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.

Total Comments: 101

Posted: Mon Jun 22, 2009 04:19 am Post Subject: Unemployment benefits

Hello MUGGYS,

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'm afraid they are right on this point. You need to have your doctor certifying that you're capable of returning to the job market with certain restrictions.

UI benefits would require you to search for employment actively and since you're disabled and receiving disability benefit, you're not seeking employment actively. Just ask your physician for the certificate.

Posted: Mon Jun 22, 2009 10:30 am Post Subject: unemployment payments

Hi MUGGYS..

I can't go back to my usual type of work, but I can work.

Are you partially disabled now? Are you trying for any job that suits your profile now?

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.

What's your doctor's opinion regarding your doing any other job now? Has he not provided you with any medical certificate?

Steven

Posted: Wed Jul 01, 2009 03:14 am Post Subject: unemployed for one month

I was told by my employer today to take July off and call back in August about working again (due to some issues my workplace has had with my job performance for the last 3 months.) I have worked with the company since 1996. I recently asked to go part time (in March). I never signed any paperwork about my temporary leave nor did I recieve any paperwork.

Can I get unemployment for the month? I live in Oregon.

Posted: Wed Jul 01, 2009 10:02 am Post Subject:

Hi Newly Unemployed,

I think your unemployment can be termed as suspension from work and according to the Oregon UI benefit eligibility criteria it seems that suspension from work doesn't qualify for unemployment benefits. I'd suggest you to check with the unemployment benefit department for more information.

However, what are the chances of being called back by the employer in August? And, would you get any form of compensation for the month of July?

Posted: Mon Sep 14, 2009 04:24 am Post Subject:

I was hurt in Jan 14th 2009 had surgery on Feb 11th (Torn rotary cup and rupture bicep in my left arm. I have been on worksmans comp since Jan. Now the doctor has released me to go back to work but not in the same field. I recieved a 2% impairment I'm a pipefitter by trade alot of heavy lifting and raising of the arm and pulling. My PTL has been remove from high to medium. I cannot preform that kind of work. While I'm being retrain for another field through Dars can I recieve umemployment benefits. And who do I use as my last emplyer I was working for construition force when I got hurt but my check was from Harbor america. and since its been 8 months since my injury can I use either for umemployment.
I called construction force and they have no work for me it is sept the 14th and I have nothing what can I do

Posted: Tue Sep 22, 2009 03:24 pm Post Subject:

I have been self employed for 2 years now doing home daycare. I have left several kids lately due to parents loosing their jobs or getting laid off. If I do loose all of my daycare children am I eligible for unemployment until I can get more children or find another job?

Posted: Tue Sep 22, 2009 08:08 pm Post Subject: Time Frame

I was laid off now but my disability doesn't end until November. Should I file for unemployment now or can I wait until november. Disability is so much more than unemployment.

Posted: Tue Oct 20, 2009 07:03 pm Post Subject: unemployment and disability

My disability case is coming up soon ,but i have been collecting unemployment for about 5 months. I been off work for about a year and a half. While I was working I hurt my knee at work instead of giving workmans comp.they called me the next day and told me to come in for lite duty work which i did. The unemploment board grated me unemployment for this reason. My lite duty job was setting and making copies on copy machine and that was it. Will this affect my disability haering?

Posted: Thu Oct 22, 2009 04:03 pm Post Subject: requesting a form

I need a copy of something showing that I know longer am receiving unemploymenmt

Posted: Tue Nov 03, 2009 04:06 pm Post Subject: can you collect unemployment and disability at the same time

my question , to make a long story , a short story i injured my self in feb 09 i was placed on modified light duty, the work ran out , i was theen placed on workers comp. for three months. i returned back to work, i worked for three months , stilll under the doctors care, i was working, i had some good day and some bad days, the w/c doctor did a functional capacity test, he placed resrtiction on me in which i can't do my job as a radiologic technologist so in turn i was relieve from my duites, i would have been without any money, i have 12 weeks of std where i worked
i recently applied for employment, i talked with unemployment benifits department for the stated of missouri, i was told i could collect both std & umployment. my question is.... i went for a second opinion i was told to had the surgery in both of my shoulders , for my torn rotator cuff tears..At present i'm not receiving any worker comp.. if i decide to have the surg. will i be placed back on workers comp? also can you file for medical disability while collecting unemployment benefits? i guess all of the other benefits will have to be dropped