I am going to be terminated on June 20th due to my inability to return to work (I am disabled due to my back surgery). My employer is using the "6 month max. absence of leave from work" provision from the employee handbook to get rid of me.
I have already used 11 weeks of short term disability benefits and now applied for the long term disability benefits, so I was wondering... If I am being terminated or laid off and waiting for the long term disability benefits to get approved, can I apply for the unemployment benefits too?
Finally, if in future I use all of my long term disability benefits can I still apply for the unemployment benefits? I guess what i am trying to ask is about any kind of time frame restrictions on the filing of unemployment benefits
Thank you very much!!
Here's a summary of the problem:
1. Short & Long Term Disability - "I am unable to work due to back surgery/injury". STD claim approved. LTD claim pending.
2. Unemployment - I am ready, willing and ABLE to work, yet cannot find a job.
You are not able to claim that you are disabled, then state that you are able to work. The LTD carrier and the State may, at some point, exchange information, and, you could get yourself into trouble quickly if you are telling the LTD carrier that you're hurt and you tell the State Unemployment commission that you're able to work as soon as a job comes along.
It is true that when seeking any disability benefits and at the same time unemployment, you are making contradictory claims and many times it comes to the surface one way or another. I have seen your situation many times, where a back surgery does not allow for a return to work and even leaves the worker worse off.
You mention, though, that you are concerned about using all of your long term disability benefits. Most long term disability plans have a maximum benefit period of to age 65 or 67, or your Social Security retirement age. So, while you could be denied in the future, even after being approved, it is usually not a situation of the benefits "running out."
However, you must check your plan (policy) to determine what is in place in your case. I would suggest though that rather than unemployment, you consider Social Security disability if you are eligible. Most long term disability plans also require that you file for Social Security disability anyway to receive long term disability benefits.
To avoid missing deadlines and being out of luck, consult with a disability lawyer in your area - they should be able to help.
