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
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.
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:
- Qualifying for unemployment insurance
- Federal State Employment Insurance
- Application for unemployment insurance
- Eligibility for unemployment insurance
- Unemployment insurance and disability
- About unemployment insurance
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?
Posted: Fri Mar 12, 2010 07:45 pm Post Subject:
I am receiving unemployment and now I am pregnant at high risk....should I apply for disability or stay on unemployment? I filed in california.
Posted: Mon Mar 15, 2010 07:18 pm Post Subject: Can I be laid off while collecting CA State Disability?
I received a Laid off notice effective 04/01/2010; I am scheduled for surgery 04/15/10 and my Dr. is putting me off work effective 03/29/10 and I will be applying for disability. Question: If I am on disability, can I still be laid off in California on 04/01/10 or is it when I return to work, my laid off status would take affect?
Posted: Wed Mar 17, 2010 02:18 pm Post Subject: Unemployment Benefits
Can a person, who has filed for and is receieving Unemployment Comp, file to beging receiving SS retirement benefits in addition to these as they have reached eligible age for SS? :?:
Posted: Fri Mar 19, 2010 04:41 pm Post Subject: Unemployment and Disability
I have been receiving unemployment benefits and still am. I now have been approved for disability benefits. I understand that i am not legally allowed to collect both at the same time. My question is this. disability sent me a check that is retroactive back 10 mos.Will i be required to repay unemployment for this retroactive disibility payment?
Posted: Mon Mar 22, 2010 09:11 pm Post Subject:
Hello. I have MS. I started a new job and was then taken off by my Doctor only 6 weeks into the job. Therefore my company had no legal reason to keep my position and so I was "fired" or "let go". I am feeling better and my doctor will release me to return to work next month but I have no job to return to..... Can I now file for unemployment after being on disability for 11 months?
Posted: Wed Mar 24, 2010 07:10 am Post Subject: Unjustly laid off
I all most died from the swine flue in November and was out of work for over two months. I was released to go back to work in the middle of January by my doctor. My Wife and I were having some major problems with our 15 year old son, and is beginning to work things out. Well this week I was blamed of being somewhat unstable; talking a ltttle slower then usual but my thinking was cleaner. I have worked at Agape' Unlimited Treament Center for 9 years, and have put to gether all the treatment curriculum on my own time. I went to see my doctor and got clean bill a health, but yesterday they gave me a suspension letter. We will loss everything, but we are barley keeping up with our mortgage payment and other bills. They are going to even fight against my unemployment. I really thought they cared. Thank you for listening.
Posted: Mon Apr 05, 2010 11:30 am Post Subject: unemployment with doctors restrictions
Recently, I injured my back. I was given permission with restrictions to return to work that consists of no heavy lifting, bending or pushing objects. The company was a temporary agency and the assignment required me to do some lifting and stocking. Can I collect in the state of Georgia?
Posted: Mon Apr 05, 2010 11:29 pm Post Subject: disability employment
Five years ago, I was assaulted in the hospital by the hospital staff under the direct supervision of two specialists. I was denied redress, because of the FDA preemption. I returned to work and continued to work for two years. I was fired and forced to be labeled "disability". Because I worked for those two and was doing a good job, I'm ineligible for SSDI. The insurance company took my retirement forever. I'm also ineligible for unemployment, food stamps, heat assistance, higher education, etc, etc. Since the time I was fired, I've been working very hard to find employment. I've sent literally thousands of applications to companies that are advertising for help. I get "WE DON'T HIRE THE DISABLED". I fell for the VR and SBA scam to get self employment, then they told me that they had closed my account (after two years of unpaid work for them) and said I didn't have enough income to qualify for any help for them "whatsoever". This depleted what was left of my retirement. This is all blatant violations against the ADA legislation, but I can't find anyone who cares. The labor board says that I have to get a doctor to say that they were lying, that I DON'T have a disability in order to get unemployment benefits. Why would they do this? Is this legal? I know that they can't do that to AIDS patients, how can they do this? I don't have the money to go to doctor after doctor endlessly, when they can (AND DO) harm me more. I'm starving and freezing to death, I HAVE NO WAY TO SURVIVE. Can someone, somewhere help me PLEASE?
I NEED A JOB OR A WAY TO SURVIVE!
Posted: Thu Apr 15, 2010 05:41 am Post Subject: maternity leave
i live in illinois, was wondering if you can you collect unemployment while on maternity leave.
Posted: Wed Apr 21, 2010 10:26 pm Post Subject: unem and disability insurance
If I have been receiving unemployment insurance for a few months and recently had a baby, my doctor is filling out disability papers and I will send them in. If I get granted disability payments, can I pay back unemployment, or advise unemployment first? I did not realize that I was eligible for disability. :?
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