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Can I Apply For Unemployment If I Have Surgery

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Coronavirus Ffcra And Cares Act

EDD answers questions about new Pandemic Unemployment Assistance program

The federal response to COVID-19 includes new legislation that expands existing unemployment insurance benefits.

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The Families First Coronavirus Response Act , signed into law by President Trump on March 18, 2020, gives state unemployment insurance agencies greater flexibility and offers additional funding to help the agencies respond to the inordinate financial needs of unemployed workers.

The Coronavirus Aid, Relief, and Economic Security Act, signed into law on March 27, further expanded the ability of states to meet unemployment benefit needs for those who typically wouldn’t be eligible for this relief.

Laws Against Medical Condition Discrimination

The U.S. Department of Labor explains that the Family and Medical Leave Act is a federal law that requires companies to allow medical leave to covered employees under certain circumstances. Eligible employees may receive unpaid, job-protected and health-insurance-protected leave for 12 workweeks during a 12-month period. Covered conditions include the birth and care of a newborn or adopted child, a serious health condition, and caring for a child, spouse or parent with a serious health condition.

Also covered under FMLA is if the employees spouse, child or parent were in covered active military duty and became injured or ill. Under these circumstances, the covered employee could be entitled to 26 workweeks of leave in a 12-month period.

The Americans With Disabilities Act is another piece of federal legislation. The ADA makes it illegal for employers to discriminate against employees based on mental or physical impairments that significantly restrict major life functions. The ADA laws can sometimes also apply to non-disability medical conditions.

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Can You Collect Social Security Disability And Unemploymentdisability Lawyers In Akron Ohio

Can you apply for social security disability if you are getting unemployment? The answer to that question is yes. However, it depends on whether you are claiming benefits on your work record or SSI . SSI is based on financial need, thus if your unemployment benefit is too high, you cannot receive this type of Social Security. Disability Insurance Benefits may be appropriate depending upon your age and your specific medical condition.

The coronavirus has put many Ohioans out of work since March 2020. When you first lost your job, you probably collected unemployment and had planned on going back to work once the economy improved and the virus subsided. But, what if your health has significantly declined since you lost your job? In such a case, Social Security Disability is something that you should definitely consider.

In normal times, unemployment pays about half of the unemployed workers lost wages. However, pandemic relief laws initially provided both half of the unemployed workers wages plus an additional $600 dollars per week. A few months ago, this was lowered to half of ones wages plus an additional $300 per week. These figures frequently led the unemployed to be paid more on unemployment then they earned while they were working. It is currently unclear whether this additional unemployment will be reinstated and at what amount.

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You Are Eligible For Unemployment Benefits Only If You’re Able To Work

By Lisa Guerin, J.D.

Unemployment benefits are meant to act as a temporary safety net for employees who are out of work through no fault of their own — to tide them over until they can find a new job. These days, of course, many out-of-work employees have found new work hard to come by, no matter how hard they pound the pavement. But the unemployment system requires workers to look for work — and to be able and available to work, should a job turn up.

Your Question Answered: How Does A Medical Restriction Impact An Unemployment Claim

If I Have Two Jobs Can I Still File For Unemployment

Offering Customized Solutions For Optimal Results

Ive been asked by many employers How is an employee, who has medical restrictions, found eligible to receive unemployment benefits? They cannot do the job for which they were hired!

The answer to this question is simple YES ! If an employee has been put on restrictions but can still work, they are eligible for unemployment. The state is looking to see if the claimant can do some type of work, and not necessarily the work they do for you.

For example, A security company hires an employee full time as a guard. The shift the claimant accepts requires 8 hours of standing. The employee provides the employer with a doctors restriction noting that they must sit every 2 hours for 20 minutes. The employer is unable to accommodate this restriction.

The first requirement to collect unemployment benefits is that a claimant is able, available, and actively seeking a full-time position. Whether the restriction is permanent or temporary, the employee would be eligible for benefits as long as they could perform some type of work. In this case, if the claimant could perform a sedentary position, they would be eligible.

But what if they are out on leave?

On the other hand, if an employee presents you with medical documentation stating that they cannot work AT ALL, they would not be able to collect unemployment benefits because they are not able and available for work and under the law, you must be to collect unemployment benefits.

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What Is Social Security Disability

The Social Security and Supplemental Security Income disability programs are some of the largest Federal programs in the country. They provide assistance to those individuals who are suffering from disabilities that prevent them from working. You can only qualify for eligibility by proving that you are unable to work full-time for at least a year or more and that you have already accrued enough work credits to qualify for SSD. Your condition must interfere with work-related activities and must meet the SSAs definition of disability.

One of the main requirements of collecting SSD benefits is that you must be unable to perform substantial gainful activity for at least one year. This does not mean that you cant make any money working, however. As long as you are making less than $1,180 per month then you would still continue to qualify for SSD benefits.

Can I Get Benefits If I Quit Work Voluntarily

You are not eligible for unemployment benefits if you voluntarily quit your job without good cause.

