Unemployment Insurance benefits when no longer employed

by trudi_lynn » Thu Dec 11, 2008 07:53 pm

Unemployment insurance is designed to provide individuals some financial protection when they become unemployed through no fault of their own. These benefits continue till a specific period of time or until the individual finds a new job. The federal law establishes guidelines for the State unemployment insurance programs that in return provide the unemployment benefits.

Who is eligible for unemployment insurance?

The most important factor that makes you eligible for unemployment benefits is that you should lose your job not due to your own fault. If you lose your job because of your own fault you will be disqualified from unemployment benefits. You may also not receive unemployment benefits if you:
  • Quit your job on your own without a good reason
  • Are self-employed
  • Are involved in labor dispute
  • Are fired from your job as a result of misconduct
  • Resign from your job because of illness
  • Quit your job to get married
  • Quit because you want to attend school

How would you receive unemployment benefits?

Unemployment insurance benefits are usually paid for a maximum of 26 weeks in most of the states. However, if there is a high number of unemployment then additional weeks of benefits may be available. Benefits in many states mean that you can receive compensation that is half of your earnings up to the maximum amount available in each state. These unemployment benefits are, however, subject to Federal income taxes and you must report them to your Federal income tax return.

When should you file for unemployment?

You should file for unemployment benefits if you have been laid off for no fault of yours. The sooner you file the better for you since benefits might take 2-3 weeks to come. To be able to file a claim you will need the following:
  • Details like names, addresses and dates of employment of all your employers in the past 2 years
  • Your Social Security Number
  • Your mailing address with zip code
  • If you are not a US citizen, your Alien Registration Card
  • Telephone number
Some states also have a waiting period after unemployment benefits are claimed. Once you have your claim approved, you can then file weekly by mail or even a phone call.

Can you collect unemployment and disability at the same time?

To claim disability insurance you must be unable to work but willing. To claim unemployment you must not have a job but must be in a health condition suitable for a job as soon as you get one. Since both are in contradiction, you may contact your local attorney to help you in this regards. So, can you file for medical disability while collecting unemployment benefits? The answer would be a little tricky. It largely depends on the kind of work that is defined in the programs. Disability insurance is not directly connected to Employment Security Commission. This might be reason enough for you to file for medical disability while collecting unemployment benefits. However, when you file for unemployment you make an unspoken statement that you are ready and available for work (full time) and are willing to find jobs that suit you. On the other hand when you filed for disability, you state that you are unable to work (at all) due to a disability.

These two conditions have a huge disparity between themselves and hence it might be a problem if the Employment Security Commission finds out that you have filed for disability benefits while on unemployment benefits. You may not know but there can be various ways by which the Commission might get to now of this dual benefit that you are receiving.

If you are caught receiving and accepting both benefits, then you will be required to repay all unemployment / disability benefits because you will not be eligible. You could also be charged with fraud.

Related Readings:

I was recently laid off of work, at the same time my doctor placed me on short term disability. After I receive the OK to go back to work from my doctor, can I apply for unemployment? (State of California). Also can you file for medical disability while collecting unemployment benefits?

Total Comments: 101

Posted: Thu Dec 11, 2008 10:08 pm Post Subject: medical disability and unemployment benefits

If you are thinking "Can you file for medical disability while collecting unemployment benefits?", the first thing that comes to my mind is in order for you to receive unemployment benefits, you must be able and willing to work. If your doctor puts you on short term disability than you will not be able to collect benefits. I ran into this problem last year after an auto accident. By the time I was able to go back to work they had pretty much laid everyone off for the year. I had to provide the unemployment office a paper from my doctor saying I was able to go back to work. Even if you are released on restrictions like weight limitations or hours..you will then be able to collect on benefits because you will there fore be "able and willing to work".So yes as soon as you get that ok get a slip of paper or a release to work form from your family docotr and you can begin to recieve your unemployment benefits. Hope this helped you.

Posted: Fri Dec 12, 2008 08:52 am Post Subject: can you collect unemployment and disability at the same time

Hey Firey, I think I have read somewhere that you're from the state of Pennsylvania and as far I know you can collect under both you disability plan and workman's compensation benefits at the same time. However, according to you its not so. So, can you collect unemployment and disability at the same time? Please do let me know.

