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Long term disability or unemployment

Rockford, MI |

6 .5 months after ankle injury long term disability claim pending approval let go from employer for injury restrictions should i file for unemployment used fmla and six months of short term

Attorney Answers 3

Posted

While the need for income is understandable, if you file for unemployment benefits it is going to appear to the LTD company as though you can work, or at least that will be the argument when they deny your claim. Additionally, if you are seeking unemployment benefits you have to be able to work. You cannot rationally seek unemployment benefits when you are disabled from your occupation. And since it sounds like you were paid six months of STD benefits, it does not seem like you really can work.

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Posted

thank you for the advice

Posted

Long term disability and unemployment benefits conflict with each other. If you apply for and receive unemployment, you are stating you are an able body, ready and looking for a job, but just cannot find one. When you apply for Long Term Disability, you are stating you are disabled from work. Usually you cannot collect both. My suggestion is to contact the Disability provider ASAP to get them to make a decision on your claim. IF they deny your claim stating you do not qualify, you could either appeal or go the unemployment route. Best of luck!

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Posted

Do not file for unemployment benefits unless your physician has certified that you are medically ready to return to active employment (preferably with no restrictions). If you can get the long term disability benefits so be it. But the other attorneys are correct. Unemployment and disability conflict in 99% of the circumstances so you absolutely cannot file for both. Unemployment is actually prosecuting people for collecting benefits when they should not so I would avoid UIA altogether.

Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.

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