Wednesday, June 15, 2022

Can I Collect Unemployment Due To Surgery

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The Disability Waiting Period

WATCH: Can I get unemployment benefits if I quit my job due to health concerns?

Although three months is the minimum waiting period, with some medical conditions, it may be longer. This is because the SSA may need to see how your recovery goes before theyre able to determine if you will have long-term impairments that stop you from working.

It may take awhile before doctors know if youll improve and if youll be able to return to employment before the 12-month mark. Even when a longer wait is necessary though, the Social Security Administration usually only requires four to six months before benefits can be granted. And once youre approved, you can receive back benefits that date back to the onset of your disability.

It is also important to note that the SSA sometimes waives the waiting period and grants benefits under presumptive eligibility. This means they assume youre going to be disabled long-term and therefore qualify for benefits. An advocate or disability attorney can help you understand the waiting period with a condition like yours or how the SSA usually handles claims for your specific disability.

What Is An Earning Allowance

Your earning allowance is the amount of money you can earn without reducing your weekly benefit amount. Earnings over this amount are deducted dollar-for-dollar from your weekly benefits. You must always report your gross earnings for any work performed during any week you claim benefits.

Do I Qualify For Unemployment Insurance

There are things you need to know before you apply, and steps you must take after filing your claim for unemployment insurance benefits.

Unemployed Through No Fault of Your Own

The Unemployment Insurance program provides benefits to workers who are unemployed through no fault of their own and who are able, available, and looking for work. You may file a claim for benefits the first day after becoming separated from employment or after your employer has significantly reduced your work hours. Information will be gathered from you as well as your separating employer and an agency determination will be based on whether you meet the eligibility requirements under state law.

You Must Have Qualifying Base Period Wages

You must have earned an average of $780.01 in each of 2 quarters of a time frame called the Base Period and the second highest quarter must be over $900 or 6 times the weekly benefit amount. If youve earned sufficient wages during this time frame, the wages earned will then be used to calculate your weekly benefit amount and the number of weeks you may receive benefits. The Base Period is the first four of the last five completed calendar quarters prior to the quarter in which your initial claim is filed. A calendar quarter is three months of either January – March, April – June, July – September or October – December.

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If You Had Surgery And Can Not Work Can You Collect Unemployment

Might be eligible for Workman’s Comp: If the surgery was due toworking conditions you might be eligible for workman’scompensation, but this is not the same as unemployment. To beeligible for unemployment, you have to be ready, willing, availableand ABLE to work, and if you said you could not work, then you arenot eligible.

If the injury occurred while on the job, you probably areeligible for Workers Comp. Whether not being able to work,otherwise, the claim would depend on the rules of your state’semployment security office.

Might be eligible to collect unemployment:

I’m not certain that’s entirely true. If he/she is laid up inbed, then in all likelyhood they would not qualify. It all dependson the nature of the injury/recovery. If, however, they were ableto perform modified duty such as sitting in a chair doing dataentry, then they would be willing to work. If their specific jobdoes not provide for that type of light duty or there are noavailable positions to fill, he/she may be entitled tounemployment.

i.e. Willing to work, able to work, no work available. Providedthey are still employed by the same company.

Laws Against Medical Condition Discrimination

Unemployment &  Worker

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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What Will The Information I Provide Be Used For

Wage information and other confidential unemployment compensation information may be requested and utilized for other governmental purposes, including, but not limited to, verification of an individual’s eligibility for other government programs. 20 C.F.R. § 603.11.

Are You Eligible For Ei Sickness Benefits

You may be entitled to receive EI sickness benefits if:

  • you are employed in insurable employment
  • you meet the specific criteria for receiving EI sickness benefits
  • your normal weekly earnings have been reduced by more than 40% and
  • you have accumulated at least 600 hours of insurable employment during the qualifying period or, if you are a self-employed fisher, you have sufficient insurable earnings from self-employment in fishing during the qualifying period.

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Disability Insurance Eligibility Faqs

Disability Insurance provides short-term wage replacement benefits to eligible California workers.

