
While most people know that the Department of Veterans Affairs (VA) offers services and programs for qualifying veterans, few are aware that the family members of eligible veterans can also collect certain benefits. For help determining whether you or a loved one qualify for educational assistance, healthcare services, or a VA pension, please contact our dedicated VA benefits legal team today.
Benefits for Spouses and Dependents
Family members of service members who were killed or seriously injured while on active duty are often eligible for VA benefits, which can be used to obtain an education, advance in a career, obtain a home loan, or provide supplementary income. The eligibility requirements for these benefits differ depending on the benefit in question, making it especially important for those who believe that they may qualify for VA benefits based on their relationship to a veteran, to consult with an experienced VA benefits attorneys who can explain their legal options.
Health Benefits
Family members of certain veterans are eligible for health benefits and programs that could reduce or eliminate the cost of medical supplies, prescriptions, and office visits. For instance, under the Caregiver Program, the primary caregiver of a qualifying veteran can receive a stipend, as well as access to healthcare coverage, which includes mental health counseling, marriage and family counseling, and compensation for travel, lodging, and per diem when accompanying the veteran for treatment.
Family members of veterans returning from or who were killed in combat zones can also take advantage of readjustment counseling, which is offered by the VA and encompasses a wide range of services, including:
- Individual and group counseling;
- Family counseling;
- Bereavement counseling;
- Military sexual trauma counseling and referral;
- Outreach and education;
- Employment assessment and referral;
- Medical screening and referral; and
- Substance abuse assessment.
To learn more about these and other programs, such as the Civilian Health and Medical Program (CHMPVA), the Children of Women Vietnam War Veterans (CWW) program, or the Children Born with Spina Bifida program, please call our legal team today.
Education and Employment Benefits
In addition to healthcare benefits, the VA also provides education and training opportunities to the spouses, dependents, and survivors of veterans through a number of programs, all of which help cover the cost of tuition, supplies, books, fees, and housing. These benefits can be used to obtain a traditional degree, a non-college degree, on-the-job training, and internships. For example, the Fry Scholarship is a program that is made available to the children and spouses of service members who lost their lives while on active duty after September 10, 2001, while the Survivors’ and Dependents’ Educational Assistance (DEA) Program offers training and education opportunities to dependents of veterans who became permanently and totally disabled or passed away as a result of a service-related condition. The DEA Program also offers assistance from the Vocational Rehabilitation and Employment program, which helps eligible family members evaluate career choices, achieve education and career goals, and receive academic or adjustment counseling.
Call Today for a Free Consultation
If you have a loved one who served in the military, you could be eligible for VA benefits. To learn more about your legal rights and options, please call The Comerford Law Office, LLC at 312-863-8572 or send us an email at info@comerfordllc.com.
Important Changes Made by the VA Mission Act

Last summer, the Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act, which is more commonly known as the VA Mission Act, was passed by Congress and signed by the President. The law addresses a host of concerns raised by veterans, lawmakers, and advocates in recent years about the VA’s numerous and often competing community care programs, which have now been merged and consolidated into a single Veterans Community Care Program. This program is anticipated to reduce the complexity of applying for and administering these benefits by making more efficient use of the VA’s resources. The VA has been given one year to develop regulations that will help implement the changes.
If you have questions about how the new law will affect your own rights, it is important to speak with an experienced Illinois VA disability benefits attorney who can address your concerns.
Changes to Community Care
The VA Mission Act consolidates seven different VA community care programs into a single entity, which is tasked with providing care to veterans enrolled in the VA healthcare system or who are otherwise entitled to VA assistance. This comes with an obligation to coordinate veterans’ care, which includes:
- Scheduling medical appointments in a timely manner;
- Ensuring the continuity of services and care;
- Coordinating coverage for those who require VA care that is offered outside of their region; and
- Ensuring that veterans do not experience a lapse in healthcare services.
The application of these requirements means that the VA must now provide access to community care in certain situations, namely when:
- The VA does not offer the services or care that a veteran requires;
- The VA does not operate a full-service facility in a veteran’s state;
- The veteran is eligible to receive care according to the 40-mile rule;
- The VA is not able to provide care that meets access standards; or
- A veteran and his or her referring clinician agree that providing care in the community would be in the veteran’s best medical interest based on the distance between the veteran and the facility where care is provided, the nature of the services, how often care must be provided, the timeline of available appointments, and whether the veteran faces an excessive burden in accessing VA care.
