Employment Law Questions? Ask an Employment Lawyer.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
My UNUM short-term disability claim was recently denied. I work on the Yucca Mountain Project and I've been notified that my job ends on July 30, 2010 (Project is not being funded after my layoff date). Can I collect unemployment while I am waiting for UNUM to make a decision. UNUM is also processing long-term disability qualification at this time (two different departments at UNUM). I live in Las Vegas, Nevada. Thanks you.
Optional Information: State/Country relating to question: NevadaAlready Tried: My primary care doctor had done the initial paperwork with UNUM. I have appointments with my specialists to gather more medical documentation. I received notice of termination by my company and we were told that we would be eligible for unemployment. Since UNUM hasn't paid any disability since May 2, can I apply for unemployment while I'm waiting for the appeal process with UNUM
Response 1: You would apply for unemployment benefits when your job actually terminates, which is after July 30, 2010. Any application for unemployment benefits now would be premature since you are actually still employed.
If I apply for unemployment benefits in August, could that adversely affect my chances of getting long-term disability from UNUM? .
Response: Yes, it would be. Assuming that your unemployment benefit application is approved, you cannot also collect long-term disability payments from your former employer. Conversely, if you are approved for disability benefits, you cannot apply for unemployment benefits. When you apply for unemployment benefits, you indicate that you are available, able and willing to do a job but the job is not available. If you are applying for disability benefits, this means that you are not available, able and willing to do in a job.
See Nevada unemployment insurance eligibility questions:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).