Unemployment benefits. Had to leave work due to injury. Now ready to work again... (receive, reapply)

[dper991]

Hello, I had to leave my last job due to an injury. That was in September. I am now able to look for work again so I have just now filed for unemployment. It was a mutually agreed upon separation. MY FML time had expired and I was informed they would not keep me. They said that if I left the job, I would be able to reapply and work for them again. Otherwise, I would have been fired and would not have had the opportunity to return.

Also. A relative of mine told me that after a certain period of time being unemployed, the circumstance around the separation no longer matters. She said I should be able to get unemployment benefits after whatever that period of time is. I've been unemployed for over 9 months. I'm pretty sure I am able to work again

I received a letter saying I meet the earnings requirement to receive benefits.

I called the help number. A recording said it was pending. Another recording said I have a valid claim.
Yet another recording said it usually takes at least 3 weeks.

Can anyone give me an idea of what to expect?

Some more pertinent info. My injury almost certainly was work related. However, it is an 'overuse' injury and my doctors who had pointed to the job as the likely cause, soon walked back their comments once I told them I couldn't work. I also told them I was considering a workers comp case. I didn't pursue that since they were non-committal. Also, my primary told me it would be difficult to do that due to it being an overuse issue, and not something like a fall.

Thanks in advance.

[Ariadne22]

Answer this:

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.

Please read before making your first post

[dper991]

New York

[Ariadne22]

Your relative is wrong. The circumstances surrounding the separation always matter.

NY will want to conduct an interview - and will need medical records supporting your injury - and, in order to pay benefits, will need a doctor's release saying you are now Able and Available.

Your biggest hurdle will be the "mutually agreed upon separation." You would have been better served to allow the employer to fire you for medically caused absenteeism/inability to do the job.

NY is not an unreasonable state, but investigation of this matter will take time. One good thing about NY is it does look closely at the facts and tries to avoid appeals whenever possible. So, if NY agrees you would have been fired had you not resigned, you may be approved.

This process will take several more weeks at least, if not longer - especially if you haven't been interviewed or had a request for medical records.

Has NY sent you a questionnaire? Has an interview date been scheduled?

[dper991]

I have not received any additional paperwork. I spoke with a representative and she said the process will take about 6 weeks.

One good thing about NY is it does look closely at the facts and tries to avoid appeals whenever possible. So, if NY agrees you would have been fired had you not resigned, you may be approved.

That's encouraging. I don't think the extent of my back injury would be difficult to prove as I was out on FML and short term disability. I have lots of Doctor records and physical therapy records.

Thank you for the help.