Unemployment Insurance benefits when no longer employed

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PostPosted: Sat Apr 24, 2010 9:43 pm   Post subject:   

I know of no mechanism to "pay back" unemployment insurance benefits, unless ordered to make restitution in a case of fraud.



You will not be eligible to collect both unemployment and state disability insurance at the same time. If your eligibility for UI is exhausted, pregnancy (and post-partum care for your baby) allows you to collect a limited duration of state disability insurance benefits.



File your claim and see what happens.



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PostPosted: Sun Apr 25, 2010 8:10 am   Post subject: ei after disbility  

my disability runs out in august, there are ni jobs and my mployeer terminated me while on disability can i apply for unemployment then if i am ready to go back to work. since i got fired so to speak. i live in california


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PostPosted: Sat May 01, 2010 4:22 am   Post subject:   

Without being too nosy, what is the nature of your disability, and what type of disability insurance benefit are you receiving until August? Is it CA State Disability Insurance (SDI), or a personal short-term disability insurance policy?



If your disability is work-related, and you are receiving benefits under WC, it is unlawful for your employer to terminate you as a result of your disability. Under the CA Labor Code, it may still be an matter of unlawful termination as a result of certain defined disabilities, which would be a cause of action in civil court.



If you are currently receiving benefits under SDI, you probably do not want to apply for simultaneous unemployment insurance benefits. SDI begins with the presumption that you are unable to work, as certified by a physician, and requires periodic recertification by your attending physician that you are unable or only partially able to work. To qualify for unemployment insurance benefits, you must be capable of and actively looking for work. If you are not capable of working at all, then you are not eligible for UI benefits.



As a result, the two programs are nearly mutually exclusive.



If your physician releases you to work on a limited basis, and you begin to work and earn any amount of money, those earnings directly affect and reduce your SDI benefit $ for $. Unemployment insurance benefits = income and have the same effect -- so there is no advantage to applying for UI unless you are ready to terminate your SDI benefit and attempt to go back to work.



If your weekly unemployment insurance benefit would be less than your SDI benefit, and you are not capable of working full-time, then it would be possible to collect both benefits, but the total amount you are eligible to receive would not be more than the SDI benefit by itself (in other words, if your SDI benefit is $700 per week, and your UI benefit would be $600 per week, you cannot collect $1300 per week. You will receive $600 from UI and $100 from SDI, for a total of $700 -- same as the receiving SDI alone). If your UI benefit is greater than your SDI benefit, the SDI will not be paid for any week in which your "income" exceeds the SDI amount.



Now, when your SDI/disability benefit is within two weeks of being exhausted and you are ready to resume looking for work, then it would be prudent to apply for your UI benefit. UI has a one week exclusion period, so the timing of the ending of your SDI benefit would essentially coincide with the commencement of your UI benefit. Both UI and SDI are paid "retroactively" so if there is no overlap in the two benefits, you will not have any duplication of benefits to worry about. Your last week of SDI payment will come for the week prior to your first UI benefit check. (But if for any reason the two benefits are paid for the same week, you'll owe money back to SDI in the amount of your UI benefit, not to exceed the full amount of your SDI benefit for the affected week.)



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PostPosted: Fri Aug 27, 2010 3:29 pm   Post subject: Unemployment benefits after disibility  

Is there a time limit to file for unemployment benefits after being released from disibility in Oklahoma. I have been on disibility for about 19 months


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PostPosted: Sun Aug 29, 2010 3:25 pm   Post subject:   

If you've been on disability for that length of time, you may not be eligible for unemployment benefits since you did not have any "earnings" that qualify in the required period.



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PostPosted: Wed Sep 22, 2010 3:21 pm   Post subject: pregnant and no job  

Is it possible for a pregnant person to recieve unemployment if she is not working at the time, and she does not have no other type of income?


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PostPosted: Thu Sep 23, 2010 3:00 am   Post subject:   

Sorry to have to be the bearer of what may be bad news.



Generally, speaking, you will not be entitled to unemployment for what is really a disability leave of absence. Some states, like California, have a state disability insurance program that workers fund through payroll contributions to provide income for such time off.



The main reason you will not qualify for unemployment is the definition of what it means to be unemployed. You must be able to work and actively looking for work. That usually does not describe a woman in the last few weeks prior to giving birth, nor does it describe a woman in the several weeks following the birth of her child either.



If you have been fired from your employment, you might qualify for a limited benefit, but I doubt it. There may be other "public assistance" programs in your state that can help. But none truly provide "income".



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PostPosted: Mon Sep 27, 2010 9:18 pm   Post subject: disability and unemployment  

i am currently umemployed due to my famiy medical leave running out. i now receive short term disability. can i also receive unemployment as well?


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PostPosted: Tue Sep 28, 2010 3:24 am   Post subject:   

Quote:
i now receive short term disability. can i also receive unemployment as well?




NO! To be disabled means you cannot work (or cannot work full time). To be unemployed means you are able to work and actively seeking work.



Which one applies to your situation?


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PostPosted: Tue Oct 05, 2010 3:32 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?


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PostPosted: Wed Oct 06, 2010 10:37 am   Post subject:   

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



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PostPosted: Fri Oct 29, 2010 4:03 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?


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PostPosted: Sun Oct 31, 2010 5:06 am   Post subject:   

Quote:
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.



Quote:
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.


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PostPosted: 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?


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PostPosted: 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?


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