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Unemployment Insurance due to Health

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jeremyabby

Junior Member
What is the name of your state (only U.S. law)? KS
I am not sure if this is the right category for this but it is the best one I could find. I have a chronic heart condition that has gradually been getting worse over the years 4 Surgeries and still no better. My condition is intensified by stress and also carries the side effects of dizziness and severe fatigue. I have not filed for disability and may in the future, but my main concern is my job now. It is a small office that is EXTREMELY STRESSFULL, my own employer has even questioned, "If my health can handle the stress" !! Well after 4 years I just am to the end of my rope and want to quit and possibly try for disability. I HAVE NO SHORT TERM BENEFITS, NO AFLAC OR ANYTHING LIKE THAT.
HERE IS THE QUESTION. IF I QUIT CAN I GET UNEMPLOYMENT ???? I doubt they would fight it, because we have had a good working relationship over the years, but I dont know. I do believe that my Dr will right a letter stating I need to "FIND A JOB WITH LESS STRESS, AND LESS HOURS".. Can I get unemployment ??:confused:
 


commentator

Senior Member
[HERE IS THE QUESTION. IF I QUIT CAN I GET UNEMPLOYMENT ???? I doubt they would fight it, because we have had a good working relationship over the years, but I dont know. I do believe that my Dr will right a letter stating I need to "FIND A JOB WITH LESS STRESS, AND LESS HOURS".. Can I get unemployment ??:confused:[/QUOTE]

No confusion here. Unemployment is not set up to be short term disability. If you quit your job due to health reasons, you may not be able to get unemployment insurance. If you are not fully able, available and actively seeking other work, you will not be eligible to draw benefits, even if laid off by your employer through downsizing.

If you have quit your job due to health reasons, you have quit by your own choice, because of your health issues, you are not unemployed through no fault of your own. The fact that you do or do not have other income is irrelevant to unemployment, as it is not a "needs based" program. You do not receive it because you are low income. You receive it because you are out of work through no fault of your own and you have wages in the covered quarters. You did not pay it in, the employer is required to pay taxes which set up this program.

Your employer will doubtless answer truthfully when contacted by the unemployment office, that you quit your job due to health reasons. If you draw unemployment from their employer tax account, it will cause their rate of taxation to increase, therefore they are not happy about having people leave them and draw money, even if they are eligible to do so, which you are not if you quit. But even if they "did not fight it" as you say, the unemployment office will not begin making unemployment payments until you meet their availability criteria.

If you have to quit your job for health reasons and this is documented by a medical professional, file for benefits. Then when your health improves, so that your doctor fully releases you to a job with no restrictions such as "less stress" then you can receive benefits based on the claim you have filed.

If your employer lets you go for any reason, either termination for cause or due to a downsizing, apply at once for unemployment benefits. Even with the issues you describe it wouldn't hurt to set up your claim while you still have wages in the base period. Once you have been away from work for a long period, over a year, you will not have any wages left in the applicable quarters to set up unemployment insurance, even if your situation changes and you become fully able to work. To receive social security disability, you must be out of work for a long period, I believe six months to a year?? in order to qualify, and once approved for disability, unemployment insurance is never again an option for you.
 
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