Starting unemployment, on dialysis and kidney transplant list. Do I qualifies as an exception to be “able to work”?

Q) I am starting unemployment in PA and, being over 55, expect it will take a while. I am also on a transplant list and expect to be called to get a new kidney soon. Since that will keep me from being physically able to work for at least a month, I was wondering if this qualifies as an exception to the “able to work” requirement? I am currently on dialysis and was working full time before being laid off.

A) Whether or not you qualify for unemployment benefits while on dialysis and waiting for a kidney transplant would depend on a variety of factors, including your specific situation and the laws and regulations in your state. In general, to be eligible for unemployment benefits, you must be able and available to work. However, each state has its own specific rules and regulations regarding eligibility, and some states may make exceptions for individuals with certain medical conditions or disabilities.

You should contact your state’s unemployment office for guidance on whether you would be eligible for benefits in your specific situation. They can provide you with information on the eligibility requirements in your state and assist you in filing a claim for benefits if you are eligible. Additionally, you may want to consult with a local employment attorney or advocate who can help you understand your rights and options.

The definition of disability for the exception to the penalty is a very narrow one. The individual must be unable to perform any substantially gainful employment and the disability must be of long-standing or indefinite duration, possibly ending in death. The definition does not say you must be receiving disability payments, and it does not say that you must not be able to perform your “normal” job. Basically, you can’t be able to work at all. https://www.irahelp.com/slottreport/disability-and-exception-10-early-distribution-penalty

You may also look at applying for short term disability while you wait for your kidney transplant – Eligibility Requirements. The worker must have worked a certain length of time before being eligible for benefits, 30 days to six months, depending on the state. Some states have a minimum earnings requirement. There is a one-week waiting period before benefits are payable. …The illness or injury must be non-work related.
Source: https://www.disabilitysecrets.com/resources/disability/filing-for-disability/eligibility-short-term-disability.htm

You could also look at applying for Social Security Disability – To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same. https://www.ssa.gov/planners/disability/dqualify.html

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