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: Fri Dec 27, 2013 09:18 am Post Subject: unemployment/disability benefits

Understanding that it could take 3-5 months to start receiving disability benefits (if approved), what would be the problem applying for them 3-5 months before unemployment benefits run out?

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