termination while on sick leave

[mollybird]

What is the name of your state?What is the name of your state? Indiana
I have read quite a few postings regarding termination of employment while on sick leave.
I have been on sick leave from my job (which I have had for 4 years) since 9/04 with partial pay through employer short term disability policy. I realize that after you exceed the 12 weeks allowed per year on FMLA you can be legally terminated.
I received a letter at the end of 1/05 notifying me that I was to be terminated on 2/13/05. Since I had used up my 12 weeks (and quite a bit more) I accepted this.
The question I have is regarding unemployment. Since the letter stated that my termination was due to "circumstances other than gross misconduct" would I qualify for unemployment? I am still going to be receiving the disability pay through 3/05 and am waiting to hear from long term disability carrier whether they will approve or deny long term. If long term is denied can I apply for unemployment? I have also applied for Social Security Disability but understand that this could take months to be approved or denied. Unemployment would certainly help my monetary situation while waiting for disability approval or denial.
My doctors have not released me to return to work of any kind and my condition requires constant monitoring, medication and treatment indefinately. Would this affect possibility of unemployment since I cannot currently work?

 

[Beth3]

You cannot collect disability benefits and unemployment benefits at the same time. Why you ask? Because the basic premise for eligibilty for disability benefits is that you are medically disabled and unable to work. The basic premise for eligibility for UC benefits is that you are physically capable of working.

If you try to claim both and tell one entity you're disabled and the other you're capable of working, you'll be engaging in fraud.

 

[mollybird]

That's what I thought. Thanks. What if my long term claim is denied? (Not from Social Security but from the long term ins carrier)

 

[cbg]

In most if not all states, you still have to be physically capable of working and actively looking for work in order to collect unemployment.

 

[Beth3]

The State doesn't care about the status of your LTD claim. If you apply for UC benefits, they will want to know (a) why you are presently not working and (b) whether you are physically capable of working. I presume your medical status won't miraculously change if your LTD claim is denied. Whether your LTD claim is accepted or denied will be based on whether you meet the LTD plan's definition of disabled.