Question About Being Fired For Misconduct Related To Ptsd And Being Denied Unemployment

[Michele Turpin]

I have a situation. Friend served in the Army, 2 tours in Iraq on the front lines. He and I had been out of touch for years. When we reconnected I knew he had PTSD. He started having issues at work and said something to a co-worker jokingly that he got fired for. He applied for unemployment and the employer that fired him is fighting it. In the meantime I got him to go to the VA for a medical evaluation, he has PTSD and depression and has been put on meds. We have filed an appeal with unemployment. Is there anyway that this new diagnosis can be used in helping him to get unemployment until his disability comes through.

Thank you

 

[rpgamber]

It is probably going to depend on your state laws. Minnesota is really good about taking medical diagnosis into consideration, but I know some other states push it under the rug. My uncle was in Vietnam, he had a flashback at work in Missouri and got fired. They denied him unemployment.
I hope it all works out for your friend.

 

[catjudo]

I don't really know the specific rules/laws involved. I'm sure it varies by state, as rpgamber said. Also, in our current economy unemployment rules are changing often.

However, just based on gut instinct, this is what I think...

It wouldn't work. When you apply for disability you (and your doctors) are stating that you're unable to work. My understanding is that in order to receive unemployment benefits you have to show that you are actively seeking employment. These two things would seem to be at odds/contradict each other. I'm not sure how you could really get away with honestly claiming both things.

Like I said, I don't know for sure. That's just what I would think with my pretty extensive knowledge of the disability process and my extremely limited knowledge of unemployment guidelines.

 

[violetclouds]

There are those who both work and receive disability payments. My husband is one of those people - in our state you can have disability but also have a limited level of income - thus being both disabled but being able to earn a small income. It is based on the understanding that while a person may be able to do some work it may not be substantial enough to make them self supporting. I think it s awesome because it allows a person to still feel useful and whole. Having said that, I believe in some cases if may be possible to get disability and unemployment - but that is just an opinion based on the earlier information.