untimely medical recertification (collecting, file, receive, apply)

[bernguy]

I got fired from my job for untimely medical recertification. I was given a written notice to bring a recertification on January 24 2014, then I received a termination letter on February 4 2014 for lack of communication and recertification. but with all this period I was incapacitated from back injury I sustained from working about a year ago, this injury had re-surfaced so I had to go on medical leave of absence. now do I qualify for unemployment benefit since I could see my job did not give me the 15 days window period as it is stipulated in 29 CFR 825.305(b) to provide the medical recertification

[Chyvan]

If you were terminated in Feb of 2014, why are your worried about UI now?

Just file, and say you were discharged and NOTHING more. Then you can sort through the issues when you get paperwork back.

I think you'll have monetary issues because of your long time without work, and I think your employer will make a case for misconduct, but deal with things one at a time and that can't happen until AFTER you apply.

[bernguy]

I had already apply for unemployment benefit in February but was issue a denial, so I appealed my case and the unemployment agency kept postponing my hearing date that is why the delay

[Rabrrita]

But you wouldn't be eligible for unemployment if you were incapacitated due to a medical issue. You have the issue of Able and Available. I suspect Unemployment denied the benefits due to you being unable to work and the postponments are due to not getting a release from your doctor saying you are now able to work. Did you actually mean unemployment or do you mean state disability or workers comp? The story doesn't add up.

[bernguy]

I went on medical leave of absence to get treatment from an injury I sustained from the work place a year ago

[Chyvan]

medical leave of absence = no unemployment benefits until you are cured. Are you cured?

[Ariadne22]

Originally Posted by bernguy

I got fired from my job for untimely medical recertification. I was given a written notice to bring a recertification on January 24 2014, then I received a termination letter on February 4 2014 for lack of communication and recertification. but with all this period I was incapacitated from back injury I sustained from working about a year ago, this injury had re-surfaced so I had to go on medical leave of absence. now do I qualify for unemployment benefit since I could see my job did not give me the 15 days window period as it is stipulated in 29 CFR 825.305(b) to provide the medical recertification

Originally Posted by bernguy

I had already apply for unemployment benefit in February but was issue a denial, so I appealed my case and the unemployment agency kept postponing my hearing date that is why the delay

Originally Posted by bernguy

I went on medical leave of absence to get treatment from an injury I sustained from the work place a year ago

*sigh* - c'mon.

Please provide the WHOLE story - work history and disability - in chronological order, with exact dates - AND - YOUR STATE.

The disability you collected - was it state disability or worker's comp or employer disability?

It matters - because if you've been unemployed for too long without any earnings in the base period, some states will use worker's comp in lieu of earnings for at least one quarter, and may look back an additional quarter for earnings.

It is a waste of everyone's time to conjecture on your eligibility. The least of your worries is your discharge for failure to provide medical certification. The more critical piece of the whole puzzle is what actual earnings remain on which to base a claim - AND - YOUR STATE.

The furthest back most states will look at this point for earnings is July 2013 - i.e, standard base period if you file now is earnings July 2013-June 2014 - although some might go back additional quarter..

Thus, we need your work and disability history beginning Jan. 2013-present.

Thank you.

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https://www.city-data.com/forum/unemp...l#post31918210

1. Please include your STATE when posting a question. State laws/precedents differ. It is often putting the cart before the horse to discuss a quit/misconduct/claim issue without first knowing your STATE.

2. Please USE PARAGRAPHS frequently in your posts - make an effort to organize your information chronologically. Use bullet points and/or paragraphs. Lengthy posts without paragraphs are hard to read, not to mention facts are overlooked and often misunderstood when everything is run together.

4. Please provide exact claim history. EXACT dates of beginning and end of each claim, how much EUC collected on these claims, did you work at any time while collecting benefits. Avoid using statements like "a year or two ago," "after a few months I was let go," "I stopped claiming for a while" (the question then becomes "for how long"). Exact dates, weeks collected, WBA amount, any EUC collected avoids unnecessary back and forth and misunderstandings on the true nature of your situation.