• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unemployment after Disability question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Flynnlp10

Junior Member
California

Hello all. I was put on disability in August 2016 after being in the hospital for 5 days due to a hole in my colon. They tried let it heal with antibiotics and time while i wore a drainage bag til i wound up having surgery in April 2017.

My place of employment of 10 years was no longer able to hold my position and i was terminated in March 2017.

My disability is about to run out at the same time i am allowed to work again. However, i dont have a job to return to and my question is will i be able to collect unemployment now? I am beginning to actively search for another job, but living in a small valley it's hard to find. I've barely made ends meet thus far and without unemployment benefits i could lose my apartment, car, etc...Any answers or advice would greatly appreciated. Thank you.
 


commentator

Senior Member
File a claim for unemployment immediately. You are losing quarters of wages from when you were working each time the quarter changes. If you qualify monetarily for unemployment benefits, based upon approximately the past two years of work and wages filed, you will then be given their medical statements to be completed by your doctors, which will be designed to determine if you are fully released by your physicians to return to work.

If this is the case, then it will be determined if you are out of work, through no fault of your own, and able, available and actively seeking other work, and you will very likely qualify for a few months of unemployment benefits while you are looking for another job. After those few months, it will stop, regardless of your income, health, or your success finding another job. Your employer did away with your position while you were ill, you were not able to get the position back when you are released by your doctors, and you are now out of work, seeking employment,(with NO restrictions) and so you will very likely qualify for unemployment benefits.

But all you can do it apply at once. They'll tell you the process. There's no cost or downside to filing a claim, and no guarantees from anybody but them, no way for us to predict what will happen with the filing. Unemployment insurance is NOT for the disabled. It is not needs based, there are no income questions, you do not have to be low income to qualify. You just have to be able available and actively seeking work and able to show that you are doing that.

Be sure that your doctor does not put any restrictions on your future employment, and be sure you do not tell the unemployment system that you "need" some restrictions or are limited in the type of jobs you can do in the future. You'll be required to look for jobs similar to what you have had in the past.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top