info about SSDI for depression anxiety.

[happyslug]

2. Some additional Comments on Disability.

Please note, if you lose your job, your loss of Income may make you eligible for Legal Aid Assistance (Providing you are NOT eligible today, a subject we do NOT need to get into for this discussion) . Most Legal Aid agencies do both Social Security AND Unemployment Insurance law.

As to your claim for Social Security Disability, I do recommend you stay on the job till your employer decides to terminate you. At that point you can apply for Unemployment Insurance AND Social Security. In all states that I know of there is no law saying you can NOT do both, thus I recommend you do both.

Furthermore the test for Unemployment Insurance and Disability are different, you could, in theory, be eligible for BOTH at the same time (and NOT eligible for both or for one but not the other).

SSA looks to full time employment, Unemployment Insurance looks at any employment. Thus you may be unable to do full time employment and thus be eligible for Social Security, and at the same time be "Ready, Able and Willing" to do any work, thus also be eligible for Unemployment Insurance.

Please note, Social Security Disability is Federal Law and thus the same nationwide. Unemployment Insurance is a joint federal-state system, where variation between the states do exists, but the overall nature of unemployment law in national.

Thus it is FEDERAL COURTS that decide issue as to Social Security Disability, but it is the State Courts that decide issue of Unemployment Insurance, but those rulings are based on State laws passed to be in compliance with Federal Law. Thus some flexibility exists as to unemployment Insurance Law but that flexibility tends to be on the edges of Unemployment law NOT at its center which is Unemployment Insurance for any worker whose work is terminated for no fault of his own.

I mention this for when it comes to Unemployment Law, I am familiar with Pennsylvania version of Unemployment Law, Ohio and other states have different rules but all states tend to use the same basic rules and thus I use Pennsylvania Law for this paper, but you will need to check with a local attorney to make sure the same rules apply to you.

The advantage of being terminated by your employer for Social Security Disability is that such termination is clear evidence that you could no longer do the work you are doing and thus the only issue is are there other work you can do.

The advantage of being terminated by your employer in terms of Unemployment Insurance is that the employer has the burden to show you did "willful" misconduct and thus not eligible for unemployment (Willful Misconduct is a broad term in most states, including NOT doing things the in the best interest of the employer). A refusal to do a job is willful misconduct, but an Inability to do a job is NOT willful misconduct, i.e. being terminated for being unable to do a job means you get unemployment Insurance when being fired for REFUSING to do the same job means you get NO Unemployment benefits.

Thus stay on the job, try to do it the best you can, leave them write you up, point out why you are not doing the job (i.e. your mental condition) and wait for them to terminate you.

If you quit instead of being terminated, the burden of proof is on YOU, not your employer, to show you had just cause to quit. This shift of the burden of proof makes it harder for you to get Unemployment Benefits.

Side note: On employment, follow whatever steps required in your employment handbook. Employment Handbooks are NOT your employment contract (And the courts have long made that the law) BUT if you or your employer do NOT follow what is set forth in the handbook as to your termination, the person NOT following the handbook will be held to what the handbooks said they must do. Most handbooks require employers to report problems to a change of command, you must do so. Most handbooks require verbal, then written write-ups before anyone can be terminated Employers will be held to that standard.

Employment handbooks are written with Unemployment Insurance in mind, thus while handbooks are NOT employment contract (and thus can NOT be used in any lawsuit involving unlawful termination) there are used in Unemployment insurance cases all the time.

Second Side Note: Employment Law and Unemployment Insurance Law are two different things. The above comments is to Unemployment Insurance law NOT to Employment law. Employment law is an almost exclusive area of State law with minimal Federal coverage, unlike Unemployment Law where the Federal Government set up the system and funds the system even through the states pay the benefits and collect taxes to pay those benefits (and it is State Employees who decide the cases and any appeals is to the State Courts not the Federal Courts).