Memorandum by Chief SSA Administrative Law Judge Cristaudo on UI Availability for SSDI Recipients

Frank A. Cristaudo

This memo clarifies that application or receipt of UI benefits does not mean per se ineligibility for SSDI benefits.  

July 2011 Update:  advocates should be aware of a negative case on this issue, Roberts v. Astrue, Slip Copy, 2011 WL 3163257 (D.Mass.), holding that the ALJ properly considered the plaintiff's receipt of unemployment insurance in the assessment of her credibility regarding her disability (application for UI is significant in that it suggests applicant is wiling and able to work).  

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SSA National Chief ALJ 11-06 SSDIS %26 UI.pdf (536.45 KB) 536.45 KB