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Unemployment Benefits

Can you collect unemployment benefits in New York State if you received a lump sum severance payment that is equal to 10 months of pay?

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2010-11-01 19:30:00
2010-11-01 19:30:00

Yes

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The answer may be qualified if the payment in any way falls under allowance for vacation or something similar, the Related Link below may address the issue. Delay of benefits may occur for a period represented by the amount of severance pay compared to unemployment benefits for the period. Time plays a big part, so check the Link and other portions as it relates to New York.

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You can collect unemployment benefits if you have been receiving a severance as well. You can only collect benefits for a certain period of time.

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If you take a continuous pay severance, unemployment would start when that ends, if you take a lump sum severance from your employer you can stare unemployment benefits a week after your job ends.

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You usually cannot collect unemployment if you are fired or receive severance pay in any way. It depends on the situation and why you are receiving severance pay.

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According to the Related Link below, severance pay will not affect your unemployment benefits.

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Yes, you can collect both severance pay and Unemployment IF the severance pay is not considered an extension of your employment, under the terms of the severance agreement. For more information on the subject, see the Related Link below.

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Yes, you can still collect unemployment benefits after receiving severance pay. These 2 benefits are separate and distinct from the other -- severance pay is the consideration given by the employer after the employee's dismissal or termination from employment either as a reward for the service or in exchange for waiving his right to sue the employer. Some severance packages actually include the benefit of uncontested unemployment benefits.

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You can, but unemployment will deduct the amount from your unemployment benefits

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Yes, you can collect after the severance pay ends. Refer to the Related link below under %65.102 "Application of the deductions - (k). The deductions also only occur from the benefits in the week actually received.

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Some states allow it and some states offset your benefits by the amount of severance pay.

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My wife is over 65....she collects Social Security, and is about to be offered a severance package as her current employer is downsizing. Is she still entitled to collect unemployment benefits, and can she go on medicaire ?

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PA - in 2005, employees could receive both a severance package and collect unemployment compensation benefits. Now an employee would still have the ability to apply for benefits once the severance package is exhausted, but not at the same time. As each state handles severance pay/unemployment differently you need to check with your own state's employment security office for clarification. Some states allow the total severance with no affect on benefits others reduce weekly amounts, etc. Missouri, for example says severance has no affect (see the Related Link below for this example).

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Yes, you can collect both. According to the Missouri Department of Labor and Industrial Relations, neither severance pay nor Social Security benefits reduce your unemployment compensation.

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Yes, as most states allow various forms of income while receiving unemployment benefits, as long as you report all income received also. They will make adjustments, accordingly, and if you don't report this income, it can amount to unemployment fraud.

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Yes, both are available in California.

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In the sample application form in the Related Link below, there is no mention of filling in information regarding severance pay, so apparently you can collect. To be safe, when you file for unemployment, ask the unemployment employee if you can.

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The answer is yes. Under KY law severance is not deductible and you do not have to report it. However, I do know of cases where they were denied for this reason and they had to hire an attorney to fight them in court.

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In my state (not Minn) my colleague and I were layed off at the same time with a one-time severance payment. He got unemployment immediately, I had to wait until my severance pay was finished (the number of week's pay my severance was) before I started my unemployment. So it not only depends on your state, it depends on who does your case. The good news is that we both got the same amount of unemployment $, mine was just delayed.

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No, you can collect once your payments cease. If receiving a lump sum, they will calculate the number of equivalent weeks of pay and you will not be eligible for benefits during that time.

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No you cannot collect social security benefits while collecting unemployment benefits.

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Yes, according to the Related Link below, you can.

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In North Carolina, you can generally only collect unemployment benefits if you are terminated through no fault of your own. If you are fired, most of the time you cannot collect unemployment benefits.

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Yes, but see page 14 in the Related Link below for particulars regarding the reporting of the severance pay.

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Check out the article titled "Wages" in the Related Link below. Severance pay may be considered part of the 'wages' you receive and the timing of when received may be very important either beneficial or not. There is generally a waiting period of 7 days, and then you receive benefits 7 days after approval.

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If you have only been threatened with terminated, you cannot collect unemployment. If you have been fired, you can apply for unemployment benefits and they will determine if you are eligible for benefits.

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Yes, you can collect from them both at the same time, as long as you qualified for each of them.can you collect unemployment and social security


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