Due to the symptoms of my disability, my employer placed me on an involuntary unpaid leave (my work-site would not be covered by FMLA). Currently, I am trying to assess what benefits I should apply for, as I am unsure if Social Security or unemployment would be more appropriate. My leave is slated to last for four months, but it is not yet set in stone that I will return at the end of that period; whether I come back immediately or whether my leave is extended depends on how my employer deems me to function at that time. A part of me is scared that I might not be permitted to come back at all. My supervisor made it clear that they would disregard any doctor's clearances if they didn't think I was ready to return.

My primary care doctor cleared me to return to work, but since I received the clearance (about three weeks ago), my mental health issues have really been exacerbated, probably by the stress of having no income. While I am considering applying for temp work, just to tide myself over for a few months, I am not sure if I would be able to function optimally in my current state. It's not that I can't get out of bed and am totally incapacitated, but when I try to go about my daily routine, I function inconsistently--not a good state to be in if I want to keep a job, even a temp job for just a couple of months. The nature of my mental health issue is that it tends to flare up when I am under a lot of stress, so getting accustomed to a new work environment could cause me to destabilize--or alternatively, perhaps having a routine and some income again could help me improve. It's really difficult for me to tell at this point.

Would unemployment or Social Security benefits be the better option? Social Security just sounds like such a hassle, so I am inclined to say I would prefer applying for unemployment since the approval period is not as long, provided of course that I meet the criteria. I am a bit worried because I technically still have a job, it's just that I'm not working currently. Since I haven't lost my job, how would the benefits process work--would I have to present a letter from my supervisor explaining that I'm on leave? My concern would then be what if the state contacts my supervisor? My supervisor would explain that he believes I am currently unfit to work, so then the state my deny my claim (since unemployment requires that you actively seek work and are ready to work at any time). I don't know what to do, since I'm not completely disabled, but on the other hand, my supervisor regards me as such.

Welcome to NT....

Boy, you bring up a very good question. Your situation has many angles.
I am unable to get a new job (so far) because of my condition which is progressively getting worse. I'm currently collecting Unemployment due to my prior job closing it's doors, and I continue to look for work in the hopes that 'something' might come along, such as home-based employment.
I don't want to file for Disability while I'm on unemployment. So, I'm kind of in a 'Loop hole' at the moment.

A lot will probably depend on which state you are from.
I can't really offer you any suggestions, as I don't know much at all about this.
But, there are some here who DO know a lot, so I'm sure you'll get some good feedback.

You might want to think about getting an advocate or attorney to help you.

I hope things work out in your favor.
I understand your frustration

Rae

This is really a difficult situation. It would be difficult to prove your mental state of mind as being a reason to collect unemployment. Also, the fact that you were put on temporary leave leads one to believe the employer found you possibly be unable to perform the work.

Not sure if this is 'good advice"; but do see ads on T.V. with law firms trying to help with collecting "disability, etc. I believe they only charge if they are successful in obtaining funds for you. It might be worth a try to give them a call and explain your situation.


Gerry

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

http://www.ssa.gov/dibplan/dqualify4.htm


Strongly suggest that you read the stickies at the top of this website and also visit the SSDI website. Wealth of information at both places.

The real reason that any legal firm can 'brag' that they only charge if you are approved is that it is illegal to do otherwise. No one is legally authorized to charge a fee that is not approved by SSA and the law only allows the fee to be a percentage of any retroactive benefits. So when the ad includes that claim, it is true, but it is true because it is illegal to do otherwise.

There is an ad in my city that includes pictures of happy and healthy looking 30 something 'clients' giving testimonials about how this attorney 'got me my disability benefits'. I do know that some medical conditions are invisible, but still...

For the original poster, if you are able to work at any kind of job, it will be hard for you to be found disabled for Social Security. Perhaps your state has a short term disability program that could pay you a check while you stabilize your condition. Perhaps there is a less stressful job available at your company or maybe somewhere else. You do have a lot of choices to make, but if you are able to work, that is almost always the best thing to do.

U/E (unemployment insurance) is for when you are "out of work" because of a lay-off or downsizing. You must be available and physically capable of working, and in many states, actively looking for work, to collect u/e. If you were placed on a leave of absence due to a health condition, collecting u/e may not be an option.

If your employer is unwilling to accommodate a disabling condition, that may become an issue under ADA, the Americans With Disabilties Act. I only bring this up because it sounds like your doctor has released you back to work from a physical condition that has resolved, but that your employer does not wish to allow your return for reasons based on a different health condition you had before the injury. If this is the case, and the reason they do not wish to bring you back to work is a pre-existing mental health issue that you had before your disabling injury, then I would probably seek the advice of an ADA attorney.

It is hard to tell what your disability is, as you have not described an actual on-the-job injury. However, if what I have described comes close, you may have ADA issues with regard to returning to this employer. I say this because if you have been disabled on a worker's compensation/on-the-job injury, your employer has no grounds to not accept a full-duty release to return to work from your doctor.

Social security disability becomes an option when you are no longer able to work, period. It does not sound like you are a candidate for SSD at this time.

If you live in CA, HI, NJ, NY or RI, than I'd suggest applying for short term state disability. If you don't, than unemployment seems appropriate at this point. Seek medical/psych help and try and get back to a place where you can work or determine if that is impossible.