Can I apply for unemployment benefits?

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Can I apply for unemployment benefits?

I got surgery on my knee.I wasn’t able to work anymore. Before surgery I worked as

a care provider in home support services. Since I am in lot’s of pain, unable to walk and work, I applied for disability insurance. In this time my client found another care provider. After my disability insurance will terminate it and I will not be able to found another job, may I apply for

unemployment insurance?

Asked on August 2, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can apply, but there are two significant pitfalls to qualifying for unemployment.
First, you have to be medically cleared for work: to be eligible for UI, you must "ready, willing and able" to work, and if you are not medically fit to work, you are not able to do so.
Second, you must have earned as wages certain minimum amounts during the past five quarters (you can find the exact rules on the CA department of labor website) and your disability payments may not qualify as wages for this purpose.
You are encouraged to apply--there is no penalty for applying and being turned down, so long as your application is truthful--but be prepared that you may not qualify.


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