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: Tue Oct 05, 2010 03:32 am Post Subject: paying back unemployment benefits

Does one need to repay paid partial unemployment benefits after a workman's compensation claim is approved. I was limited by my employer by the kind of work they wanted to provide because of my medical limitations. However I was physically able to work a full day's schedule doing other things. So, I was allowed to collect partial unemployment benefits. Do I now need to repay those benefits now that I have a settled workman's comp case?

Posted: Wed Oct 06, 2010 10:37 am Post Subject:

Probably not. If you are concerned, just ask the folks at the unemployment office.

Posted: Fri Oct 29, 2010 04:03 pm Post Subject: Collecting when you quit

It says above you may not collect if you "Quit your job on your own without a good reason." What is considered a "good" reason? Someone I know had to quit because she and and husband are moving out of state and the company refused to let her work remotely because they said the position was not a "remote" position. Other people in this position DO work remotely and the company has the technology so that it is possible to work remotely. Would this qualify?

Posted: Sun Oct 31, 2010 05:06 am Post Subject:

Someone I know had to quit because she and and husband are moving out of state

For what reason are they moving out of state? And to what state are they moving?

This does not sound like something that qualifies a person for unemployment benefits.

the company refused to let her work remotely . . . Other people in this position DO work remotely

Other people at the SAME company, or other people in similar positions with other companies? Regardless, a company is not usually forced to allow an employee to dictate whether they remain employed or not.

Posted: Tue Nov 02, 2010 10:21 pm Post Subject: spouse support

I have been paying spousel support through a court order from domestic relations here in Pa. I have been since layed off. Is unemployment compensation subject to spousel support as well?

Posted: Tue Nov 02, 2010 10:21 pm Post Subject: spouse support

I have been paying spousel support through a court order from domestic relations here in Pa. I have been since layed off. Is unemployment compensation subject to spousel support as well?

Posted: Wed Nov 03, 2010 01:01 am Post Subject:

It really doesn't matter from where your "income" derives. Spousal support is money owed under a court order. If you don't have income to sustain the payments, you need to go back to court to try to have the spousal support order revised or stayed until you have sufficient income. Requires all the same legal filings and notices as any family law case.

Posted: Wed Nov 03, 2010 10:02 pm Post Subject: Collecting SDI while unemployed

I was just laid off due to lack of work, and I am also pregnant and expecting to give birth within the next month. Can I receive California disability insurance upon the birth of my child, even though I'm currently unemployed? And after SDI ends and my doctor clears me to return to work, then apply for unemployment?

Posted: Thu Nov 04, 2010 02:47 pm Post Subject:

You may actually be eligible for SDI now, instead of Unemployment Insurance. Both programs are administered by the Employee Development Department (EDD), so visit your local EDD office and let them guide you into filing the appropriate claim. If you've already been off work 7 days or more, your claim will begin ASAP.

Posted: Sat Nov 13, 2010 05:31 pm Post Subject: laid off, now prego, unemplyment benefits?????

I was laid off early this year and started to claim unplmt. Then couple months later, found out I was pregnant. Can i still claim benefits as i always do or do i have to let them know that i am currently prego???Don't understand how all this stuff really works. Thanks!