Denied unemployment after working at a new job for a week before an unforseen injury.

by Jaime
(Michigan)

My husband has been working a security job for a year and a half. He started a new job in his skilled trade as a carpenter and worked for 1 week before he was injured and admitted to the hospital for a week. He had to have spine surgery. His doctor released him back to work with restrictions (no bending, lifting, twisting) after being off for 4 weeks.

His new employer was contacted by the UIA and responded with a letter stating he had worked for him for a week and he would not be able to take him back because he is a liability. My husband received 1 check from the UIA. He then received a letter stating he had to pay back the money he had been paid and was not eligible for benefits because he was not available for suitable full-time work. When he called the UIA regarding the letter, they stated he was not eligible because he did not make X amount with his new employer.

Although we are a little confused, it seems the reasons for denial are that he did not work for his new employer for long enough and he has restrictions so he is limited to the type of work he can do. Does he have any chance with an appeal? Any suggestions?

Any advise would be really appreciated :)

Thanks,
Jaime



Hi Jaime,

Appeal. If he was denied primarily for not being able and available, but has a medical release to work he may not be able to do carpentry work, but he is able to look for other suitable work (including as a security guard).

Appeal any determination which says he's not entitled .. to preserve appeal rights. Let the Michigan hearing process work it out. You should look into the Michigan advocacy program to help you sort out what's going on and help him prepare for the hearing.

The only potential problem I can see that you didn't explain is why the State of Michigan is requiring him to fulfill the monetary requirements for a second benefits year. The problem might be with extended benefits and minimal requirements to get that back. I'm not sure, but definitely appeal.