To fulfill these obligations and ensure that veterans receive care when necessary, the VA will also be required to enter into contracts with private healthcare networks.
Access to Walk-in Services
The VA Mission Act also authorizes the VA to provide walk-in care for enrolled veterans by entering into agreements with community providers and federally-qualified health centers. However, these services only need to be provided if the veteran in question used VA healthcare services in the previous two years. Furthermore, veterans who do not owe a copayment at the VA are entitled to two free visits, after which the VA will be permitted to charge an adjustable copay. Veterans who are required to make a copayment, on the other hand, would be permitted to pay that copay for the first two visits, at which point, the VA could begin charging an adjusted copay for additional visits. Finally, the VA will be required to ensure that walk-in providers have access to all VA medical records.
Call Our Legal Team Today
To speak with dedicated VA benefits attorney James R. Comerford about how the new VA law could affect your own rights, please contact The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message today.
Blue Water Navy Bill to be Considered by Senate

Earlier this summer, the House of Representatives unanimously passed HR 299, also known as the Blue Water Navy Vietnam Veterans Act and forwarded it to the Senate. Upon receiving the bill, the Senate referred it to the Committee on Veterans Affairs and has yet to hold a vote. If passed, this law would allow as many as 90,000 “Blue Water Navy” veterans who served on ships that operated on the coast of the Republic of Vietnam or Cambodia during the Vietnam War to become eligible for VA healthcare and disability compensation for their exposure to defoliants, such as Agent Orange.
If you have questions about your own eligibility for VA benefits based on your potential exposure to Agent Orange under both current law and the proposed bill, you should consult with an experienced Agent Orange lawyer who can walk you through the eligibility requirements.
Current Law
Under current law, the Department of Veterans Affairs (VA) offers disability compensation to veterans who were exposed to dangerous herbicides such as Agent Orange during their military service. Agent Orange, which was made up of a number of tactical herbicides, was used by the U.S. military to remove dense tropical foliage that provided enemy cover in Vietnam and Korea. Unfortunately, it was not until decades later that researchers discovered the link between exposure to Agent Orange and certain deadly diseases. In an effort to simplify the process for receiving compensation for these conditions, the VA instituted a policy by which certain diseases are presumed to be the result of exposure to Agent Orange. Under this presumptive policy, veterans who served in Vietnam or on inland waterways between 1962 and 1975 or in or near the Korean demilitarized zone between 1968 and 1971 are not required to prove that their illness began during or was worsened by military service unless their illness is not included on the list of recognized conditions.
One of the few exceptions to this rule applies to blue water veterans suffering from non-Hodgkin’s lymphoma, who are not required to prove that they actually set foot in Vietnam or provided inland waterway service in order to qualify for disability compensation.
Blue Water Veterans Bill
If passed, HR 299 would extend the VA’s blue water veterans exception to make disability benefits available to veterans who did not actually serve on land during the Vietnam War, but who patrolled within 12 nautical miles of Cambodia or Vietnam between January 9, 1962, and May 7, 1975. Although the change would result in tens of thousands of veterans becoming eligible for benefits, many critics have expressed concern over the scientific evidence, or lack thereof, being used to support the bill. For instance, research conducted by the Institute of Medicine showed that Agent Orange is broken down by sunlight within a few hours and that it is unlikely that any particulate residue would have gotten into the open ocean where it could have posed a risk to shipboard crews. How this evidence will be weighed by the Senate remains to be seen, as the bill continues to linger in the Committee on Veteran’s Affairs.
The Legal Representation You Deserve
To speak with dedicated VA accredited attorney James R. Comerford about whether you or a loved one qualify for Agent Orange disability benefits, please contact The Comerford Law Office, LLC at 312-863-8572.
Preparing for Your BVA Hearing

Update:
This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process.
The final step in any appeal for veterans benefits is a hearing before the Board of Veterans Appeals (BVA). This hearing can be held in person or by videoconferencing. Regardless of how it is held, you should prepare extensively since a lot rides on this hearing. The BVA judge who hears your case can approve your request for benefits or deny you. In a few situations, the judge might kick your case back down to the local office for more fact finding.
Understand the Set Up
In-person hearings can be heard in Washington, D.C. or by a traveling judge that holds hearings at each regional office. If you are having a hearing by video conference, you will be in a conference room at your local VA office. Your lawyer can be with you.
