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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12860
Experience:  B.A.; M.B.A.; J.D.
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My UNUM short-term disability claim was recently denied. I

Resolved Question:

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.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Phillips Esq. replied 4 years ago.

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: Nevada

Already 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.

 

Customer: replied 4 years ago.
If I apply for unemployment benefits in August, could that adversely affect my chances of getting long-term disability from UNUM? Thank you.
Expert:  Phillips Esq. replied 4 years ago.

 

 

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:

 

http://detr.state.nv.us/esd%20pages/ui%20eligibility.htm

 

 

Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12860
Experience: B.A.; M.B.A.; J.D.
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