Unemployment and Disability Confusion

Submitted by Anonymous (not verified) on Thu, 06/11/2009 - 17:52

My father worked in the steel industry 27 years and had a injury to his left arm. It has caused permenant damage and he is limited to 5 pounds use of that arm for life. He was just kicked off workmans comp because they did all they can do, and his company closed its doors. At my urging he has filed for SS Disability, because it is not reasonable to expect a skilled trade steel worker to find a job lifting under 5 pounds. However, he is still able to work. So I think he should file for Unemployment and look for work (although medically limited) while the Social Security Disability application process is proceeding...

Has anyone heard of this, and is it legal? Because he CAN work, but is severely limited for finding work in his skilled trade.

Thoughts or opinions??

Thanks

Posted: 11 Jun 2009 05:58 Post Subject: Additional Info

I forgot to mention, state of Michigan
Also, his filing for Disability was urged by his doctors based on his diagnoses and prognosis for recovery.

Posted: 11 Jun 2009 06:32 Post Subject:

I would speak with an attorney and also speak with his doctor before you do anything and I'll tell you why. If he files for unemployment and is actively seeking work, if he is employed and working then his disability case may be negatively impacted.

As you stated, if he does anything else...the money will probably be less and will not be anything in his line of work. He will probably make less money than he would on disability. Being that his injury is legitimate and was in the line of work, I think he should be entitled to disability benefits.

Now if he is able to do work that would adequately pay him, then by all means go to the unemployment office. (BUT you can probably forget the disability case).

Talk to a disability attorney for clarification!

Posted: 12 Jun 2009 04:33 Post Subject:

Because he CAN work, but is severely limited for finding work in his skilled trade.
Thoughts or opinions??



Dear klynn63,

Does he possess any other skill set that might support him at finding a job?

It's not illegal to work if he finds a suitable replacement. But by no means I'd suggest that he loses out the disability benefits especially when you've mentioned the following-

Also, his filing for Disability was urged by his doctors based on his diagnoses and prognosis for recovery.


Did you get the detailed reports for all these medical tests?

Steven

Posted: 12 Jun 2009 05:43 Post Subject:

Hi klynn63,

He was just kicked off workmans comp because they did all they can do, and his company closed its doors.



Is he already unemployed?

What does the doctor's report suggest?

I think if the doctor suggests that he won't be able to work then he can't project himself as actively seeking employment which is a requirement for UI benefits.

Posted: 12 Jun 2009 02:13 Post Subject:

Hello Everybody, and thank you for your replies.

My father does have the detailed medical reports from the many doctors he has been to over this injury.

He does not possess any other skills that might enable him to find another job, other than the fast food counter worker and even that is doubtful with the extreme limited use of his arm. He is 57.

He is unemployed now. Immediately after workmans comp released him, he was placed on unemployment by his employer who has closed their doors.

"I think if the doctor suggests that he won't be able to work then he can't project himself as actively seeking employment which is a requirement for UI benefits."



...The doctor said he CAN work, if he does not use his arm. So he is not being dishonest when he tells UI that he is able to work, however with medical restrictions.
However he does appear to meet the requirements of SS disability.

Posted: 12 Jun 2009 02:23 Post Subject:

I just read my reply and I can see where I haven't explained this correctly or clearly, I am sorry. Let me clarify here a bit.

1. He was placed on unemployment by his employer (but he has not yet applied for UI). His place of employment has gone out of business.

2.) The doctor has cleared him for work with major medical restrictions, and that same doctor suggested he apply for disability.

Working in a skilled trade for 27 years, he can no longer work in that field of his ability. His condition will not improve. This meets the SS Disability requirement when the person is not reasonably trainable in another field (as I understand it)

He is afraid of legal action, if he files for disability and UI at the same time.
I would think he could collect UI while the lengthy process of his disability application process proceeds as long as he is honest with both. Meaning tell UI that he has a medical restriction (I assume people with medical restrictions can still collect UI), and let the disability process begin. Thankfully he has a 4 inch stack of medical reports, test results and the like to make the disability process go a bit faster I would hope.

This is a confusing mess...

Posted: 14 Jun 2009 05:42 Post Subject:

I spoke with one of my friends this morning (who happens to be a social security disability attorney). We're here in SC, but the information should still help put your mind at ease a little bit. After I briefly explained the situation to him, he said that you really don't have anything to worry about, and here is why...

The company went out of business and had it not, workman's comp would still be paying him. They therefore included him in the employees that were "sent" to the unemployment office. His unemployment should, however, not be paid based upon his normal wages...but rather paid based upon his workman's comp wages (probably about 2/3 or his regular income).

He needs to go into the unemployment office and take in a letter from his physician detailing his medical restrictions. He needs to actively seek work, with the help of the employment security commission (unemployment office)...but only needs to seek work for which he would be qualified and able to do. While he is cooperating and working with the unemployment office, he can absolutely still apply for SDI.

After all, he will be earning considerably less and as you stated is unable to continue his career. He needs to do his best to "actively seek work," so there needs to be a legitimate effort...but at the same time, he is entitled to stick ONLY to the recommendations made by the doctor.

Good Luck!

Posted: 15 Jun 2009 04:35 Post Subject:

Kylnn,

he doctor said he CAN work, if he does not use his arm.



I hope you understand that it would be posing a great restriction on his employment prospect.

Anyway, is there a chance to find out what would happen to his workmen benefit once the company shuts down? You may wish to check out with his HR department about the possibilities.

Also Klynn, there are programs for people to receive vocational training if their health condition severely restrict them from seeking job on their fields.

~Jeremy

Posted: 15 Jun 2009 10:49 Post Subject:

Hi Klynn,

The doctor has cleared him for work with major medical restrictions, and that same doctor suggested he apply for disability.

It's good to know that he possesses the much needed medical and test reports.

Now, he needs to have a fair idea of how much he's gonna earn at present, if he applies for a new job. Did you explain anything to him in this regard?

Steven

Posted: 08 Apr 2010 01:51 Post Subject:

if i am on unemployment and filing for disabilty will filing for disabily stop my uenemployment....live in sc

Posted: 15 Feb 2012 02:16 Post Subject: legallity of restrictions and recieving unemployment

Was working part time hours got injured...was placed on restrictions and was recieving unemployment is this legal

Posted: 15 Feb 2012 10:59 Post Subject:

Unemployment claims require that you are capable of working and actively seeking work. Disability claims require that you cannot work. The two are mutually exclusive.

You may be confused. If you were injured on the job, that is a Workers' Compensation claim. It has nothing to do with unemployment claims. Were you employed or unemployed?

Posted: 15 Feb 2012 11:00 Post Subject:

Unemployment claims require that you are capable of working and actively seeking work. Disability claims require that you cannot work. The two are mutually exclusive.

You may be confused. If you were injured on the job, that is a Workers' Compensation claim. It has nothing to do with unemployment claims. Were you employed or unemployed immediately following your injury?

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