Before the hearing, the judge will have reviewed all of the evidence and will have a grasp on the issues in dispute. You can submit new evidence before the hearing, but you should do so well in advance of your hearing date so that it arrives in time and is included in your file.
Testifying
During your hearing, you will testify under oath. The hearing is less formal than a trial, but you still must conduct yourself professionally. If you have a lawyer, he or she can ask you questions. When your lawyer is done, the BVA judge will ask you questions.
Remember to always listen to the question before answering and to always answer the question asked. If you don’t understand a question or didn’t hear it, ask your lawyers or the judge to repeat it. Always be respectful and never interrupt the judge or cut him off.
To prepare for testifying, your lawyer can create a mock examination where you answer questions as if it is the real hearing. A mock examination is a good way to identify your weaknesses as a witness. For example, you might get quiet when answering questions, or you might talk too much with your hands. Your lawyer can help you become a more confident witness.
Witnesses and Evidence
You can also have other people testify on your behalf at the hearing. For example, people who know you can testify as to how the disability has affected you. You can also introduce new evidence such as medical records.
Proper preparation for the BVA hearing includes identifying people who might have information that is helpful to your case. Your lawyer can run through the evidence and identify any weaknesses and make sure you plug these holes when presenting your case to the BVA judge.
Remember what you need to prove to prevail in your appeal:
- You are an eligible veteran
- You have shown a service connection between your disability and your military service
- You are sufficiently impaired
- The effective date of your disability
Contact a Veterans Benefits Lawyer in Chicago
Obtaining benefits after an initial denial is a long process that can take years. At the Comerford Law Office, we understand how stressful the experience can be. Those who have an attorney representing them in the hearing have a better chance of success than those who represent themselves. Please contact us today to schedule your free consultation.

Avoid these Mistakes when Applying for VA Benefits
Disability benefits provide income support when servicemembers can no longer work because of an injury sustained in the line of duty. Unfortunately, many veterans make simple errors that can delay benefits or cause them to lose out on benefits altogether. By avoiding these mistakes, you’ll strengthen your chances of being approved.
Mistake #1: Delaying the Filing of Your Claim
Some veterans delay because they don’t understand whether they qualify for benefits. Others think they are too young and decide that they will wait until they are older. However, there is really no reason to delay. For example, if you are young, your condition might worsen as you age, which means you will qualify for additional benefits at that point in the future.
Mistake #2: Not Linking the Disability to Your Service
To qualify for benefits, your disability must be service related. However, many applicants do not submit sufficient information of this connection. Instead, they simply rely on their own memories, which are usually insufficient for the VA. To bolster your case, you need a medical opinion that connects your current disability to an injury suffered while in the line of duty.
Mistake #3: Inadequately Documenting Your Symptoms
In truth, the VA doesn’t typically believe what servicemembers say about their injuries. So you will need supporting documentation that your symptoms are serious. For example, you should get statements from family members and friends who can testify as to how your injuries affect you. These statements should be as detailed as possible.
Mistake #4: Not Pursuing Mental Health Disability
The VA has tried to increase the visibility of posttraumatic stress disorder (PTSD) and has even relaxed the evidence requirements when claiming PTSD as an injury. However, veterans can also suffer many other mental health problems, including:
- Anxiety
- Depression
- Panic attacks
- Sleep disorders
If these are connected to your service, then they can qualify as disabilities depending on how much they impair you.
Mistake #5: Exaggerating Your Disability
Perhaps fearing a denial, some applicants exaggerate their symptoms and injuries. As a result, the VA might dismiss the entire claim as unbelievable. Remember to keep all of your submissions as factual as possible and find supporting documentation that backs everything up.
Mistake #6: Refusing to Hire a Lawyer after a Denial
Applicants have important rights to an appeal, but the appeals process is usually complicated and fraught with difficulties. An experienced veteran benefits attorney can help you file everything in a timely manner with sufficient supporting documentation. If you try to go it alone, then your chances of being denied benefits a second time are much higher than if you have legal help.
Speak with a VA Benefits Attorney in Chicago
VA disability benefits help veterans take care of themselves and their families when they suffer an injury in the line of fire. If you have a question about benefits, or if you have already been denied and are planning to bring an appeal, you should reach out to an experienced lawyer today. As a member of the National Organization of Veterans Advocates, the Comerford Law Office is available for a free consultation. Please contact us today.
Appealing a Denial of Veterans Benefits

Update:
This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process.