I further have heard that if your disability premium has got paid by the employer the unemployment benefit will get reduced by that amount of the disability benefit. Please help, I'm confused :?

Posted: Fri Dec 12, 2008 09:02 am Post Subject: can you collect unemployment and disability at the same time

When I'm not sure of Pennsylvania laws, but you should be allowed to seek unemployment benefits after receiving the work permission from the physician. However, to retain the eligibility you have to ensure your genuine interest of getting employed to the authority, which will be determined every week. Please, check with the nearest unemployment office for more details.

Posted: Fri Dec 12, 2008 09:19 am Post Subject: can you collect unemployment and disability at the same time

Hey Firey, I think I have read somewhere that you're from the state of Pennsylvania and as far I know you can collect under both you disability plan and workman's compensation benefits at the same time. However, according to you its not so. So, can you collect unemployment and disability at the same time? Please do let me know.



Well, in all probability you can't collect under both at the same time. However, once you are back to the work force but can't find a suitable job option for yourself you may qualify for the unemployment benefits. And for the UI benefits…

  • You should remain unemployed for the period of time
  • Should actively be looking for work
  • In a physical state to do jobs
  • Available for jobs
  • Haven't quit the previous employment
  • Got yourself registered with a recruitment firm and is able to produce work search plan upon request
  • Have worked for the minimum weeks in a year and have earned minimum wage during the period of employment.


Anyways, I'm sure that Firey would soon be here to clarify further.

Regards,
Juanita

Posted: Thu Jan 29, 2009 10:47 pm Post Subject: Unemployment benefits

Thanks for the great information! I'm unemployed myself. This is all good to know. I think it's a good idea to have the "willing and able to work" clause. This protects the funds from being eaten up by those who just want to have a hand-out. Thanks again! God bless you.

Posted: Fri Jan 30, 2009 07:28 am Post Subject: unemployment payments and short-term disability

Hi Barbara, You are right that the fund should be available to those who need it the most. And, the law should be enforced to stop it from being misused.

Are you too receiving the UI benefits yourself?

Posted: Fri Jan 30, 2009 07:48 am Post Subject: unemployment payments and short-term disability

Well Juanita, this sounds interesting to me!

Should actively be looking for work


Is it truly necessary to prove it? If so then do I need to attach documents in its support?

Posted: Mon Feb 16, 2009 03:57 am Post Subject: are you eligible for unemployment if you are pregnant

I am unemployed and receiving unemployment. If I were to get pregnant and lets say I do not find work but am actively pursuing work the whole time I am pregnant and then give birth will I be eligible to receive disability benefits if the unemployment benefits have been enhausted? Is it a completely separate claim and benefits start all over again or is the benefits for 52 weeks (example of weeks eligible to receive unemployment benefits) a combined benefit for whatever claim that is filed? Unemployment during pregnancy seems so confusing!

Posted: Mon Feb 16, 2009 11:36 am Post Subject: are you eligible for unemployment if you are pregnant

If I were to get pregnant and lets say I do not find work but am actively pursuing work the whole time I am pregnant and then give birth will I be eligible to receive disability benefits if the unemployment benefits have been enhausted?

I think the only time you can collect Disability, while you're pregnant, is if you are having some sort of complications with your pregnancy...of course, this has to be 'agreeable' with your Doctor.

Posted: Mon Feb 16, 2009 11:04 pm Post Subject: can you collect unemployment and disability at the same time

Hi guys, In PA you can not collect under both disability and unemployment. Now lets look at the guideline of "willing and able to work". If your disabled then you are not able to work.
Now if you are pregnant and have no disability, doc says you can work but there is no work available then you can get the unemployment benefits.
I was in an accident a while back and by the time I could return to work (my doc released me) the job was through for the year. I had to sne din proof that I was able to wirk before they would give me my unemployment benefits.
As far as collecting disabilty for a difficult pregnanacy it would be a long process. By the time you got through it and was approved the baby would be here.

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