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JackJD3
JackJD3,
Category: California Employment Law
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Hello. on 5.30.12 i submitted a medical leave note from my

Resolved Question:

Hello. on 5.30.12 i submitted a medical leave note from my doctor to my employer, and on 5.31.12 I was laid off. on 6/4/12 I applied online for Unemployment benefits, then realized I probably should have used up all my Disability first, then turned to Unemployment benefits.

Question: Is there a way to cancel the Unemployment benefits right now, get my Disability benefits going, and then when they finish (in about 6 weeks which is what the note was for), then get on Unemployment? I am concerned that there are strict timelines associated with a Layoff Date, and Unemployment Benefits - but this is complicated because I qualify for Disability benefits.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  JackJD3 replied 5 years ago.

JackJD :

Hello, my name is XXXXX XXXXX to answer your question, I need some more information.
On your Unemployment application, did you indicate that you were available and looking for work?

Customer:

yes. t

Customer:

i wanted to file for disability simultaenously

Customer:

and thought they would piggy back

Customer:

because i have 6 weeks of disability.

Customer:

then i wanted the unemployment to kick in.

Customer:

there wasn't an area to explain.

Customer:

i was on their website, and there is a way to correct errors.

Customer:

are you there?

JackJD :

Hi, I'm back, I stepped over to talk with another customer.

Customer:

ok

Customer:

so i have not yet filed for disability

Customer:

just the unempployment

Customer:

but want to know if i can withdraw my unemployment

Customer:

and get disability first

JackJD :

Well, the statement that you are available to work is contradictory to a disability claim.
Yes, I believe that you can withdraw the unemployment claim. The way to do that is to call the number on the website, explain the situation to the agent; he/she can tag your online application, and it will wait.

Customer:

ok

Customer:

i can say that i made a mistake

Customer:

as i was in a rush

Customer:

and wanted to fiel

Customer:

file

Customer:

in a timely manner

Customer:

since i just go laid off

Customer:

question:

Customer:

is there a timeline that one must follow

Customer:

for unemployment benefits

Customer:

after havign been laid off?

JackJD :

Just be upfront ... tell them about the disability claim.
Off the cuff, I don't know if there's a timeline for unemployment benefits, I've never encountered one. You will have to tell them that you went through a period of disability, but if its short term, it shouldn't matter. You can ask the agent at the same phone call.

Customer:

ok

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