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Can I re-file after being denied 1 year ago?

by Cindy
(Pa)

Hi Chris,
I was fired last September after being out on an un-paid medical leave. When my doctor told me returning to work would only make my medical situation worse, I informed my boss that I would be out for a few more weeks. At that point he informed me that he couldn't wait for me to come back and would have to hire someone else.
I then filed for unemployment and was denied. I filed an appeal and at the hearing my former boss claimed that I quit, and was again denied.
So after all medical problems ok and I got the "all-clear" from my doctor to return to work, I started searching for work. It's now a year later, and I'm still out of work (and not receiving any benefits).
My question is.... Can I re-file for benefits now that it's been over a year since I was denied?
Thank you!!
Cindy
PS - I live in Pennsylvania



You can refile, but now you haven't had subsequent work to either monetarily qualify for a new claim and if it's been over a year without work you haven't had any wages to puge or remove the voluntary quit disqualification.

In PA you must go back to work and earn at least 6 times your weekly benefit amount before you might be able to re-qualify.


I am curious though .. why were you denied at hearing? Did you not present your medical documentation or ask the employer for some kind of written notice of termination?

Because that's just not right.

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Nov 16, 2010
I Mixed My Information Up!!!
by: Cindy

Hey Chris,
I apologize, I was wrong in something I said before... The original reason that I was denied unemployment was because of " There was a conflict between whether the claimant quit or was discharged", and all that. Once I received this letter, I filed an appeal.

The reason I was denied after having a hearing was "Due to Medical reasons, Claimant is not able and available for work". Which I do understand, but funny side note: Once I finally got my hearing, my doctor had cleared me and I was no longer on disablity.

How do I re-file now? Do I still re-file under my the employer that discharged me (they were my last employer)?

Thanks again,
Cindy



Cindy,

I would need to know the BYB and BYE date of your benefits year.

Did you provide the medical release at the hearing? It does not make sense that if you were denied for not being able and available .. that the medical release wouldn't clear you for benefits.

To try to requalify, you would need to show the unemployment department your medical release to overcome the A&A (able and available issue) and then if "otherwise eligible" you should be able to start collecting.

If that claim has expired, you would need to file a new claim and hope that you still have sufficient wages in the base period that will be used to monetarily qualify.

If you do, it is possible that your WBA will be less or that the duration of your benefits may change from the usual.y 26 weeks.

Without seeing your paperwork .. it would be difficult for me to tell you much more .. because I simply don't have a clear and complete picture of what happened in your case.

Sep 22, 2010
Still a little confused .. but
by: Chris


Still, Cindy it does not make much sense to me.

How could it have been found that you quit if you were discharged?

The only thing that makes any sense is that you failed to return to work on your return to work date without contacting the employer prior to this and officially requesting additional leave.

That is called voluntarily quitting by job abandonment.

Being fully restricted from work .. means that you cannot collect because you are not "able and available for work", but once released you would simply fax the release paperwork to lift the disqualification vs. serving or purging a disqualification.

The fact that a "partner" said you abandoned your job is what gives rise to the question as whether you communicated with the employer that you needed your leave extended.

Lack of communication is often the problem for those whose health has become the issue in maintaining employment.

So, despite any possible monetary issue. If your last claim has expired .. it cannot hurt to file a new claim and if it hasn't yet expired (this date is called the BYE) try to requalify.

Sep 22, 2010
Re: Can I re-file after being denied 1 year ago?
by: Cindy

Hey Chris,

Thank you so much for your input. I did have all proper documents at the hearing. My surgeon (I had spine surgery, this was the reason for being out of work) gave me "Complete Disability" paperwork, and I had 2 of them. One for when I first went out for surgery, and another for when my surgeon determined I needed a few more weeks of recovery before returning to work.

At the hearing, the official didn't seem concerned at all with the reason I was out on disability (or the accompanying paperwork). It seemed to be about that I couldn't complete my job, and wasn't. I had offered (to my boss before being fired) to do some work from home. While I couldn't do everything from home, my thoughts were doing a few hours of computer work (from my bed) was better than them getting nothing done there.

When I brought up this point at the hearing (that I had tried to accomidate them even though I was on complete disablility), my boss argued that wasn't good enough. There was too much to be done in the office that I couldn't do from home.

Here is exactly as stated on my "Notice of Determination" Letter:
1. There was a conflict between whether the claimant quit or was discharged.
2. The Claimant voluntarily quit due to health reasons.
3. The Claimant had the following work limitations as a result of the health problem: cannot work.
4. The Claimant's restrictions were so great that she was unable to accept any type of work.
5. The Claimant's ability and avialability for work is affected because: she is on disability.

The day before the day I was fired was the day that I qualified for my companies disability benefits as well. The morning I was fired, I also received a phone call from another co-worker who suggested that I file for disablity benefits before they fire me. I actually thought that was funny, that she was making a joke! Now I realize that she may have had inside information.

Just so you can get a clear picure of exactly where I worked: After I was fired and denied unemployment, the Partner of my company walked into the conference room for a meeting where many people were already sitting. Two of my co-workers (who became friends) were telling another woman about how I was doing, and filling her in on what I was going though with doctors and such. The Partner heard they were speaking about me, and made the comment, "She abandoned her job".

Anyway, that is the story in a nutshell!!
Thanks, Chris!!
Cindy


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