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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20299
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My application LTD insurance is in final review phase, buy I

Customer Question

My application for group LTD insurance is in final review phase, buy I was recently terminated for not returning to work for health reasons. I exhausted my FMLA, and my request for reasonable accomadation allowing me to work part time on light duty was
denied. However, I don't know if my disability claim will get approved or not. Am I allowed to file for unemployment in the mean time?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. One of the eligibility requirements for receiving unemployment benefits is that the claimant must be "able" and "available" to work full time. So, unless you can accept full time work of some type you would not be eligible for UI benefits. If you can work, then you can apply for benefits, however, it is doubtful that you can be eligible for those benefits if you are also eligible for LTD, which is based on your inability to work.

Please feel free to ask for clarification. If none needed, please take a moment to leave a positive rating in the box above so that I will receive credit for my work. Thank you

Customer: replied 1 year ago.
Do you recommend waiting until I receive a decision regarding my LTD before applying for unemployment?
Expert:  Marsha411JD replied 1 year ago.

That might be the best course of action. It won't hurt to wait a bit to ensure that you have that issue resolve. Hopefully it will be approved.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer I provided to you on the 23rd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.