how will a 401k distribution effect an UN-opened claim

I was laid off last tuesday and on friday had a pre-scheduled meeting to roll over my 401k, to my local bank, into an IRA. The intention was to be able to take a lump sum payment, due to serious economic reasons, which i will do this week. I'm aware of the downfalls of that.I have not re-opened my claim yet, out of fear that i might be penalized heavily over a period of weeks.I have consulted with a local atty., but he could not advise. Everything that we found, dealt with people that were already on an open claim. Would it be better to open my claim and see what happens or not open it till later and hope it does'nt effect me. What are the possible problems of not filing, other than the obvious loss of payments? Thank you for any help you may offer...Mike Mc.