The VOLS Unemployed Workers Project (UWP) has helped New Yorkers through the COVID-19 crises with legal assistance related to Unemployment Insurance and Pandemic Unemployment Assistance. To further assist our clients during these difficult times, we have gathered answers to some frequently asked questions below.
General Questions:
Q: The federal government recently passed the CARES Act. How do these changes impact me?
A: The federal government recently created three new programs related to unemployment insurance compensation and COVID-19. See additional information below “How the CARES Act affects unemployment insurance.
Q: I am a freelance or independent contractor, am I eligible for unemployment?
A: The newly passed CARES Act provides unemployment for self-employed and gig-economy workers. You need to apply for regular UI first, if you are denied you should apply for the PUA benefits.
Questions Regarding Eligibility:
Q:If I am not a US citizen, may I still file a claim?
A: If the caller is not a U.S. citizen, they may receive UI if they:
- Were working legally when they lost their job;
- Are legally allowed to take a new job; and
- Meet the other requirements for state-level UI benefits.
Illegal aliens or immigrants working without legal permission cannot get state-level or federal-level UI benefits.
Q: I am a freelance or independent contractor, am I eligible for unemployment?
A: The newly passed CARES Act provides unemployment insurance for self-employed and gig-economy workers – this is Pandemic Unemployment Assistance (PUA). The NYDOL has streamlined the application process, so claimants fill out one questionnaire and are categorized as eligible for Unemployment Insurance, eligible for PUA, or ineligible.
Questions Regarding Benefits:
Q: Does receiving Social Security affect my benefits?
A: The Department of Labor does not reduce unemployment benefits for collecting Social Security. However, the applicant must be able to work and be looking for work with no restrictions when they receive Social Security.
Q: Does receiving workers’ compensation affect my benefits?
A: If the caller receives workers’ compensation, but they are available and physically able to work, they may be eligible for UI benefits. However, this may reduce their weekly unemployment benefit rate. The weekly total of their workers’ compensation and state-level UI benefits cannot be more than their average weekly wage in the base period.
When filing a claim for benefits, the caller must send to the Department of Labor:
- A copy of their electronic file from Workers’ Compensation; and
- A medical statement signed by their physician, stating that they are able to work.
Q: How can I obtain retroactive benefits (backpay) from when my claim was processing?
A: When an applicant applies for UI/PUA, it often takes weeks for the claim to process. During this time, applicants should continue to certify weekly for benefits. Once the applicant is deemed eligible and starts to receive benefits, they will also receive backpay for the weeks certified without pay. This payment often comes after the start of benefits, and is paid out gradually, not in one lump sum.
Questions About Returning to Work:
Q: My job closed because of COVID-19. What if my job asks me to return to work because we are re-opening?
A: An offer to return to your previous place of employment is a bona fide job offer. If a claimant does not accept this offer, it must be indicated in their weekly certification that they’ve rejected an offer of employment. If a claimant is concerned about exposure to COVID-19, it’s important to have a note from their doctor and to ask the former employer for a reasonable accommodation.
Q: What should I do when I return to work?
A: When a claimant returns to work, they no longer qualify for benefits. Claimants who return to work should stop certifying – there is no need to call the DOL.
If you need further assistance, please call the VOLS hotline for Unemployed Workers: 347-521-5720. Or click here to complete our Online Intake Form.
This content has been prepared for general information purposes only. It is not meant to provide legal advice and should not be acted upon without consulting a legal professional. If you have any questions or require additional information regarding this or other matters, please contact VOLS. This may be considered legal advertising pursuant to the rules of professional conduct.