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Hi, I was in car accident on my way to work on 7/15/08. I was seriously injured and out on insurance disability until recently. I was told my employer terminated me after the 12 week medical leave allowed by law was up. I was unable to apply for unemployment since I was receiving disability payments from my insurance company. I am now off disability My employer now states there is no position for me to come back to . I filed for unemployment as I am now looking for employment. I was denied because they are going back 18 months from the date I filed and not from my last day of employment. They are telling me that my earnings do not qualify. I would like to appeal and would like to ask two questions: 1. doesn't my wage earnings from 18 months prior to my termination is what should be considered? 2. If not I received 60% of my salary on disability. Shouldn't those earnings count for the last 18 months? Please advise, I really need help as I now have no income coming in to pay my expenes
State/Country relating to Question: Pennsylvania Already Tried: I just applied for unemployment. I just received notice that I was denied because they are only counting my wages from April 1, 2008 to July 15, 2008. They are not going back 18 months from termination date just filing date.
1. Unemployment benefits are based solely on the statutory requirements of the State in which you were employed. If your state requires wages accruing as of 18 months prior to the date of filing, then that requirement controls.
2. Disability payments are not wages, because no contribution to unemployment is required.
I regret that you appear to have no recourse. Obviously, you won't like this answer, but I can't make one up, just to make you feel better. Please don't shoot the messenger.
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