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CAN A PERSON GO ON DISABILITY OR UNEMPLOYMENT AFTER A HEART ATTACK. THERE ARE NO BENEFITS GIVEN IN THE COMPANY. THE PERSON WORKS

Rye, NY |

CAN A PERSON GO ON DISABILITY OR UNEMPLOYMENT AFTER A HEART ATTACK. THERE ARE NO BENEFITS GIVEN IN THE COMPANY. THE PERSON WORKS AS NA W-2 EMPLOYEE IN NEW YORK STATE. AND HOW DOES ONE FILE ANY OF THE ABOVE CLAIMS.

Attorney Answers 4

Posted

If his heart attack keeps him out of work for a period of one year, he may be entitled to social security disability benefits. He should contact an attorney who can assist in filing the application after being out of work for about six months. If he is laid off from his work and less than totally disabled (ready, willing and able to work with restrictions), he can collect unemployment benefits. If he quits and pursues unemployment, the company will likely fight it. Good luck.

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Asker

Posted

how then can he live , if the employer does not pay him while he is home recovering , its been a week ...what can be done

Sean J. Beaton

Sean J. Beaton

Posted

There is not a great answer but he can apply for nys short term disability which pays $170 per week. An attorney posted the link below. This, coupled with any private disability policies if applicable, as well as potential unemployment can keep him above water until he is eligible for SSD.

Posted

Can you clarify what you mean by "NA" when you state "NA W2 employee"?

OK, if your company does not provide disabilty benefits, then that is that. However, NY has a temporary state disability program. See here: http://ww3.nysif.com/DisabilityBenefits.aspx
It applies to non-worker related illnesses (and typically heart attacks are not taken under Workers Compensation).

If your heart attack, combined with any other medical impairments you have, has made you unable to work any job (even simple, easy, sedentary) and your doctors believe and credibly report that the work related severe limitations will last longer than 12 months (no need for the 12 months to have already ocurred, though!) - you can ALSO apply for SSD (and/or SSI).

With regard to unemployment, if you lost your job, or possibly quit with just cause, and you ARE able to do some sort of other job(s) despite your heart and other impairments, and if you are looking for such job, you can likely apply for UI as well.

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Asker

Posted

I meant a w-2 the n was a typo

Stephanie O Joy

Stephanie O Joy

Posted

Ah, OK, good to go then. My concern was that maybe it had to do with alien status or something like that, in which case I could not be sure my answer would apply. Good luck with all!

Posted

You have many potential options. The most important thing is to obviously get medical care.
If your heart attack was in some way work related then there is possibly a workers compensation claim. If it is not 'work related' but keeps you from working then you can possibly apply for short term disability, long term disability if you have a policy, social security disability if you are out of work long enough and other types of disability depending on what if any benefits you receive from your employer or union or purchased privately. More information is definitely needed.
Good luck.

EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel. This answer is NOT to be considered legal advice and there is NO attorney client relationship implied from this answer.

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Posted

Unemployment insurance is for people who are unemployed through no fault of their own and who are ready willing and able to work.. If your heart attack makes you unable to do your past work but able to do something less physical, you should apply for unemployment. If you are unable to work at all and your doctors say that you will not be able to do even sedentary work, you may be eligible for Social Security disability.
You can apply for unemployment at the NYS Department of Labor website. You can aply for disability at the Social Security website, www.ssa.gov

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