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I was denied my unemployment benefits.

I have been denied unemployment benefits because I'm on medical leave. A few questions for you?

  • I am on medical leave from my job. Unemployment security is saying I do not qualify for benefits because A: I am not available to work and B: I have a return to work date. But the thing is even though I am on medical LEAVE, I will never be able to go back to my former job (because of my illness). I have made this clear to my HR and to my physician. So when my leave is up I will be 'medically separated' from my former position. Another point I made in my appeal letter is I AM available for work and I have been looking for work. The thing is I am NOT available to work at my former position because of my illness but there are plenty of other things I CAN do (to qualify for for unemployment you must be looking for a job and keeping logs of your searches, which I have been). On the leave paperwork my doc submitted to my HR there is a section called the “Ability to Work Summary” section. In this section there are 5 boxes and the doctor can only check one box. The box my doc checked reads: “The employee/patient will not be able to perform the essential duties of the current position within the next 6 months, but CAN now work at least 50% time in another job. " So unemployment is saying I am NOT available for work but my doc is clearly saying that I AM availalbe. I've put all this information in my appeal. Does this seam reasonable to you? Do I have a shot at having this decision overturned? Thank you so much for your comments:)

  • Answer:

    I doubt think you would qualify because to get unemployment you have to leave your previous job through "no fault of your own" = you are 100% at fault for leaving the job. I'm sure you didn't intentionally have whatever happen to you that happened to you. But it's you who left the job, not the employer for having let you go.

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Unemployment means you are able and willing to work that day if offered a job. You are on medical leave and NOT able to accept and work a job immediately.

You don't qualify for unemployment if you are not able to work at all. If you are able to hold down a job, then you qualify. It doesn't matter if you can't perform in your current position. Your doctor should check off a different box. And he doesn't have to write anything about your going back to work in six months. That only applies to people who have been laid off due to lack of work.

Not a good chance of having it overturned. When your doc says you are able to work full time at another job, you might have a chance. And from your question it sounds like YOU, not your doc or employer, are saying you'll never be able to go back to your former job.

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