At The Comerford Law Office, many of our clients contact us after being denied benefits. These veterans know they are disabled and yet the VA has either turned down the application or given them a low rating. Many of these people are confused about what to do or whether getting the decision overturned is even possible.
Fortunately, veterans have substantial appeal rights, but they need to know how to bring an appeal the right way. Below, we will summarize the appeals process.
File a Notice of Disagreement
When you receive your decision letter, read it carefully. It should explain why you were denied benefits or underrated. The letter should also explain your appeal rights.
The first step in an appeal is to file a Notice of Disagreement (NOD), which is typically VA Form 21-0958. You have one year form the date of the decision letter to file, and if you miss this deadline then the original decision is irreversible. Your decision letter should tell you where to submit the NOD.
Request a De Novo Review
In this type of review, a Decision Review Officer (DRO) will take a fresh look at your case. The officer does not rely on the original decision, which is completely disregarded. Typically, you can present new evidence to the Decision Review Officer to consider. For example, if your condition has worsened, you can present evidence that it is more severe than initial thought.
If the DRO agrees with you, then he or she can approve your claim and issue a new rating. However, if the officer upholds the original decision, then he or she issues a Statement of the Case (SOC).
This SOC should identify why your claim was rated the way it was or denied entirely. After the SOC is issued, you can either accept the decision or continue to appeal. If you wish to continue to appeal, you typically have 60 days to fill out VA Form 9 and to include supporting documentation. Remember to include everything—medical and factual evidence—and submit this substantive appeal to the address included in your Statement of the Case.
Appear Before the Board of Veterans Appeals
Your appearance can be in person or by video conference. Regardless of which method you select, you might need to wait a long time—typically a year or more. During the hearing, you can offer testimony under oath, though the proceedings will be relatively informal. You can also submit additional evidence that will be placed in your file.
The judge can grant your appeal, deny it, or issue a remand. On remand, the case is sent back to your local VA office to either collect evidence or follow some other procedure. Typically, the BVA issues a remand when it does not have sufficient evidence to render a decision.
Consult with an Experienced Veterans Benefits Lawyer
Because appeals are complicated and drawn out, many disabled veterans give up even if they have valid claims. To help your case, you should work with an attorney who understands the appeals processes and how to build a compelling case. The Comerford Law Office has handled many appeals and is prepared to work for you. To schedule a free consultation, please call 312-863-8572 or submit an online contact form.
New Rule Could Benefit 92,000 Vietnam Veterans

According to a report in the Military Times, veterans who served on ships during the Vietnam War could soon have an easier time receiving benefits for exposure to Agent Orange. This rule change could make 92,000 veterans eligible for additional benefits, which were stripped from navy veterans in 2002.
Proving Exposure
Currently, a Vietnam veteran who patrolled inland rivers or served on the ground is assumed to have worked near Agent Orange if they have certain diseases. Accordingly, these veterans are given special status when they file for disability benefits. This status speeds up the process and makes it much easier to receive compensation.
However, “blue water veterans” who served on ships are not assumed to have come into contact with defoliants like Agent Orange. Instead, they must prove direct exposure to the chemical in order to have their illness or disability qualified as “service connected.” Given the amount of time that has passed since the Vietnam War, it is nearly impossible for most veterans to ever offer proof of direct exposure.
Unfortunately, to receive disability benefits, the disability or illness must be service-connected. Without the presumption, many navy veterans have been unable to secure the benefits they deserve.
The Blue Water Veterans Deal
Thanks to a new law under consideration by the U.S. Congress, blue water vets will get the same presumption as other veterans. If they have a disease like multiple myeloma cancer, which is presumed to result from Agent Orange exposure, then their illness will be considered service-connected without any additional proof required. As a result, over 90,000 could receive benefits for exposure to Agent Orange.
The additional benefits for blue water veterans will cost about one billion dollars, which legislators hope to raise by tacking on a small fee to VA home mortgages. The fee will cost in total about $350 over 10 years. Those servicemembers who are disabled will not pay the fee if they get a VA loan.
Passage Possible by Memorial Day
Earlier attempts to pass a blue water veterans bill have failed, much to the disappointment of affected veterans. These vets should be pleased to know that the House Committee voted unanimously to forward the bill for full consideration by the House on May 14, 2018. The bill will need approval from the House and Senate and then be signed into law by President Trump. Many veterans’ groups are optimistic that the bill will ultimately get signed into law, perhaps in time for Memorial Day.
