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  1. #1
    Join Date
    Sep 2005
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    Default Re: Getting Disability or Unemployment After Being Laid Off from Work

    Quote Quoting sunshine21
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    So,I applied for short term disability....

    The company advised me to apply for unemployment.
    If you are disabled from working, you do not qualify for unemployment. You can continue to apply for disability through your employer's coverage, or through SDI. You can apply for unemployment, but you would indicate on your Continued Claim Form, DE 4581, the weeks when you are disabled from working.
    Quote Quoting sunshine21
    Scenario 2: I can manage expenses from my spouses' income. What if I do not intent to return to workforce ? How do I notify to stop payments for unemployment ?
    If you stop looking for work, you won't be reporting a job search to the EDD on your Continued Claim Form and your benefits will stop.

  2. #2
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Getting Disability or Unemployment After Being Laid Off from Work

    Even though you are now on short term disability, you need to apply immediately for unemployment benefits. This will set up your claim based on the last five quarters of earnings from covered work. Each time the quarters change again, every three months, an earlier quarter will drop off. Wait too long to set up the claim, have too many quarters between you and the last time you worked, and there would be no unemployment claim for you to draw of of, ever, even if things worked out where you were otherwise eligible.

    So file for the unemployment immediately. You will not be able to begin receiving the weekly benefits, it will just set up the claim. Filing now will set you up a claim with the state's system which will remain in place for one year from the date of filing. If at any time during this year you are released by your doctor to return to work, ( since, of course, your old company has no work for you ) you'd be able, at that time, to re-open your already filed unemployment claim and begin making the required work searches for equivalent work and drawing out the claim weekly.

    In order to receive your weekly checks, you would, after each week had passed, file for the week on the Continued Claim Form mentioned above. If you decided you no longer wanted to be able, available and actively seeking work, no longer wanted to receive unemployment insurance, you would stop filing the weekly certifications for benefits and your claim would stop.

    Or if you had drawn out the maximum possible number of 26 weeks, it stops anyway, no matter what you're doing or whether or not you still need it. There are no federal extensions on unemployment at this time, so 26 weeks is the max you could possibly get without returning to work and working out some more quarters of wages and being laid off through no fault of your own again.

    For certain, unemployment is not a disability or a poverty/needs based program. it is available to you ONLY after you have been released by your doctor to work, and to get it you must be in the workforce and seeking other work. It is not for anyone who is disabled and cannot work, regardless of the reason. But in this situation, you do need to file the claim immediately and set it up, just to keep this option open.

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