by muhaha » Thu Mar 19, 2009 06:00 pm
My husband was fired from work on February 25 2009 and applied for UI. Because it was not a lay-off, he will have an interview with EDD to determine his eligibility. He was looking for work for 2 weeks and filled out a continuous claim form for UI benefits. However, in November 2008 he was diagnosed with cancer and March 16 2009 he had his surgery (3 weeks after he applied to UI). He plans to claim SDI. What is the best strategy? Should he cancel his UI ( he has not received any benefits yet)? Or can he switch from UI to SDI? He is looking into another round of chemo and a second surgery in probably 3 months. Can he resume his UI after his disability ends and he will be able to look for work? Thank you for your help.
Posted: Fri Mar 20, 2009 10:05 am Post Subject:
Okay, as far I know one doesn't qualify for unemployment insurance if he gets fired. Have you heard anything from the unemployment department yet?
Posted: Fri Mar 20, 2009 10:29 am Post Subject:
Okay, to receive disability insurance impairment needs to be established. Therefore, the state of his health would be an important determinant of his eligibility.
If the patient is responding to the treatment and may return to work with the doctor's permission in near future, he then may not qualify for the SSDI benefits. However, I'd suggest that you contact the social security department for more information.
Posted: Fri Mar 20, 2009 10:54 am Post Subject:
Muhaha, the following dicsussions may also help you in deciding your course of action.
http://www.ampminsure.org/temporary-disability/unemployment.html
http://www.ampminsure.org/disability/std-unemployment.html
~Jeremy
Posted: Fri Mar 20, 2009 04:26 pm Post Subject:
Simon, you are wrong here. Being fired does not disqualify you from receiving UI, if it was not gross misconduct on your part. What if your boss is just mean to you? Would it mean that you are stripped of your rights?
Posted: Fri Mar 20, 2009 04:31 pm Post Subject:
Jeremy Holter: I was not talking about social security disability, I was talking about short-term state disability insurance provided by EDD, California. You can have it for up to 52 weeks and it provides 55% of your past earnings. My husband was paying SDI premiums for 9 years, and with this diagnosis of stage 3 cancer he clearly qualifies for the benefits. My question was: can he start on UI, then have diability benefits, and when they run out resume his UI, until he lands with a job. I was not talking about receiving both benefits at the same time, but in succession.
Posted: Fri Mar 20, 2009 08:07 pm Post Subject:
He can receive unemployment benefits (as long as agree with the circumstances surrounding the termination of employment) and then subsequently be awarded short term disability. However, the short term disability counts as income and will replace the unemployment benefits.
After the short term disability runs out...he will NOT be able to return to unemployment benefits. One of the qualifications of unemployment benefits has to do with the amount worked immediately prior to the awarding of the said benefits. If he goes off of unemployment, he will have to requalify and reapply to go back on...and there is no way that he will be approved.
He will need to find a job before the end of his short term disability.
Posted: Sat Apr 04, 2009 10:49 pm Post Subject: Switching from UI to SSDI
Muhaha...
Did you find any information? I am in the same situation. Thanks!
Posted: Tue Sep 29, 2009 06:10 pm Post Subject: Just received ssi . can i collect unemployment too?
not anything that explains it in detail.
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