You may still be eligible if you:

Quit due to illness or injury upon the advice of a licensed and practicing health careprovider. Quit temporary work to return to your regular fulltime employer. Quit to enlist in the armed forces of the United States, but were rejected or delayed fromentry. Quit due to working conditions hazardous to your physical, mental or moral well being. Quit due to unwelcome harassment by the employer or another employee. Quit to accept better work. Quit because the employer requested that you violate an ordinance or statute. Quit due to a violation of the work agreement. Quit due to a personal emergency. Quit due to the voluntary or involuntary transfer of your spouse from one military job toanother. Quit to enter training approved under the Federal Trade Act of 1974. Quit due to circumstances resulting from domestic violence.

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Can I Apply For Disability While Im Receiving Unemployment Benefits

March 11, 2021 by Andrew Price

The Federal government announced a new stimulus bill this week which extends federal unemployment benefits for workers displaced by the Covid-19 pandemic through September. This federal boost to North Carolinas existing unemployment benefits has now been in place for over a year and may impact disability claimants.

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Workplace Leave And Unemployment Insurance For Individuals Affected By Covid

Regulatory VLOG: Short-Term Disability vs Extended Leave – How You Apply For 1 Month Off of Work

This Insight provides a brief overview of the current availability of job-connected assistance to individuals, which may be relevant to the outbreak of coronavirus disease 2019 . Specifically, this product discusses workplace leave, paid and unpaid, that may be available to workers affected by the virus, as well as unemployment insurance benefits. It also discusses policy options to amend or expand existing UI programs to be more responsive to the effects of COVID-19.

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Do I Qualify For Unemployment

Simply put, the three qualifications for receiving unemployment in Minnesota are:

  • Your past earnings must meet a minimum threshold.
  • Your unemployment must be through no fault of your own.
  • You must be able, available, and actively seeking employment.
  • However, in the State of Minnesota, there are certain exceptions in which you may be eligible for receiving unemployment after quitting a job.

    Hiring A Disability Attorney

    If you believe you were wrongly denied coverage for a medical procedure under a short-term disability plan, you may want to consult with a disability lawyer. A lawyer can review the plan and help you figure out your entitlement to coverage if you decide to appeal the denial, the lawyer can assist with that as well.

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    Can You Get Unemployment And Disability At The Same Time

    As the end of their unemployment benefits nears and debate over unemployment extensions continues, some people may wonder if other options are available. Also, because the application process for Social Security Disability Insurance benefits can take many months, some people ask whether it is possible to get unemployment benefits and apply for or receive SSDI benefits at the same time.

    In short, the answer is yes. However, an apparent contradiction exists in applying for or receiving both unemployment benefits and SSDI benefits concurrently because, to qualify for unemployment benefits, a person must be seeking work, while to qualify for SSDI benefits, an applicant must usually prove that he or she is not able to work.

    Exceptions exist, though, for people who attempted to re-enter the workforce through the Social Security Administrations Ticket to Work Program or for people who previously worked full time but now have verifiable medical restrictions that require them to work only part time.

    Division Of Temporary Disability And Family Leave Insurance

    Can I Apply For Unemployment If I Have Coronavirus
  • Disability During Unemployment
  • Have an illness, injury, pregnancy or other physical or mental health condition but havent worked recently and/or are collecting Unemployment benefits?

    You may be eligible for Disability During Unemployment benefits, a combination of Temporary Disability and Unemployment Insurance.
    • Before Applying
    • Frequently Asked Questions
    About the Program:

    You may be eligible for Temporary Disability benefits through the Disability During Unemployment section if you become unable to work more than 14 days from your last day of work at an employer covered for New Jersey Temporary Disability Insurance .

    You may become unable to work due to:

    • A physical or mental illness, injury or scheduled surgery.
    • Pregnancy and childbirth recovery.
    • An underlying health condition that makes you high risk for COVID-19, as certified by a licensed healthcare provider.
    How Much Do I Need to Earn to Qualify?

    If Youre Applying for Temporary Disability After Receiving Unemployment or Family Leave During Unemployment Benefits:

    If You Did Not Collect Unemployment or Family Leave During Unemployment Benefits:

    To qualify in 2021, you must have worked 20 weeks earning at least $220 weekly, or have earned a combined total of $11,000 in those four quarters .

    Your regular base year period consists of 52 weeks and is determined by the date you apply for Disability During Unemployment benefits, as outlined in the chart below:

    If your claim is dated in: Your claim is based onearnings from:

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    In The Middle Of Your Paid Leave From Pfml: Using Pto During A Continuous Leave Schedule

    If you are taking continuous Paid Family and Medical Leave, you can only use paid time off in a single block of time, either at the start or end of your leave. Taking paid time off after the first 7 days of your leave may reduce your PFML payments to $0. You may need to reapply to receive PFML payments again.

    Can I Attend School And Receive Benefits

    The following conditions will determine your eligibility:

    Attending classes or training on a schedule that prevents you from being available for employment will make you ineligible for unemployment benefits.

    Attending school or training in the evening or on weekends will not make you ineligible for benefits, but still must be reported to a claims specialist.

    Under certain circumstances, your classes or training may be certified as approved training. Training must be fulltime, vocational or technical in nature and shortterm less than two years) to be considered approved training.

