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Thread: Unemployment

  1. #1
    Join Date
    Sep 2009
    Posts
    35

    Default Unemployment

    I'm in california.
    If the company you work for won't let you come back to work because of a company rule stating "any one on workers comp for more than 120 days can not come back to work until perminenlty released from comp". In other words, no light duty! can I enroll for unemployment If I'm not receiving any other benefits from any other agency or insurance company? In other words, all other benefits have ran out except SS. I'm filing in March when STD runs out.

    techniquely my company has refused to pay me or give me any chance of an income. My insurance company won't pay me because I wanted my own doctor and not one of their quacks! long story and my lawyers on it.

    Has anyone been in this position and tried to collect from unemployment?


    I'm thinking no one has. My lawyer is going to push it on the status of my comany is no longer offering me employment and the insurance company they hired, is not offering anything in protest to me challenging their rules and the state of California on the physician network rules, which has already been turned by 2 case in the last year starting with the brinks v/s chavez case in Jan 2008. Anyway, your thoughts......

    Just wondering if anyone has been in this situation!

    Thanks ahead of time for all that answer.

  2. #2
    Join Date
    Mar 2009
    Posts
    238

    Default Re: Unemployment

    Are you recieving TTD checks?

    Maybe your state's different, but I've been led to understand that if you are recieving checks due to WC then you cannot also recieve unemployment benefits. I don't know what 'SS' is.

    If your atty says you CAN file for unemployment, IOW that it's legal to do so, then go file. I think unemployment goes by quarters in a year too. IOW, in one year you had to have worked two quarters in a row to be eligible. But again, that might be different in your state. IMHO, your atty ought to know this stuff.

  3. #3
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Unemployment

    Spock, in most states one must be ready, willing, and ABLE to work to collect unemployment income benefits. As disappearingboy stated you also must have income for a specific length of time, and within a specific time frame, prior to a claim being approved. NOT knowing your specifics as far as how long you have been off work etc., it is kind of hard to be very specific with answers.

    I have very limited knowledge as to the laws in CA but there are several others here that are very well versed and live in CA that will most likely respond and be more helpful to you.

    Having said that in "most" states filing a claim costs you nothing and the worst that can happen is you being denied benefits. Also of importance in "most" states filing a claim protects your date'(s) of eligibility should you be denied and later approved, be it through the appeals process or otherwise.

    You mention in your post that your STD is running out soon and you are waiting to file for SS. (This kind of suggests to me that you have been off work for at least 4-5 months). Are you referring to CA state disability or Social Security Disability benefits, SSDI?

    If it is the latter and you have a physician that supports your assertion that you are too disabled to work, (Although you do not necessarily have to have a doctor specifically state that in his/her opinion you meet SSDI criteria to qualify it certainly can not hurt your claim.), then you need to go ahead and file the SSDI claim ASAP.

    It takes several months, if not YEARS, to get a SSDI claim approved. There is a five month waiting, (elimination), period for all SSDI claims regardless of what the disability or severity of it is. During those first five months there is NO benefits paid. Bear in mind this is for SSDI only. SSI is a different story.

    SSI, also ran through the Social Security Administration, SSA, SSI is asset/income based disability benefits. IF you qualify first though disability and meet the asset/income guidelines then SSI can be awarded immediately.

    Something you need to seriously consider is that; IF you are filing for "any" type of disability on the grounds of your INABILITY to work due to a physical or mental condition, (or combination of both), then you are skating on very, Very, VERY, thin ice to then turn around and sign a sworn statement to the unemployment office that you are ABLE to work.

    Just a work of caution many, if not all, state and/or federal offices cross reference applications. Should your WC, STD IC, State Disability, Social Security Disability, etc., comes up with conflicting signed statements made by you there is a high risk of investigation for fraud.

    Make sure you have a darn good attorney that is advising you to do what ever it is you are planning to do & that she/he is well versed in the area of these matters. I understand that when money is tight people are tempted to do things that could put them in a legal bind, some deliberately and others due to lack of knowledge, so please be very cautious of what benefits you file for and how as well as when you file for them.

    Hope all works out well for you.

    Take Care and Be Well,

    Steel
    Last edited by SteelMagnolia; 12-30-2009 at 01:04 AM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Unemployment

    If the company you work for won't let you come back to work because of a company rule stating "any one on workers comp for more than 120 days can not come back to work until perminenlty released from comp". In other words, no light duty!
    There is no law that requires the ER to provide light duty work for you...on the same token, there are laws that supercede the internal policies of an ER to require 100% release without restrictions as a condition of your RTW.

    The labor code is specific in those requirements, as well as AB2222
    As you are aware, employers cannot discriminate against qualified job applicants or employees who are, have been, or become disabled. Both the federal ADA and the California FEHA prohibit discrimination in the workplace based on disability. In the past, California employers have been able to rely on ADA case law, as well as the accompanying U.S. Equal Employment Opportunity Commission ("EEOC") regulations, to interpret FEHA disability discrimination claims. Because the new law provides California employees with protections independent of, and in addition to, those of the federal ADA, employers will not always be able to apply federal precedent to the FEHA.
    More here http://www.rjop.com/publish29.html#1a

    can I enroll for unemployment If I'm not receiving any other benefits from any other agency or insurance company? In other words, all other benefits have ran out except SS. I'm filing in March when STD runs out.
    UI benefits are not dependent upon other benefits you may or may not be receiving. Make your application. YOu'll either qualify or you won't. Info on EDD/UI is here http://www.edd.ca.gov/Disability/DI_Part-time_Worker
    If you have been released to a light duty restriction, it would appear you are not ''ready willing and able'' to accept work if offered. You are still under your Dr's care. You may be elgible for reduced benefits. But as stated elsewhere, if you don't have qulaifying earnings in the quarters used to determine eligiblity, there won't be a benefit to calculate.

    My lawyer is going to push it on the status of my comany is no longer offering me employment and the insurance company they hired, is not offering anything in protest to me challenging their rules and the state of California on the physician network rules, which has already been turned by 2 case in the last year starting with the brinks v/s chavez case in Jan 2008. Anyway, your thoughts......
    One thought is that you address only one issue per sentence. (please). None of those issues has any bearing on your eligibility of UI benefits.
    Your ability to treat outside the MPN is wholly based on your situation, not those of other IW's and case law. Unless those are 'significant', published, or en banc decisions... they may or may not be relative in your case, and while may be referred to at hearing, are not citable.
    My lawyer is going to push it ...
    Your AA is pushing what ?
    You are asking about UI in this thread, that has nothing to do with your comp claim.

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