Was fired Can I file for SSD and Unemployment?Please

Discussion in 'Fibromyalgia Main Forum' started by keke466, Jun 23, 2006.

  1. keke466

    keke466 New Member

    Well it finally happened. I've talked about how much my boss disliked me and how stressed she made me. This past Tues. she did it. I tried to fight it cause she has no good reason. It's personal and always has been. It's very upsetting. I've never been fired and I've been there 8 yrs.. I wanted to at least finish what short time I have left to work there. I filed for unemployment and man is it gonna be rough. I'm gonna fight it best I can cause I know she's gonna deny it. Everything she has written me up for is all lies and I can prove it but when she tells them it's gonna sound bad on me.

    Has anyone filed for unemployment?? I'm thinking about filing for SSD since I'm already off. What do ya think. Can I do this? I thought I'd call a SSD lawyer and see if I can start the process if I get my unempl.

    What about filing for SSI. Can I get it if I've not actually been declared disabled?? I have no idea what I'm gonna do about making household payments. It just so happens that last Sat. I got a check in the mail from my mortgage company. It was an escrow refund. So that will last a short while. You know working in the nursing home I live paycheck to paycheck.

    My mortgage com. told me they could possibly suspend my pmts. for awhile since I'm filing for unemp. and gonna fight it. Man I hope I know something within a month. It's gonna be so hard to find a job since it's hard for me to work in the first place. At least where I was they knew I had limits and I worked nights so I could sit for awhile if I needed to but I was still sick everyday I was off.

    Please give me some advice.... Thank You,Keke
  2. loucindy

    loucindy New Member

    i am sorry keke but if you draw unemployment you can not file for ssd, because to be able to draw unemployment you have to able to look for work and to draw ssd you have to be unable to work it is a catch 22 good luck cindylou
  3. LouiseK

    LouiseK New Member

    Hi

    Would you mind explaining the bit about not going from full time to part time hoping to get better, etc. . . .and how that cuts your benefits down?

    Thank you.

    LouiseK
  4. wildflowers2

    wildflowers2 New Member

    Ah heck I could write a book on this subject.

    Hugs...Ok sit tight.....you may qualify for a legal aid lawyer. IF you get denied your unemployment you have the right to appeal.

    If, you qualify for AARP or married to somoen of the age for AARP get their lawyer. Much cheaper.* glad I married an older man* ha ha-


    Anway, go to the appeals hearing alot of times the company doesnt show and it is an automatic win for you.
    when you get to the appeals hearing early you have a right to look at what the company had said.



    ****KEEP your cool.....grit your teeth.....


    and just the facts in a professional manner.

    The key words to say is when asked something you are NOT
    sure of say......" I do not recall"


    Let them look like the jerks as they are betting on getting you p*ssed off. Do not fall for that.

    I was fired ( laughing now one of MANY times for my hearing impairment)
    And went to the hearing with a legal aid attorney.

    Well, the general manager had his turn to cross examan me.

    and asked me a stupid question which my lawyer objected to and the judge had it taken out of the transscrip.

    Then the rocket scientist general manger objected and said.


    " I know the way a court room works and what to ask
    I watch L.A. Law."

    DO you know how hard it was for us NOT to laugh.



    **ONe more thing....facts.....and dont TMI

    too much information.......only what is important.

    I know you want to deep six them but..keep your cool.




    I got fired froma temp place when my brother died and had to take off to make arrangements.

    So, when I called the temp service back the gal had attitude plus and told me to NEVER to her call back as they did not have any jobs for me. EVER and they did not want ME working for them.


    OK, with pen in had after the call I wrote everything
    down that was said.

    When I filed for unemployment the Temp service had their
    lawyer file an appeal.
    So, off I go to another hearing.

    The hearing judge asked me what the temp agency said the day I called in to find another job.

    SO, I releated the above...never to call back. blah,blah blah.......

    He gave me a dumb look and said to the attorney. You wasted my time for this?

    I got my unemployment.


    SO good luck.

    Get a note book and write everything down NOW while it is frsh in your mind

    You can re word it later...editing the curse words....

    SSD....pays longer and.....YOU need good medical records
    to back you up.

    ***OH Major important here***** Send A registered
    letter to the HR dept requesting ALL copies of your personel file!!!!

    do return receipt reguested..

    WHY..simple then they can not pad information down the road.

    As again that happened to me.


    The one com-panyhad 2 sets of files on me.

    One at the place I was and one in another state .

    I had an attorney friend so I had them send it there.

    Boy , the HR dept got real nervious and called me up to bully me and said you know lawyers are expensive.......


