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 Jan 18, 2011 06:37 pm Post Subject: resigned my job

I left my job due to overwhelming stress. I was told I did not qualify for unemployment. I have been out of work for over 1 year. Is there anything in place to where I can claim unemployment after being out of work for a length of time even though they declined me?

Posted: Fri Feb 04, 2011 03:06 pm Post Subject: collecting unemployment benefits and pregnant

I have been collecting unemployment and working part time and while looking for fulltime work discovered I am pregnant. When I have to be out of work when I have the baby I assume I can not collect, but can I refile a claim when I can go back to work? Am I eligible for short term disability? I am from MA.

Posted: Thu Feb 10, 2011 04:38 am Post Subject: retired, edd and disabled

I took regular retirement due to RIF from federal service. I was collecting UI benefits until I had surgery for a work related condition. My UI benefits stopped.
Now that my doctor released me with restrictions, Can I re-file my UI claim?

Posted: Mon Mar 14, 2011 10:42 pm Post Subject: unemployment ins and soc sec

I am 66 and receive soc sec. and work approx 100 hrs a month.The company I work for has lost it's contract. Can I get unemployment

Posted: Wed Nov 30, 2011 12:43 pm Post Subject: help

I was terminated for excessive tardiness and absences due to chronic illness I developed over my 10+year career with my former employer. When I filled for unemployment benefits I was given a form to take to my doctor to fill out. I returned the form it stated I should work part time, I was then told that I was ineligible for benefits and they gave me another and told me to have the doctor change it to full time. I feel I am entitled to my benefits the doctors statement only further proves that i was fired sick with doctors excuses .I do not want to seek fulltime work and end up in the same situation I am in now nor do I not want to work all together. I am not sure that the unemployment agency is truly telling me the truth and my employer did not fire other people who were not sick and did not come in. I feel discriminated against. Can you please advise. I was a great employee and at the very least I do not want this in my personnel file, I feel it is unfair. I worked too hard for them to make up a reason to fire me due to downsizing and Medicaid cuts. Thanks, Wendi M. Cooper

Posted: Fri Jan 13, 2012 04:35 am Post Subject: Disability Insurance

Hi...I have been receiving UI, but it has just run out. I have been unable to find a job. I am pregnant and my doctor has now said I must have a C section delivery. I was told I can collect disability insurance for a C section delivery. Is this true? How do I go about filing a claim?

Posted: Fri Jan 13, 2012 05:06 pm Post Subject:

This one is a tight situation. Here is what you can do. First apply for Emergency Unemployment Compensation (EUC). Check if you are eligible for it, use this link: http://www.edd.ca.gov/Disability/DI_Eligibility.htm

That should take care of the funds for a little while longer. EUC can cover up to 53 additional weeks of unemployment. I don’t know which state you are in but as far as California state law is concerned, it seems to me that you are eligible to claim State Disability Insurance (SDI). You can find the details here: http://www.edd.ca.gov/Disability/DI_Eligibility.htm

Which state are you from?

Posted: Sat May 26, 2012 05:20 am Post Subject: One week waiting period-Disability to Unemployment

I applied both Unemployment but was placed on Disability at the same time, so the Unemploy, application was denied. Now I have been released from Disability and want to know if there is a second one week waiting period unpaid for collecting Unemployment.

Posted: Tue Sep 04, 2012 03:43 am Post Subject: disability then unemployment

What if you have been disabled for 26 wks and then employer replaced your position would you be eligible for
State disability

Posted: Wed Sep 12, 2012 04:17 pm Post Subject: pregnancy

I was working in a daycare center full time, i'm pregnant now with complications, my doctors has put me on total bed rest for the rest of my term ( 6 months) an for 3 months following. is there a program that i will qualify for to help pay my bills ? i also have a 2 yr old at home.. i talked to the welfare dept. an they said i would qualify for $ 300.00 a month in benefits. that wont even pay my gas an electric combined... need some help / advise please...