    If you qualify for approved training, you will be eligible for benefits and the requirement to seek work will be waived during the time you are in school or training and making satisfactory progress toward the completion of the training.

    Your benefits cannot be extended beyond your original employment benefits eligibility period, even if your schooling continues after your benefits have run out.

    If you are not sure whether your training qualifies for approved training certification, or if you wish to file for approved training, submit the School Attendance/Approved Training Application form that is available on www.getkansasbenefits.gov.

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    You Meet The Specific Criteria For Receiving Ei Sickness Benefits

    EI sickness benefits are payable only to those people who are unable to work because of sickness, injury or quarantine but who would otherwise be available for work if not for their incapacity due to medical reasons. To receive sickness benefits, you need to obtain a medical certificate signed by your doctor or approved medical practitioner.

    Leave Of Absence/furlough Vs Layoff

    Thousands asked to return unemployment benefits

    If you’ve been laid off from your job, this means that your employer ended your position. But if you’re furloughed, this means that you’re on a temporary leave of absence and will return to your job at some point.

    Because of recent COVID-19 legislation, anyone who is on a leave of absence because of the coronavirus is eligible for unemployment insurance. This is in contrast to pre-coronavirus eligibility when some states may not provide unemployment benefits to furloughed workers.

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    Is A Worker Considered Unemployed While On Fmla

    The Family and Medical Leave Act allows eligible employees to take off up to 12 weeks of unpaid medical-related leave a year. The employees job is protected while on FMLA.

    In a recent case, an employees employment status came into question while taking FMLA.

    In 2011, A Wichita County employee took a three-month leave under FMLA.

    While the employee was on FMLA, she applied for unemployment benefits. Her claim was initially denied by the county, which found that she was not eligible for unemployment benefits because she maintained employment during her FMLA leave.

    However, the case proceeded to the Texas Workforce Commission, which determined that she was, in fact, considered unemployed while on FMLA. Therefore, she would be considered eligible for unemployment benefits.

    Over the course of the next six years, the case was appealed on administrative and judicial levels. Ultimately, the Texas Supreme Court found that an employee who is on FMLA can be considered unemployed, because that employee is not performing services for pay during that time.

    The Supreme Court did not decide whether the employee should receive unemployment benefits only that the employee was considered unemployed while on FMLA.

    This is just one example of a complex issue that can arise in an FMLA case.

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    When Standard Unemployment Benefits End

    The Pandemic Emergency Unemployment Compensation Program is included under the CARES Act. The PEUC allows states to extend their normal unemployment benefits for an additional 13 weeks beyond the time when benefits typically would end.

    And even when workers come to the end of their extended PEUC 13-week benefits, they may still be eligible to continue receiving assistance through the Pandemic Unemployment Assistance program. The PUA program gives workers a total of 39 weeks of unemployment assistance, retroactive to unemployment status as of Jan. 27, 2020, and ending on or before Dec. 31.

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    At The Beginning Of Your Paid Leave From Pfml

    When your PFML leave begins, there is a7-day waiting periodbefore PFML payments start. You will be onjob-protected leave, but you will not receive benefit payments. You can use employer paid time off during this waiting period and it won’t affect your PFML benefits. This can be helpful if you want to avoid an unpaid week. Do not report PTO during your waiting week when applying.

    For example:

    James is taking10 weeks of medical leaveto recover from surgery. Under PFML, the first week is unpaidsohe is eligible to receive 9 weeks of PFML benefits. If James chooses to use hispaid time off at the beginning of his leave, he may receive his full salary during the 7-day waiting period and it wont affect the total PFML payments he receives.

    Contact Our Long Term Disability Lawyer In Kansas City

    Applying for North Carolina Unemployment Benefits

    The Law Office of Kevin J. McManus assists clients as they seek long-term disability and short-term disability benefits and after such benefits have been denied. If you have questions about disability benefits or would like to appeal a denial of long-term disability benefits, please contact our law firm in Kansas City, Missouri.

    We have a free book you can download right now to guide you through the process. Additionally, we offer free reviews of denial letters from a disability insurance company and can offer a strategy on how to fight back. Whatever you choose to do, dont wait call today at 816-203-0143.

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    Can You Apply For Social Security Disability While Collecting Unemployment The Key Is Consistency

    Back in 2006, the Chief ALJ of Social Security issued a memorandum on this specific issue. He noted that the receipt of unemployment benefits does not preclude disability benefits.

    He further noted that SSAs position is that it should not force claimants to choose between disability benefits and unemployment benefits.

    However, he cautioned that judges should be mindful of individuals who are seeking employment in positions that require more functional ability than the person is claiming to have.

    A big take away from this memo is that while you can apply for unemployment and disability, your statements to both should be consistent.

    That is, you should not claim to disability that you cannot do any work, but claim to unemployment that you can.

    If you are applying for disability and also have claimed unemployment, it never hurts to talk to or retain an experienced Social Security attorney who can help you properly prepare your case. Call the law offices of Loyd J. Bourgeois at 985-240-9773 if you have questions about your claim.

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