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Denied Unemployment have RESTRICTIONS IL
#1
I got hurt at work and still havn't seen a penny in 4 months. I have had an attorney from the very start of the injury. My work denied the claim right away and I am waiting on it to go to trial. I havn't even gotten paid any TTD (TEMPORARY total disability). The only thing I've done since the start of this surgery is seen an orthopedic ounce and go to physical therapy ounce a week. I am awaiting a total hip replacement when I'm not even 30. Both my doctors say it is work related and one of them being world renown. The orthopedic said he would like to do it but unfortunately i have to wait untill the judge orders them to pay for the surgeey and to get some sort of income from TTD. I recently got my doctor to put me on work restrictions since I've been off work for so long with no money. I was hoping since my employer does have some sit down office positions I could do that untill I have my surgery I need. My attorney said if they can not accomodate my work restrictions than they have no choice but to give me unemployment. It's been over a month now since I filed for unemployment. Had several phone interviews. The adjudicator even told me over phone she would probably approve me today if could fax over doctor documentation which i did that same day. This week had another interview and somehow same day had it got a denial letter. The letter said I wasn't able or aviable which makes no sense to me. I can not be weight bearing but I can sure sit at a desk and use my hands and ears and do office work. If anyone has experienced this before or could provide any insight to the situation it would be greatly appreciated. This has to be the most frustrating drawn out process mentally and financially I've ever dealt with.
 
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#2
NY here... I tried for unemployment too and was denied. I was told since I wasn't Ready - Able - Willing to work, I couldn't get it. I was also taken out of work until further notice from a surgeon. So I only had my comp checks to depend on.
 
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#3
Most health insurers will pick up treatment when a claim is denied by workers comp.

With such a serious injury  you could be off work a year. If you have medical evidence it'll be that long, you can fle for SSDI.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
(09-09-2017, 11:07 AM)1171 Wrote: Most health insurers will pick up treatment when a claim is denied by workers comp.

With such a serious injury  you could be off work a year. If you have mdical vidence it'll be that long you can fle for SSDI.

Thanks for all the replies. I just got off my private health insurance in March and got injured in May. Since ive been off in May havn't had any income. The only thing thats happened is went from making 700 something a week to just only getting food stamps and now on medical card.The disability lawyer I talked to said I couldn't apply because if I had a surgery I wouldn't be disabled. I will try and call around my area to get another attorneys opinion. I supposably have one of the best lawyers in my area. My orthopaedic is world renown and voted Chicago doctor of the year more than ounce. My condition if it helps is aggravated avascular necrosis.
 
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#5
That doesn't make since. Your own doctor will tell you that having surgery , even if it goes well, will disable you for months.
The Only credential that means anything to the comp court is "M.D."
If you are looking to switch attys get one that specializes in comp
https://www.avvo.com/workers-compensation-lawyer.html
https://www.wilg.org/?enableMobile=0&pg=login
https://www.isba.org/public/illinoislawyerfinder
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
(09-09-2017, 12:40 PM)avn Wrote:
(09-09-2017, 11:07 AM)1171 Wrote: Most health insurers will pick up treatment when a claim is denied by workers comp.

With such a serious injury  you could be off work a year. If you have mdical vidence it'll be that long you can fle for SSDI.

Thanks for all the replies. I just got off my private health insurance in March and got injured in May.  Since ive been off in May havn't had any income. The only thing thats happened is went from making 700 something a week to just only getting food stamps and now on medical card.The disability lawyer I talked to said I couldn't apply because if I had a surgery I wouldn't be disabled.  I will try and call around my area to get another attorneys opinion. I supposably have one of the best lawyers in my area. My orthopaedic is world renown and voted Chicago doctor of the year more than ounce. My condition if it helps is aggravated avascular necrosis.

I agree, this does not make sense. You should apply for SSDI and SSI (both from the social security office). A lawyer does not know how you will heal from surgery or your recovery time. It is my understanding the qualifications is if your doctor believes your disability will last at least a 12 month period. You have already been off 4 months....
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#7
Thank you for all the replies. I will definitely look into social security thing. Do you recommend hireing a lawyer for this? I have another interview think it's appeal for unemployment. Almost been two months since first applied not sure how many questions they can have. I've already told them my case is being denied and not getting any compensation. My employer claimed for me didn't have work that met my restrictions from my doctor. Has anyone else dealt with waiting this long for unemployment just because you've filed workers comp. ? Been laid off before did normal waiting week that was it. This has to be my 6th or 7th interview.
 
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#8
You can get an atty if/when you are denied SSDI.
Unemployment is not a substitute for Temporary Disability; You have to be able to look for work and accept a job.
Once you have reached MMI you can reapply for unemployment.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#9
Ya i am able and available for work. I am just non weight bearing. That means I could do any office type of job or sedentary work. I am not bed ridden.
 
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#10
That will be an amazing total hip replacement.
Good luck with your unemployment appeals.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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