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: Sun Nov 14, 2010 03:05 pm Post Subject:

You can continue to make a claim for unemployment benefits for as long a period of time as you would normally be working, even if pregnant. To be able to collect UI benefits requires that you are ABLE TO WORK and ACTIVELY SEEKING WORK.

If at any point, for example, your doctor says something like, "Anonymous2010, I'm ordering you to stay home and not do anything more strenuous than drink a glass of water once an hour," then you can no longer make a claim for UI. If you were/are in California, at that point you would be able to make a claim for our State Disability Insurance (SDI) benefits.

Under most circumstances, you cannot be disabled and collect unemployment benefits. The rules are a bit different for blind persons.

Posted: Wed Nov 17, 2010 02:34 pm Post Subject: filling for unemployment while on disability

I am a Pa resident. I was put on Short term disability(STD) due to a injury. Then 1 week later i was laid off due to reduction in work force. Should i file for unempoyment now or when i get released. My intention is not to collect anything until its allowed, since i am receiving STD pay. After 8 weeks it reduces down. But i dont want to miss any deadlines by not filling.

Posted: Wed Nov 17, 2010 03:30 pm Post Subject:

As I posted directly above your post:

To be able to collect UI benefits requires that you are ABLE TO WORK and ACTIVELY SEEKING WORK.

If you are disabled, then you are not "able to work", and you should not be "actively seeking work" if you are disabled, therefore you are not eligible for unemployment insurance benefits. When you are no longer disabled, and you are "actively looking for work" you will be eligible to apply for UI benefits.

Posted: Fri Nov 26, 2010 01:52 pm Post Subject: Pennsylvania unemployment and disability

My father in law had to have major surgery last week. He is also about to be laid of from work on December 15th. Bad timing. Will he once able to go back to work collect unemployment?

Posted: Sat Nov 27, 2010 01:56 am Post Subject:

Once released from doctor's care, he may apply for Unemployment Insurance benefits if not working, but actively seeking work. Other factors determine his eligibility and benefit amount.

Posted: Tue Dec 14, 2010 04:36 pm Post Subject:

the doctor has me off work can i recevice unemployment benefits

Posted: Tue Dec 14, 2010 08:28 pm Post Subject:

the doctor has me off work can i recevice unemployment benefits

You probably cannot qualify for "unemployment" because the reason the doctor has you off work is that you are disabled.

To qualify for unemployment, you must be capable of and actively seeking work. I don't think that describes your situation.

Please correct me if I am mistaken.

Posted: Wed Jan 05, 2011 08:33 pm Post Subject: unemployment

can i collect unemployment after being let go after surgery?

Posted: Thu Jan 06, 2011 05:11 am Post Subject:

Jimmy J . . .

If you are able to work following your surgery, then you may be entitled to apply for unemployment insurance benefits. If you are still not cleared by your surgeon to return to work, then the answer is no.

Posted: Tue Jan 18, 2011 05:26 pm Post Subject: Unemployment/disability/unemployment

I lost my 40 hr a week job March 2009 due to the economy, but was still working at my part time job of about 16 hrs a week. I was collecting unemployment based on my 40 hrs. Then in October I had to have an operation due to a car accident, collected disability, and now I am able to go back to work. I was originally told from unemployment just to call to reopen my existing claim when I am released. I still have my PT job, and before I went on disablity my balance for unemployment was somewhere around 11,000.00. I finally got ahold of someone to talk to and was told to reopen online, but online says I have to call because my balance is at zero. Please explain I am totally confused.