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

Asked 5 months ago - 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)

  1. Elizabeth Shollenberger Esq.

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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

  2. Sean J. Beaton

    Contributor Level 10

    4

    Lawyers agree

    Answered . 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.

  3. Brian Marc Mittman

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.... more
  4. Stephanie O Joy

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now