Speak to a Chicago Veterans’ Benefits Lawyer Now
Disabled veterans and their family members need an experienced veterans’ benefits attorney in their corner who is looking out for them. The veterans’ benefits process is, unfortunately, complicated and drawn out, and many deserving veterans give up before they receive the benefits they are entitled to under the law.
At the Comerford Law Office, we will fight for you. Our client testimonials attest to our dedication and commitment to each and every one of our clients. To schedule your free consultation with us to learn more about the services we provide, please call 312-863-8572 or submit this contact form.
Veterans Exposed to Agent Orange who Suffer from Bladder Cancer may be Eligible for VA Benefits

Between the years of 1965 and 1970, around 2.6 million U.S. service members were potentially exposed to Agent Orange, a dangerous herbicide that has been linked to a number of deadly illnesses and was used during the Vietnam War. Currently, the VA provides benefits to those veterans who are suffering from one of the listed illnesses and can prove that they served on the ground in Vietnam or on one of its rivers. Unfortunately, research continues to reveal that many illnesses that are not included on the VA’s list can also be caused by exposure to Agent Orange. Most recently, the Institute of Medicine released findings that reveal a possible link between exposure to this herbicide and bladder cancer, high blood pressure, underactive thyroid, and symptoms similar to those experienced by Parkinson’s disease patients. Currently, these illnesses have not been included on the VA’s Agent Orange list, which leaves many veterans struggling to pay medical bills for conditions that were most likely caused by exposure to Agent Orange during the Vietnam War.
Covered Diseases
The VA maintains a list of diseases that are presumed to be caused by exposure to certain chemicals contained in Agent Orange, including:
- Al Amyloidosis, which is a diseases that affects the tissues and organs;
- Chronic B-cell Leukemias, which is a type of cancer that affects the white blood cells;
- Chloracne, which is a skin condition that begins manifesting soon after exposure;
- Diabetes Mellitus Type 2, which is a disease that involves high blood sugar levels caused by an inability to respond to insulin;
- Hodgkin’s Disease, which is a malignant cancer that manifests as the enlargement of the lymph nodes, liver, and spleen;
- Ischemic Heart Disease, which is characterized by restricted blood flow to the heart, which in turn, causes chest pain;
- Multiple Myeloma, which is a cancer of the plasma cells contained in the bone marrow;
- Non-Hodgkin’s Lymphoma, which is a group of cancers that affects the glands;
- Parkinson’s Disease, which is a nervous system disorder that affects movement;
- Peripheral Neuropathy, which causes numbness, tingling, and motor weakness;
- Porphyria Cutanea Tarda, which is a condition characterized by liver failure and the blistering of skin exposed to the sun;
- Cancer of the prostate;
- Cancers of the lung, trachea, bronchus, and larynx; and
- Soft tissue sarcomas, which is a group of different kinds of cancers that affect the connective tissues and blood and lymph vessels.
Veterans who suffer from diseases that do not fall under this list can only begin receiving disability payments if they provide proof that their illness was as likely as not connected to their service in the military. Although a doctor’s opinion is usually considered enough evidence to obtain payment, less than 50 veterans have been able to convince the VA to compensate them for bladder cancer. It is hoped that the newly published research will prompt the VA to begin compensating veterans for conditions like bladder cancer that have been newly linked to exposure to Agent Orange.
Adding new conditions to the VA’s list is not unprecedented. In fact, the VA added three diseases to the presumptive list in 2010: Parkinson’s Disease, a certain type of leukemia, and Ischemic Heart Disease. Unfortunately, in this case, the VA has scheduled, but missed a number of deadlines by which they promised action.
Contact an Agent Orange Attorney Today
If you were exposed to Agent Orange and now suffer from bladder cancer, you need the advice of an attorney who can help you prove that the disease can be linked to your exposure. Please contact our Agent Orange legal team at The Comerford Law Office, LLC by calling 312-863-8572 to learn more.
Tips on Filing an SSDI Claim

Illinois residents who qualify as disabled and who cannot work full-time are often able to collect Social Security Disability Insurance (SSDI) benefits. Unfortunately, demonstrating to the Social Security Administration (SSA) that you qualify for benefits is a difficult process. To ensure that you are not unfairly denied benefits due to a filing error, you should retain a Chicago Social Security disability benefits attorney who can walk you through the filing process.
