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Unemployment Insurance Act

Individuals finding themselves out of work are left wondering what options might be out there for them. The unemployment insurance act was started to financial help those that found themselves out of work at no fault of their own. Each state has its own unemployment insurance laws. Uncertainties of the unemployment insurance law often lead to questions like the ones answered below.

What are unemployment insurance benefits?

Unemployment insurance benefits are payments made to those that are unemployed and meet the guidelines set forth by their state. These payments (benefits) are paid out by either the state or other authorized entity. Unemployment benefits are considered taxable and should be included in a taxpayer’s gross income, according to the IRS.

In order to be eligible or deemed a person that is unemployed an individual must be:
• Unemployed through no fault of their own (generally relates to layoffs)
• Must meet state requirements for wages earned or time worked

There are five main reasons why someone would not be eligible to receive unemployment benefits.
• Not being able to work or available to work
• Quit your position on your own without good cause
• Fired due to misconduct
• Refused suitable work
• Unemployment resulting from a labor dispute

I am currently employed full time but also collecting Social Security Benefits. If the company I work for gets sold and I am let go, can I collect unemployment insurance benefits?

You may be able to collect unemployment insurance benefits if you meet the qualifications and definition of a person who is unemployed in your state. Your social security benefits (retirement benefits) won’t be impacted by the unemployment benefits. However, unemployment benefits could be reduced as a result of your social security benefits. The social security web site describes it as such:

Unemployment insurance benefits are not counted under the Social Security annual earnings test and therefore do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Railroad Retirement benefits.

Can I collect Social Security Disability and Unemployment Insurance Benefits at the same time?

Technically it is possible that can collect both SS disability and UI benefits at the same time but it may cause one or both programs to re-evaluate your situation and perhaps warrant an investigation. Which could result in both your benefits ending, possibility of paying back the payments, and in some cases being prosecuted for fraud.

In essence drawing both social security disability and unemployment insurance benefits is a contradiction. You are telling social security disability that you have an inability to work (something that disables you from performing work full time) at the same time you are telling unemployment insurance that you are able and willing to work full time. (This is a question that is asked/answered every week when filing a claim with unemployment, which must be yes.)

Most people stop claiming unemployment insurance benefits when they believe that a “disability”, that would allow them to get social security disability, has been established.

I am currently 72 years old and collecting social security retirement benefits. Can I also collect unemployment benefits if I get laid off?

You would still be able to apply for unemployment benefits. In most states, if you qualify, your unemployment benefits may take into account your social security benefits and adjust the amount accordingly. Just because you receive social security retirement benefits it does not automatically disqualify you for unemployment insurance benefits and vice versa.

Differentiating between unemployment insurance benefits that are available to you and other benefits that you may be receiving will help in determining what unemployment insurance benefits you may be eligible to receive. Experts can help answer what your state requirements are to be qualified for unemployment insurance benefits or if your current social security benefits conflict with obtaining unemployment insurance benefits. Get the answers fast and affordably by asking an Expert.
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