Can I collect benifits if I was disable and my position was filled?

by J Conchewski
(New Jersey)

I stopped working a few months ago. I was diagnosed with breast cancer and was on temporary didability and my position was filled. Can I fill for unemployment based on this?




Yes, you can file a claim because you are now unemployed.

But you must be able and available for work to collect unemployment as well even if you are approved for unemployment based on the separation.

What I'm trying to tell you is if you are still disabled or unable to work .. you should file the claim because waiting too long may actually hurt you due the "base period of wages" they look at to find you monetarily eligible and establish your weekly benefits amount.

So even if the initial determination finds you eligible base on the "reason for separation" from your job, it could also deny benefits because you are not presently "able and available for work.

Until you are able to provide documentation from a doctor saying you can work again you can't get around that disqualification, but it is a disqualification that can be "lifted" unlike a DQ that must be "served".