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No Unemployment Benefits Because My Doctor Won't Let Me Work?

by Alberta
(Texas)

I work at a job for sixteen years, I had a emergency surgeries for perforated ulcer due to my doctor prescribing me too much steroids. My doctor said it would be a year before he would release me for work. I was fired. I apply for unemployment and told I couldnt get unemployment cause I couldnt go out and apply for a job? ???

That Sounds Like a Correct Initial Determination To Me

Hi Alberta,

A person must not be fired by their employer for something not provable as work related misconduct, but also be conditionally eligible to collect, as in being able and available to work, so they can accept suitable work when offered to them.

Regular unemployment benefits are basically, compensation to keep you going while you comply with the minimum job search by a state. Of course, the condition states don't explain openly is the bar for new suitable work might be lowered for people collecting and, regardless of the separation cause being with, or without good cause.

However, on an optimistic note, Texas is also a state with access to something called an EXTENDED BASE PERIOD for qualifying people such as you.

According to the monetary chartbook, the TX EBP works like this:

EBP: If an initial claim is filed within 24 months from the date an individual's illness or injury began or occurred, the BP will be the first 4 of the last 5 completed quarters preceding the illness or injury.

I know this info doesn't help you out now, but considering a whole lot of other states don't even have an EBP for a claimant such as you, it means you could actually collect regular benefits when you're finally released by your doctor to work again.

Chris

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