Reviewing SSDI Requirements Before Submitting Your Claim
Before applicants can begin receiving SSDI benefits, they must be able to prove that they qualify. One of the most important qualifications is that an applicant’s disability falls under the SSA’s definition, which means that:
- He or she cannot fulfill his or her regular job duties because of the disability;
- The disability has lasted for or will last for at least a year or will result in his or her death; and
- The condition is named on the SSA’s list of disabilities or his or her diagnosis is as severe as at least one of the illnesses or disabilities contained on the list.
These eligibility requirements are not always easy to apply, so applicants seeking SSDI benefits are encouraged to carefully review them before submitting their claim. This also ensures that claimants are able to collect the medical evidence necessary to demonstrate the severity of a disability to the SSA.
Official Diagnosis
Claimants are much more likely to be approved for SSDI benefits if they receive an official diagnosis from a medical professional, as the SSA will not be convinced by a mere list of symptoms. Obtaining treatment and seeing a doctor regularly can also go a long way when it comes to proving that a condition is actually considered a disability by the SSA. It will also be necessary to provide the treating physician’s contact information, as well as proof of the dates of treatment, the names of all prescribed medications, and records of diagnostic tests and lab results.
Retaining Work History Records
Disabled applicants can only begin receiving benefits if they can pass two earnings requirements tests, which help determine whether a person paid taxes for long enough to justify providing that individual with benefits. This in turn requires the submission of a series of work history documents, including federal tax returns, W-2 forms, and a summary of all places of employment over the last decade. Finally, the SSA will need evidence that a claimant’s gross monthly income doesn’t exceed a certain threshold, which can be established through the submission of pay stubs, payroll slips, home mortgage records, checking account numbers, bank books, and insurance policies. Having these copies on hand can speed up the review process, so applicants can begin receiving benefits as soon as possible after filing.
Schedule a Free Consultation with a Social Security Disability Benefits Attorney
For help filing your own claim for SSDI benefits, please call dedicated Chicago attorney James R. Comerford at The Comerford Law Office, LLC. A member of our legal team can be reached by calling 312-863-8572 or via online message.
Collecting Unemployment and Disability Benefits

Those who qualify for Social Security disability benefits can actually continue to receive disability-related payments from other private sources, such as an insurance policy. However, benefits that come from a public source, such as the federal government, can affect whether a person can continue to receive Social Security Disability Insurance (SSDI) benefits and if so, how much he or she can collect, so if you are already receiving unemployment benefits or another form of public assistance, it is important to contact an experienced Social Security disability benefits attorney who can ensure that your benefits are not unexpectedly or unfairly terminated.
Who is Eligible for Unemployment Compensation?
In Illinois, residents are eligible to collect unemployment compensation if:
- They have earned enough money in the previous 18 months while working for an employer who was required to pay unemployment insurance taxes; and
- Their employment was terminated through no fault of their own.
Finally, applicants must be physically and mentally able to work and available to accept suitable employment, which includes:
- Jobs that they are trained to safely perform;
- Employment that they are capable of performing; and
- Jobs that pay a similar salary.
Illinois residents who satisfy these requirements and are approved can collect weekly payments to cover qualifying expenses until they get back on their feet. However, to continue receiving benefits, a person must be able to certify every week that he or she is able to, available for, and actively seeking work. Benefits are generally available for up to 25 weeks.
SSDI Requirements
Applicants are only eligible to receive SSDI benefits if they can prove that their disability makes it impossible for them to remain employed full-time by submitting medical records and evidence of an inability to work. This means that a person attempting to collect both unemployment benefits and Social Security disability payments would need to assert that he or she was unable to work as a result of a disability, while also claiming to be looking for work. These statements are in direct opposition to each other, so it is basically impossible for a person to legally obtain both unemployment and disability benefits. In fact, even attempting to collect both types of benefits can lead to fraud charges.
When a person collects unemployment benefits while waiting to hear from the SSA about his or her eligibility for disability benefits, the latter will automatically be reduced to account for the period of time that he or she was collecting from both programs. In either case, recipients of unemployment benefits cannot continue to receive full payments from the SSA as well as the state.
The Legal Representation You Deserve
While those with disabilities are often able to collect benefits from multiple federal programs, they are generally not permitted to collect both unemployment benefits and compensation for disability expenses. If you have questions about what types of benefits you are eligible for, please contact James R. Comerford at The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message to schedule a free case evaluation.


