by eugene » Thu Jan 01, 2009 05:10 pm
Some of the old discussions on the same topic may help you in understanding your position. Here are the links to those
http://www.ampminsure.org/disability/unemployment-benefits.html
http://www.ampminsure.org/unemployment-benefit.html
http://www.ampminsure.org/disability/unemployment-benefits.html
http://www.ampminsure.org/unemployment-benefit.html
Posted: Tue Sep 07, 2010 01:18 am Post Subject: uemployement
I have been on disability for the last 2 years and was recently dropped from insurance, could i collect. I have worked for 23 years prior to injury.
Posted: Tue Sep 07, 2010 02:46 am Post Subject:
In order to be eligible for unemployment, you have to be ready and willing to work and seeking employment.
Based on the length of your disability you should be eligible for Social Security Disability benefits. They may not be as great as what you were receiving for the past two years, but will provide some source of money. You may also have some difficulty getting approved, but I'd encourage you to remain persistent with them.
Posted: Mon Sep 13, 2010 03:13 pm Post Subject:
You may also have some difficulty getting approved, but I'd encourage you to remain persistent with them.
Statistics from the recent past have indicated that upwards of 80% of all first-time claims for Social Security Disability are denied, and that 90% of all appeals for Social Security Disability are awarded to the beneficiary. Problem is too few denials are appealed.
Posted: Sun Oct 03, 2010 07:25 pm Post Subject: unemployment benefits vs accidental disability pension
Will my firefighter accidental disability pension payment, affect my Iowa unemployment benefit, since I paid into this fund?
Posted: Mon Oct 04, 2010 11:22 am Post Subject:
One needs to understand the difference between DISABILITY and UNEMPLOYMENT.
Disability means an inability to work.
Unemployment means able to work and actively seeking work.
The two concepts are mutually exclusive.
Having said that, as a firefighter, your disability pension may be based on your inability to perform the duties of a firefighter, not your complete inability to work. If that's true, then slightly different rules might apply to your situation. Those rules are known as BENEFIT INTEGRATION
Insurance is not designed or intended to provide a profit. If you are covered by more than one type of insurance for a particular risk, then the amount you are paid by two or more coverages total will not be more than the one that would provide the highest benefit on its own. They will be "integrated".
So let's say your unemployment insurance benefit would pay $500 per week. But your disability pension pays $800 per week. You are not going to collect $1300 per week -- that creates a situation that would encourage you not to work. It's called a "morale hazard". Since you cannot "disclaim" your pension, you would not collect any of the lesser unemployment insurance benefit.
On the other hand, if your unemployment insurance benefit is $500 per week, and your pension benefit is $400 per week, you would still not be paid $900 per week, for the same reason as above. But, because you will always be paid the disability pension, the amount you can be paid by unemployment insurance will be reduced by $400. The total you will be paid by both benefits combined is still $500 -- the maximum you would receive if only entitled to UI.
Unemployment insurance is NOT paid for by employees. It is paid for entirely by employers through their Federal Unemployment Tax Act (FUTA) contributions. If you paid into an Iowa state program, it would most likely be some form of short term disability income benefit. And benefits payable under that program would be integrated in the same manner as described above. You cannot collect the full value of multiple benefits combined.
An attempt to collect multiple benefits -- especially by attempting to conceal one from the others -- could result in severe consequences, which could include fines and restitution, and even spending time in jail or state prison.
Posted: Mon Oct 04, 2010 09:19 pm Post Subject:
Oy! Max, you are posting more information that may be usually correct, but you are posting it as fact and it simply isn't so.
"Disability" does not mean "an inability to work". "Disability" means whatever a particular contract says that it means. It is very possible with most white collar disability policies to be able to work and to be disabled.
When it comes to disability, two coverages won't be integrated unless a contract says that they will be integrated. Ex. I have a $5000/month individual policy. I then take a job with XYZ corp with a $4000/month salary and a disability benefit of 60%. If I become disabled, I can collect $5,000/month from my individual contract + $2400/mont from my group policy.
Posted: Wed Oct 06, 2010 10:40 am Post Subject:
Having said that, as a firefighter, your disability pension may be based on your inability to perform the duties of a firefighter, not your complete inability to work.
I qualified my statement appropriately.
Maybe a dictionary definition would be helpful:
1. the condition of being unable to perform a task or function because of a physical or mental impairment
(about the same as "an inability to work")
I was not defining what constitutes a disability as far as an insurance policy is concerned, but simply trying to distinguishing between being disabled and qualifying for unemployment, which is what the question was about.
To obtain an unemployment benefit, one must be able to work and actively seeking work, and generally, when people post here about being disabled, they cannot work, and want to know if they can collect unemployment at the same time, to which the answer is NO. On that, I'm pretty sure we are in agreement.
Of course, benefit integration must be stated in a contract to apply. I have not seen one that doesn't have the provision. The OP mentions a firefighter's pension, and that could be different and not include a benefit integration clause. But most public pension plans do have something to say about integrating with Social Security, and Social Security sometimes has something to say about integrating with certain other benefit plans.
Posted: Wed Oct 06, 2010 12:11 pm Post Subject:
Dictionary definitions are useless unless one is collecting on a claim from a dictionary.
It doesn't matter if what you post is "generally" correct. If you are posting something that is generally correct say that and not put it as an absolute.
Posted: Mon Oct 11, 2010 08:15 pm Post Subject: UI / TDI
Hi,
I have been on TDI . MY employer just terminated me. They are not covered by FMLA ..they have < 50 employees. I was terminated because they said it "appears" that I am not coming back since they have not heard from my Doctor they have terminated me. My TDI does not run out until December although I may be released and able towork before then. Once I am released can I then apply for UI while I search for employment. AGAING I was NOT terminated for anything that I did.
Posted: Mon Oct 11, 2010 09:06 pm Post Subject:
Unemployment insurance is governed under federal law and administered by the state. You'll have to fit the requirements of UI in order to obtain a benefit. This generally means having worked a certain number of weeks/months in the past 12 months or so. Your benefit would be based on your earnings in that period. So if you have had an extended period with no earnings, you might not be qualified for an UI benefit.
Your state's employment agency will have the definitive answer.
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