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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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I need help filing an appeal for unemployment. Initial ...

Resolved Question:

I need help filing an appeal for unemployment. Initial Disallowed- Disqualifying Seperation
Submitted: 11 years ago.
Category: Legal
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.

Why are you no longer working? Why was your reason for separation
from employment disqualified for unemployment insurance purposes?
Why do you believe that this ruling was incorrect?



Thanks in advance.



Steve




Expert:  The Mystic Wave replied 11 years ago.

Greetings:


The unemployment development department should have specific forms for filing an appeal, or just that you may need to notify them, so they can document your request for an appeal, and they will set a hearing date.


If not, then you should seek a paralegal's office in your area, for assistance in preparation of documents for filing.


My thoughts will be with you.


I hope this helped. If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.


Thank you for posting your question at "Just Answer".


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Customer: replied 11 years ago.
Reply to Oreport's Post: It was to be terminated and I quit because I have never been ib this position before. I did not want this on my file.
They had written me up 3 times.. the first two times was for office procedures which they say I neglected. The third time was because I had left the office at noon for the rest of the day. Wwe had another employee to cover this for me and she and I talked about it and she said it wasn't a problem. The write up was because she left for one hour and left the office unattended. We had meetings all the time and would forward our phones to the main office. In my write up I stated that if I had knaown this was going to happen I would not have left as it wasn't a big deal for me to leave after work.
there is a lot more going on than this, I feel like the write ups were because they no longer wanted me in this job or company.
I have a medical history and ever since I first got sick in January 2004 this has all started.
I was out for three months the first time with a emergency bowel resection and almost died. Went back to work as soon as my FLMA was over even though I was not really able . The second episode was January 2005 and I had a stroke and lost some memory and weakness on my left side. I was out for one week. I also have Lupus which did not help the situation.
I know this is a lot of information I hopes it helps you.
Sincerely,
Copper
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.
HiCustomer



While I cannot be certain -- my guess is that your appeal of your
Unemployment Insurance case is going to amount to 'your word against
your former employer's word. By all means, file the appeal --
doing your best to clearly, simply -- and truthfully -- state why
you believe that you were not at fault in your separation.



That said, because an illness was involved which left you with some continuing disability -- you might have more success filing a claim under federal law for employment discrimination due to disability.
For example, under the Americans with disabilities Act, employers are
required to make 'reasonable accommodation' in order to employ (or
continue to employ) an otherwise qualified applicant/employee.



An Independent Living Center in your State can assist you with this claim process -- and can also help you with applying for Social Security Disability Insurance (SSDI) Benefits -- if you should wish to do so.



Let me know if you need more input. If not, thanks for the
opportunity to assist you... Please honor my efforts by pushing the
green 'Accept' button (located within this post -- above-right).
Adding a bonus -- should you wish to do so -- would be warmly welcomed.



Good Luck!



Steve




















Expert:  The Mystic Wave replied 11 years ago.

Greetings Copper:


Of my professional experience, you may have trouble with this appeals process, being that you quit. I understand what you are saying concerning the fact of what you were going through physically, however, being that you quit, it may be that you will be denied benefits.


With this in mind, it may be more beneficial to seek temporary disability benefits, if you have't already.


Either way, you may wish to seek the advice and counsel of a labor attorney, or as mentioned in my initial response, you can seek a paralegal's office for assistance in preparation of documents for the appeal process.


My very best to you.


I hope this helped. If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Customer: replied 11 years ago.
How do I apply for temporary disability?
Copper
Expert:  The Mystic Wave replied 11 years ago.

Greetings Copper:


Thank you for responding, and reqesting more information.


Of my experience and knowledge, based on assisting legal clients, you should contact your local Social Security office in order to inquire as to applying for temporary disability, or you may visit their website to apply online. Please see below for their link:


http://www.ssa.gov/


Other link of possible interest: http://www.social-security-disability-claims.org/


To help with your claim, please consult with your physician(s), as you will need proof of your current medical conditions. in fact, usually physicians submit all proper forms directly to the Social Security office for their patients. You may wish to ask your doctor's office if they are willing/able to do same.


I hope this helped. If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
The Mystic Wave and 6 other Legal Specialists are ready to help you