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To the Distinguished Mr. Burt I had to leave my job

Resolved Question:

To the Distinguished Mr. Burt:
I had to leave my job because of my medical inability to adapt to the changes with my job duties. I had invested in private disability insurance but they only approve me for a few weeks at a time and are making burdensome requests upon my doctor to get my insurance in effect.
I filed for UI but the insurance company says that I will lose my disability insurance if I collect, but the UI folks say that I am ineligble because I get $276 a week from the disability people.
Any suggestions?

Adam [email protected]
Submitted: 6 years ago.
Category: Legal
Expert:  LawHelpNow replied 6 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. Thank you for the honor of requesting me by name. To provide you with accurate information, could you please clarify this point:


  1. What is your jurisdiction (state)?


Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.



Customer: replied 6 years ago.

Mr. Burt:


Thank you for your reply: The answer to your request is TEXAS.



Expert:  LawHelpNow replied 6 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed Texas attorney with labor/employment and insurance law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional information as requested, which was helpful to my analysis of your inquiry. I hope this matter gets resolved appropriately for you.
  2. Unfortunately, this is a major flaw in the law which places folks in your shoes in quite a dilemma. Generally, here is how this works under Texas law. If you receive payments (i.e. private coverage) in the forms of what is known as Temporary Income Benefits, Supplement Income Benefits, or Lifetime Income Benefits, the Texas Workforce Commission cannot pay Unemployment Insurance (UI) benefits. However, if one has a permanent disability and receives Social Security Disability Insurance, the person may well be eligible to receive UI benefits. The latter statement can be true even if the person is still able to work part time.

  3. So, having said all of that, in terms of any potential solution here is what I would suggest. Usually I have found that only by sitting down with legal counsel can options be explored in hopes of structuring benefits so you can the maximum due to you. This would require having an attorney examine your private disability insurance policy in light of his or her knowledge of Texas UI law. Realizing that finances are obviously tight at the moment, I would suggest using the resources of the State Bar of Texas Lawyer Referral Information Service. You could schedule an initial session with a lawyer for $20. I wish I had a simpler solution, but at this juncture I am afraid you are at the point where you need a face to face consultation.

  4. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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