You may be eligible for DI if you are unable to work and are losing wages because of your own non-work-related illness, injury, or pregnancy.

Note: Citizenship and immigration status do not affect eligibility.

Get answers to frequently asked questions to know if you are eligible for DI.

Can You Collect Unemployment If You Are Out Of Work Due To Injury

Georgia Workers’ Compensation Lawyer-Can I Collect Unemployment if I am Injured and on Workers Comp?

4/5If youinjuryyouunemploymentyouworkcould work ifwillwork

Simply so, can you collect unemployment while injured?

Unemployment CriteriaTo qualify for unemployment benefits, youmust be healthy enough to work. If your job injury isso serious that you can‘t work at any job, even withreasonable accommodations for your disability, it’s unlikely thatyour state will approve unemploymentbenefits.

One may also ask, can you get unemployment if you are out of work for medical reasons? Medical reasons.In many states, an employee who quits because of anillness, injury, or disability may remain eligible forunemployment. Some states require that the medicalcondition be linked to the job. In other words, the employeeis covered only if the work caused or aggravated themedical condition.

Regarding this, can I get disability if I got hurt outside of work?

If you are injured off the job and aretemporarily unable to work, you should file a claim forshort-term disability benefits. As long as yourinjury causes you to miss work for more than a weekand isn’t job-related, you will probably be eligible forbenefits.

Can I quit my job due to stress and collect unemployment?

It’s important to rememberthat your employer doesn’t have to offer you a stress-freework environment. To qualify, you must prove that: Lost yourjob because of medically-verified stress or anotherhealth condition

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Can You Work If You Are On Social Security Disability

Although officially Social Security says that receiving unemployment benefits does not preclude disability benefits, the claims examiners and Administrative Law Judges tend to consider your filing for unemployment as an admission that you can work. Maybe You Can Work, But Only for the Right Employer The safest answers arent always the best.

Texas Supreme Court: Employees Are Unemployed While On Unpaid Leave

On May 25, 2018, the Texas Supreme Court held that an individual taking unpaid leave under the Family & Medical Leave Act qualifies as unemployed for purposes of the Texas Unemployment Compensation Act. This expansive definition of unemployed potentially allows individuals on unpaid leave to obtain unemployment benefits even though they remain employed. Consequently, employers should review and update leave and outside work policies immediately to avoid exposure from this potentially far-reaching decision.

In TWC v. Wichita County, employee Julia White went on FMLA leave for severe anxiety and depression. The County continued to provide benefits during her unpaid leave. Before White returned to work, she filed a claim for unemployment benefits. The Texas Workforce Commission determined at the administrative stage that White was unemployed while on her unpaid leave of absence and that it could pay her benefits if she met all other requirements. A Texas trial court reversed and the court of appeals affirmed that reversal, concluding that it would be absurd for an individual to be entitled to unemployment benefits during FMLA leave. TWC appealed the ruling, arguing that the application of the absurdity doctrine should not override the plain language of the Unemployment Act which provides income benefits to individuals not earning wages.

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Workplace Leave And Unemployment Insurance For Individuals Affected By Covid

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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Can I Get Disability Insurance If I Go To A Drug Rehabilitation Facility Recommended By My Physician/practitioner

Your Unemployment Survival Guide: Resources and Tips to Help You Thrive ...

You may qualify for up to 45 days of Disability Insurance benefits if you live at a physician/practitioner-approved drug-free residential rehabilitation facility. An additional 45 days may be paid if you remain a resident of the facility and your physician/practitioner continues to certify to your need for continuing residential services.

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Am I Eligible For Benefits During A Leave Of Absence From My Job

Generally, you are not eligible for benefits during a leave of absence from your job. In order to be eligible for benefits, you must be unemployed through no fault of your own, be actively seeking work, and be able and available to accept work if it is offered to you. In limited circumstances, an exception may apply to the general rule. DES will make a determination in each case.

