I've always been astounded that ALJs thought that application for or receipt of unemployment benefits somehow implicates the applicant's "credibility," a favorite phrase. Nonsense. The applicant is unemployed and has some "disabling" condition(s). He or she would love work, but does not know if he/she can work, or whether he/she would be hired by anyone given their limitations. So they apply for the unemployment benefits they know they are eligible for and for the disability benefits they MAY be eligible for. This is only common sense, but some ALJs over the years thought that there was some huge disparity in these logical actions.
The simple fact is that many states require folks seeking unemployment to: 1) actually be looking for work; and 2) certify that they are ready, willing, and able to work.
Given The Social Security Act's definition of disabled and I paraphrase: To be found eligible, a claimant must demonstrate her inability to engage in any substantial gainful activity due to any medically determinable physical or mental impairment which can be expected to either result in death or which has lasted or can be expected to last for 12 continuous months. 42 U.S.C. § 423(d)(1)(A) and 42 U.S.C. § 1382c(a)(3)(A). The statute further requires that an individual will be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy . . ..
That statutory language leads one to conclude that the individual certifying himself ready, willing, and able to work is either not being truthful to the State unemployment authorities or is lying to SSA.
Certainly seems relevant to credibility to me.
And don't cry me a river liberal and state that people will sign/say anything to get money when they are desperate. That argument buttresses the ALJs finding such miscreants not credible.
But you miss the point. Of course the person has to be "looking for work" and declare themselves "able" to work to get UC benefits. But so what? Don't we want disabled people to be interested in working if they can? Of course we do. As to whether they are in fact "able" to work in a competitive job market...well, that's for SSA program experts to determine. The individual only knows that he/she would love to work if someone would accommodate their restrictions and give them a job. It simply is not incompatible at all.
5 comments:
I'm about to read that memo. Thanks for posting. This issue is on my mind but most likely not a problem.
I've always been astounded that ALJs thought that application for or receipt of unemployment benefits somehow implicates the applicant's "credibility," a favorite phrase. Nonsense. The applicant is unemployed and has some "disabling" condition(s). He or she would love work, but does not know if he/she can work, or whether he/she would be hired by anyone given their limitations. So they apply for the unemployment benefits they know they are eligible for and for the disability benefits they MAY be eligible for. This is only common sense, but some ALJs over the years thought that there was some huge disparity in these logical actions.
The simple fact is that many states require folks seeking unemployment to: 1) actually be looking for work; and 2) certify that they are ready, willing, and able to work.
Given The Social Security Act's definition of disabled and I paraphrase:
To be found eligible, a claimant must demonstrate her inability to engage in any substantial gainful activity due to any medically determinable physical or mental impairment which can be expected to either result in death or which has lasted or can be expected to last for 12 continuous months. 42 U.S.C. § 423(d)(1)(A) and 42 U.S.C. § 1382c(a)(3)(A). The statute further requires that an individual will be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy . . ..
That statutory language leads one to conclude that the individual certifying himself ready, willing, and able to work is either not being truthful to the State unemployment authorities or is lying to SSA.
Certainly seems relevant to credibility to me.
And don't cry me a river liberal and state that people will sign/say anything to get money when they are desperate. That argument buttresses the ALJs finding such miscreants not credible.
But you miss the point. Of course the person has to be "looking for work" and declare themselves "able" to work to get UC benefits. But so what? Don't we want disabled people to be interested in working if they can? Of course we do. As to whether they are in fact "able" to work in a competitive job market...well, that's for SSA program experts to determine. The individual only knows that he/she would love to work if someone would accommodate their restrictions and give them a job. It simply is not incompatible at all.
The words "substantial gainful activity" breaks all ties. I hope poster#3 employment isn't with the social security administration
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