DI and Unemployment?

b.cella13

New Member
5
From what I understand you have to be employed when applying for DI.

But can you be unemployed?

I'm asking for my friends father. He had a great job but was involved in an auto accident (not at fault) and had to undergo major intrusive spine surgery. He stayed in the hospital for three days and the doctors implied that a dura tear occurred during the operation, and he underwent surgery again in the same place. He lost his job because of being unable to work and his job also let their workers comp policy lapse. Obviously with no income his house foreclosed, his stuff in the house went to storage, and he is living in a motel. He will permanently not able to do any physical labor.

Workers comp lapse? Seriously?
Even if he had workers comp, it ONLY covers on the job losses, right?

Is there anything I can do to help them out? I want to be sure I can help, before I even say anything. This man is going through hell right now because of someone else's mistakes.
 
From what I understand you have to be employed when applying for DI.

But can you be unemployed?

I'm asking for my friends father. He had a great job but was involved in an auto accident (not at fault) and had to undergo major intrusive spine surgery. He stayed in the hospital for three days and the doctors implied that a dura tear occurred during the operation, and he underwent surgery again in the same place. He lost his job because of being unable to work and his job also let their workers comp policy lapse. Obviously with no income his house foreclosed, his stuff in the house went to storage, and he is living in a motel. He will permanently not able to do any physical labor.

Workers comp lapse? Seriously?
Even if he had workers comp, it ONLY covers on the job losses, right?

Is there anything I can do to help them out? I want to be sure I can help, before I even say anything. This man is going through hell right now because of someone else's mistakes.

Not to sound like a smart a$$, but you are inquiring AFTER the fact? Companies look back on the last two years income statements, but not if you are laid up WITH A DISABILITY currently. He would be a great story to tell when you mention it to others.

I would buy him Dragon Speak software for his laptop, direct him to Voc Rehab, and let them retrain him for something. That's the most, and best you can do for him.

Sorry
 
Not to sound like a smart a$$, but you are inquiring AFTER the fact? Companies look back on the last two years income statements, but not if you are laid up WITH A DISABILITY currently. He would be a great story to tell when you mention it to others. I would buy him Dragon Speak software for his laptop, direct him to Voc Rehab, and let them retrain him for something. That's the most, and best you can do for him. Sorry

After the fact of what?
And it's not total disability or anything, he can still work. I'm sure he can be on his feet with a certain amount of rest in between.

Well that's why I checked here first. Thanks.
 
You're kidding right?

Apply for social security disability.

And remember this story the next time someone gets rude with you when asking if they want to protect their income.

Also, you need to negotiate for a good settlement from the insurance company.
 
You can't insure a burning building.

Even if you *could*... there would be so many exclusions for his current condition that it wouldn't make sense to buy the policy.

Use his story to inspire (threaten?) others to apply for disability coverage.
 
I'm sure he could eventually work just not right now. Maybe with a certain amount of rest in between periods of standing and no lifting. I tend to focus more on the FE, but i felt bad when I heard and thought I would ask. But that's why I come here first. Forgot you can't have a conscious in the game. Thanks
 
WTH?

What we did was help you understand how DI works. You've got to be healthy to qualify. You can't get it "after the fact". With his history, he'd have to wait a few years to show that he can be insured.

In this business, you need the heart of a social worker, but you've got to have a little larceny in your heart too. We have to align our interests with the companies that pay us - find good risks and get them insured. Poor risks would always want insurance... but they won't be covered.

Yes, your heart can hurt for him, but there's nothing you can do professionally-speaking to help him.
 
I tend to focus more on the FE, but i felt bad when I heard and thought I would ask. But that's why I come here first. Forgot you can't have a conscious in the game. Thanks

Seriously??

Having a heart has nothing to do with the answer to your question.

What you asked about is the equivalent to a person applying for Life Insurance after they are already dead. Would you try to insure a car after it was wrecked and expect the insurer to pay for a wreck that happened prior to coverage??

You have to get it before you got it... meaning you have to get the coverage before you got the condition.

Having a heart is not the issue. How insurance works is the issue here.


Workers Comp only covers on the job injuries. So unless he was driving as part of his job (not including coming or going to work) then it is a moot point. Although a lapse in WC coverage could be reported to the DOL and the employer would be fined. If a claim at work happened during a lapse then the employer would be liable for any damages.


What he needs to do is apply for SS Disability and Medicaid. It will take a while to get approved and is likely to be denied at first... but he should be able to qualify. There are assistance agencies out there to help with the process.


And imo this business is all about having a heart if done correctly and ethically. We are not doctors, most of the time we cant help people who have already been in a disastrous situation. But what we can do is help the people who have not had that happen yet, and ensure that situation is not financially disastrous. What other profession makes sure that widows/orphans/the sick/the injured/the disabled are taken care of and provided for? But we cant save people who failed to plan properly ahead of time and have already had that bad thing happen... thats just not how life works.
 
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You should first check the personal injury protection on the auto insurance policy and maximize any income replacement benefits there.

Five states have mandatory short term disability: CA, HI, NJ, NY and RI. If he works in one of those state he may be eligible for benefits without a private policy.

Six state allow employees to collect unemployment if they leave voluntarily due to the workers own disability. If he works in AR, IL, ME, MN, TX, or WA he may be able to collect benefits under a "compelling family reason."
 
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