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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In The Middle Of Your Paid Leave From Pfml: Using Pto During An Intermittent Or Reduced Leave Schedule

If youre taking reduced or intermittent leave, there will be days youre scheduled to work. If you need to take time off for an unrelated reason on those days, you can use employer paid time off.

For example,if you are taking a vacation or going to court, this will not stop your PFML benefits. If you take time off unrelated to your PFML leave, you dont need to report the time to the department.

Learn More About Navigating Life With A Disability

Can Californians still collect unemployment benefits if they refuse to go back to work?

Whether youve recently become disabled or youve dealt with a disability for many years, there are still questions that can arise regarding unemployment, disability benefits, finding employment, and more. Having the right resources can make all the difference on this journey. Now that youve learned a little bit more about how a disability can affect unemployment benefits, take some time to browse our other helpful articles on finding a job that works with your unique needs.

Our premier job board can help you narrow down your search to only those jobs that will be right for your situation. Check back often as new jobs are posted regularly. Whether youre looking for a part-time job to supplement your benefits, or something full-time and long-term, we can help you out.

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Speak With A Texas Workers Comp Attorney If You Arent Sure About Your Options For Compensation

If your injury happened at work and you arent sure about your options for compensation, it can be smart to speak with an on-the-job injury lawyer at Terry Bryant for assistance. Our lawyers can help you file for benefits if your employer carries workers comp and can handle your appeal if your initial claim is denied. It isnt unusual for employers and their insurance companies to look for reasons to try to deny these benefits to injured workers. Its important to remember that if your employer carries workers comp and you are injured, you are entitled to coverage in most cases.

And if your employer does not carry workers comp, the attorneys at the Terry Bryant law firm can advise you about filing a potential legal claim against your employer to get fair compensation for your on-the-job injuries. Call our Houston law firm at 713-973-8888 or toll-free 1 444-5000 for a free consultation.

Can I File Unemployment For The Weeks Off Work Due To Surgery

Q) I moved to Georgia from Michigan May 2014. I have been working in Georgia since July and I know have a medical condition that mat result in me having to get a hysterectomy. My question is can I file unemployment for the 6 to 8 weeks I would to be off from work? Also prior to moving to Georgia I worked for 18 years and never filed before.

A) You are generally not entitled to unemployment Insurance benefits for being off work due to illness or surgery.

You are always entitled to apply for unemployment benefits if you have lost your job. However keep in mind that The general requirement for unemployment insurance benefits is:

Have received enough wages during the base period to establish a claim.Be totally or partially unemployed.Be unemployed through no fault of his/her own.Be physically able to work.Be available for work which means to be ready and willing to immediately accept work.Be actively looking for work.Meet eligibility requirements each week benefits are claimed.Be approved for training before training benefits can be paid.

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What Are My Rights To Paid Leave And Unemployment During The Pandemic

New laws guarantee paid leave to workers who need to stay home to care for themselves or others due to COVID-19, and they greatly expand unemployment insurance eligibility and benefits. Cartoon: Nick Thorkelson.

Note: this article was updated on April 22, 2020 to reflect new guidance from the Department of Labor -Editors.

On March 18 Congress passed the Families First Coronavirus Response Act , in part to discourage layoffs and in part to guarantee paid leave to workers who need to stay home due to the COVID-19 emergency. On March 27 Congress enacted the CARES Act to expand unemployment insurance eligibility and benefits. Both laws expire on December 31, 2020, unless extended.

What follows is a selection of questions relating to the new laws. Please note that this is a complicated and rapidly changing area. Although the U.S. Department of Labor has issued several regulations and guides, aspects of the programs remain hazy.

Moreover, enforcement is likely to be slow and spotty, as a poorly staffed federal Wage and Hour Division of the Department of Labor appears unable to effectively oversee the leave program and state UI agencies claim to be overwhelmed by the crush of applications. Union workers should always review their contracts to see if they have stronger protections.

1. Business shut down due to COVID-19 emergency

2. Quit due to COVID-19 safety concerns

Tip: Put your resignation in writing, making sure to explain your fears.

3. Paid sick leave during self-quarantine

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