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: Tue Feb 17, 2009 05:57 am Post Subject:

Great infos firey :D hope you can solve my queries too...

If you conceive while receiving the unemployment benefits, don't you automatically become ineligible for the unemployment benefits?

How would you proof that you are eligible for work but isn't receiving the opportunity?

Posted: Tue Feb 17, 2009 11:59 pm Post Subject: Unemployment vs. disability

I understand that unemployment would then not be an option for me at the time of having the baby because I would not be eligible to work-or look for work at that time. I question if unemployment benefits and disability benefits come from the same fund-ie....we pay through working into both disability and unemployment, but once laid off obviously one is not contributing anymore. Would my fund be exhausted for both disability and unemployemnt if I used all benefits from unemployment? Would I even be able to collect disability at that time if a doctor allowed me to be off for lets say 6 weeks because all funds have been exhausted through collecting unemployment?

Posted: Wed Mar 04, 2009 12:06 am Post Subject: unemployment payments and short-term disability

hi guys my wife and i are looking for some answers and are hoping someone can help us. last week my pregnant wife got written off from work by her doctor for one month to get her through the first trimester of pregnancy bc she has a ongoing problem with depression and anxiety attacks, she was told by her doctor that she might be put off for longer pending a re evaluation. in the mean time her place of employment told her that they are letting her go bc she is going to be off. she has short term disability for up to 6 months. my question is say she is written off for the whole 6 months, is she eligible to collect unemployment once her doctor gives her a release stating that she can start work again? we live and work in pa if that helps with anything.

Posted: Wed Mar 04, 2009 02:10 am Post Subject: unemployment payments and short-term disability

Hi bdprulz, it has always been my understanding in order to collect unemployment benefits you have to be able and willing to work. If your wifes doctor has written her to be off work then she is not able to work and would not qualify for unemployment. You should call you state unemployment office but I am betting this is what you will hear.

Posted: Wed Mar 04, 2009 02:12 am Post Subject: are you eligible for unemployment if you are pregnant

OOps hit the enter button too soon. Once you wifes doc allows her to return to work she will need to supply a slip releasing her to work to the unemployment office. After this is turned in and she has no employment she will then be able to collect her benefits.

Posted: Tue Mar 10, 2009 01:58 am Post Subject: Going from unemployment to disability

If while collecting unemployment due to a lay off, in the state of California,and I become disabled,will I be able to get off unemployment and start collecting disability for my injury that happened at home if my doctor says i will be available/ unable to work for say 1 month or so.

Posted: Tue Mar 10, 2009 09:01 am Post Subject: are you eligible for unemployment if you are pregnant

Yes, you'd need to get it written by a health care provider that you're not being able to work under the present circumstances. Please go through the following link too-
http://www.ampminsure.org/manage/about2073.html

Roddick

Posted: Thu Apr 23, 2009 05:27 pm Post Subject: wife pregnant and collecting unemplyment benefits...

Wife pregnant and collecting unemployment benefits and has been looking for work all this time but now that she's getting close for the baby to arrive she has complications due to diabetes therefore her doc is going to allow her to be in temporary disability. The question is how do we go about switching from collecting unemployment to disability benefits and once the doc release her from disability and she still can't find a job go back to collecting unemployment benefits again? how do we do that? we tried going to our local unemployment office here in NJ but the moment that the lady at the help desk show her she told her that she needs to be in disability right away and she was only 6months then. Can anybody help us with this one?

Posted: Fri Apr 24, 2009 05:50 am Post Subject: are you eligible for unemployment if you are pregnant

Hi Jersey, your wife might not qualify for the disability benefits since she is already receiving the UI, that is because the disability policy offers income protection and an unemployed can't file loss of income. But I'd still suggest you to check with the NJ unemployment department.

Posted: Sun Jun 21, 2009 08:02 pm Post Subject: Can I collect unemployment?

I was in a car accident, collected disability from July 2008-May 2009. I can't go back to my usual type of work, but I can work. I applied for unemployment and was told that unless I had a doctors note allowing me to return to work thay would not approve me. I discussed "trying" to go back to work part-time in Oct 2008, but my employer told me that unless I came back full time , he'd have to let me go. I was never given written authorization to return to work. I live in California, If I appeal, should I be approved for unemployment, I'm broke nad can't find a job!

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