving unemployment.

If an employer offered you a job where you could work at home, any number of hours that you want, with rest breaks as often as you need, that allows you to sit/stand/walk as needed, that allows you to work at your own pace, would you be able to accept this job?

In this case, you are being honest in your certification that you are ready, willing and able to work. However, how many employers out there would be willing to extend these types of accommodations to an employee?

If you did not have a disability representative on board helping you with your claim, it may be quite possible that all evidence was not obtained and submitted in support of your claim. Did you have a doctor's report prepared and submitted that specifically states that you were unable to work from the date you actually stopped working? Does this report address the nature of the severity of your impairments, symptoms and physical/mental restrictions? Is this doctor's report consistent with the medical evidence that was submitted in support of your claim?

If the medical evidence in file supports the fact that you have severe impairments, with severe symptoms and restrictions, and this is supported by your treating doctor in a detailed report, then you may very well have the basis for an appeal to the Appeals Council level.

You are permitted to appeal the judge's decision to the Appeal's Council within 60 days of the judge's written denial for the following reasons:

1. There appears to be an abuse of discretion by the administrative law judge
2. There is an error of law
3. The action, findings or conclusions of the administrative law judge are not supported by substantial evidence or
4. There is a broad policy or procedural issue that may affect the general public interest.

See CFR 404.970(a).

Keep in mind that any claim that is brought to the Appeals Council level will take approximately two years to even be looked at. About 25% of all claims are even heard and considered. About 75% of all claims are rejected.

If you feel your evidence was not strong and thorough, and you continue to be unable to work because of your medical impairments, you have the right to file an entirely new claim. However, if you do this, your appeal will end and you will be giving up your right to win all or some of the potential back benefits that you would have been en_title_d to under the first claim. Under a new claim, you would be en_title_d to win up to 12 months of back benefits from the date the new claim is filed.