    * here is where the white lie comes in at********

    Well, I said I didn't care as my father owned a business and I was using Daddy's Corporate law firm.

    I could see him loose color over the phone.

    What state do you live in?



    wishing you the best



















  5. 1975jet

    1975jet New Member

    Keke466 I've been going through this BS for the last 6 mths of so. I was on short disab. through my company do to depression and anxiety disorders-the pains I had had in the past just got worse and worse... when my STD ended- I started applying for the long term through the company(nightmare in hell) Then work called my in and I was terminated...

    I accepted that, they did pay me severence pay and my insurance until end of last year. I was denied the LTD and filed for unemployment- took me about 3 weeks to get a check. All along people told me to file for SSD-of course because I was so proud(?**@#) I didn't. What BS it all is about- Now I am worse with pain and my anxiety remains uncontrollable after a year.. I still take meds and seek counselling- I have no insurance-everywhere you go it seems you hit a brick wall....HMMMM

    What I would do is see a legal aid, and file for unemployment if you can still work.. If your doctors say you cannot file for SSD or SSI.

    I'm going to file for SSD- I have had it..

    Let us know how you do.
  6. abbylee

    abbylee New Member

    I was careful to keep all correspondence with my doctor and I took it to the unemployment office with me. The unemployment folks didn't hesitate to let me collect the money.

    (My doctor had recommended no more than 40 hours a week, after I had used my short and long term benefits with the company.)
  7. Adl123

    Adl123 New Member

    Please, oh please, apply for everything you think you can, as soon as possible. The worst that can happen is that you will be denied.

    Don't let what happened to me, haopen to you. I had disability pay from my school district, and so I didn't apply for disability until I was through with that, since my moneys came from the state. I though I would have been double-dippinig.

    Well, boy, was I wrong! When I did apply, I was recognized as disabled, but I got no money, as I had waited too long before applying. All I got was 2 free months of Medicare.

    So - Please, do all you can, right now!

    Good luck,
    Terry
  8. 69mach1

    69mach1 New Member

    it will help sort things out for you and give you great tips...

    you getting fired has just worked to your advantage, sadly it does...

    file for unemployemtn...they do not care about you recieivning unemployemtn..if it will hellp pay the bills to get you buy then great...

    i did it and i won my ssdi...

    go file for ssdi you do not need to tell your doctors you filed...most doctors do not know wha tthe system is all about..and how it works....

    go to that website it is useful

    jodie
  9. Bruin63

    Bruin63 Member

    I got mine on the first try, but it took, 11 months to get a hearing, Ca. courts are overloaded with case's.

    I got a Lawyer, through Social Sercuity, and they only took out what was allowed, by law.

    Do keep all your Medical Records, also keep a Journal, I had mine in a notebook, looked more like a kids book, lol.
    Anyway, it worked out ok for me.

    So Good Luck and do file now,
    sharonk

    ps I should add, that I was seperated from my DH at the time, then when he moved back in with me, 6 years later, I had to refile, and they took, my money, because He makes to much. grr!
    Even with his Ins. we still live on the edge.

    Heck a couple of years and I'llbe Old enough to get my SS, if there is any Money left in it, lol.

  10. singingirl

    singingirl New Member

    My sister in law has MS, and she got fired because they were trying to regulate her medicine, and she had to miss some work, they fired her and told her she wasn't dependable. She tried to explain to them about the new medicine (they knew she has MS) but they didn't care. She got her unemployment last week.
    Best of luck to you, and God bless you.
  11. mrdad

    mrdad New Member


    Have you considered registering a complaint to your local

    "Labor Relations Board"?? It might be good to have one

    on file as you pursue your case with the State.

    I think Oklahoma is a "Right to Work" State so don't

    know what the State general disposition toward Labor

    would be. Make your employer justify the dismissal!!

    Best of luck,
    MRDAD
  12. Crispangel66

    Crispangel66 New Member

    with working as long a you have you could get SSD you should have enough work credits.

    But one thing that really helps is going to specialists in your conditions and going alot.

    Good luck to you, Pamela
  13. lighthouselady

    lighthouselady New Member

    I also was fired from my job because I couldn't keep up. I couldn't meet their production standards, after 25 years, of course they upped the standards several months before that. Anyway, I used up my unemployment, then filed for disability, got my first denial a couple of weeks ago. I filed for reconsideration the next week. It just doesn't seem as if anything is really going my way though. I did file a lawsuit against the hospital I worked at, my employment attorney said it's one of the best cases he's seen. They clearly didn't follow the union rules for getting rid of me, in fact, the union pretty much helped me out the door.

    This probably didn't help you much but at least you know someone else out here knows what you're going through.

    Judy