A Worker`s Guide to Unemployment Insurance In Illinois
Transcription
A Worker`s Guide to Unemployment Insurance In Illinois
A Worker’s Guide to Unemployment Insurance In Illinois 2012 Advancing justice and opportunity This guide is intended to provide general information about filing an unemployment insurance claim in Illinois. If you need more specific advice about your claim, consult an attorney. A list of free attorneys for those who qualify is listed in Appendix E. This guide was updated in May 2012. The law may have changed since that date. Changes in the law may affect your claim. For the most up-to date information, consult an attorney. The Sargent Shriver National Center on Poverty Law provides national leadership in advancing laws and policies that secure justice to improve the lives and opportunities of people living in poverty. Acknowledgements This manual was made possible by the Chicago Foundation for Women; Grand Victoria Foundation; and the Libra Foundation. The Shriver Center would also like to thank Tim Huzeinga of the Legal Assistance Foundation of Metropolitan Chicago (LAF) for his guidance and suggestions on sections of this manual. Any opinions, errors or omissions are solely those of the Shriver Center and do not reflect those of LAF. About the Authors This manual was developed under the direction of Wendy Pollack, Director, Women’s Law and Policy Project. Written by Kathleen Rubenstein, Jessica Palek and Heidy Robertson. A Worker’s Guide to Unemployment Insurance in Illinois, by Sargent Shriver National Center on Poverty Law is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. Sargent Shriver National Center on Poverty Law 50 E. Washington Street, Suite 500, Chicago, Illinois 60602 312.263.3830 Fax: 312.263.3846 www.povertylaw.org CONTENTS PART I - INTRO ................................................................................................................................... 6 HOW TO USE THIS GUIDE ................................................................................................................................... 6 WHAT IS UNEMPLOYMENT INSURANCE? ................................................................................................... 7 How does it work? ..................................................................................................................................................... 7 PART II - ELIGIBILITY ...................................................................................................................... 8 ELIGIBILITY FOR UNEMPLOYMENT INSURANCE ................................................................................... 8 What are the eligibility requirements?..................................................................................................................... 8 What does “insured work” mean? .......................................................................................................................... 8 How do I know if I am “available for work”? ...................................................................................................... 8 How do I show that I am “actively looking for work”? ...................................................................................... 9 What if I am not available to work one day of the week? ................................................................................... 9 What do I do if I was fired from my job? .............................................................................................................. 9 QUITTING YOUR JOB ........................................................................................................................................... 10 If I quit my job, can I still get unemployment insurance?................................................................................. 10 MORE SPECIFIC INFORMATION ON “GOOD CAUSE” ..................................................................... 12 What if I’ve voluntarily quit my job because of safety issues concerned with domestic violence? ....... 12 What if I quit my job because of sexual harassment that occurred at my workplace? ............................ 13 What if I have to quit my job for my own health issue or to care for a sick spouse, child, or parent?. 14 LEAVING EMPLOYMENT BECAUSE YOUR SPOUSE’S LOCATION OF EMPLOYMENT CHANGED ............................................................................................................................................................. 15 What if my spouse was hired at a new job out of town, and I have to quit my job? ............................... 15 What happens if I have to quit my job because my spouse was relocated because of his or her military assignment? ............................................................................................................................................ 16 DISQUALIFICATION.............................................................................................................................................. 16 What does “disqualification” mean? ..................................................................................................................... 16 What happens if I have been disqualified? .......................................................................................................... 17 INTERSTATE AND COMBINED WAGE CLAIMS........................................................................................ 18 MILITARY SERVICE................................................................................................................................................ 19 I just completed my service in the military. Am I qualified for unemployment benefits? ........................... 19 PART III – THE CLAIMS PROCESS ................................................................................................ 20 APPLYING FOR BENEFITS ................................................................................................................................. 20 When should I apply for unemployment benefits? ............................................................................................ 20 Where do I go to apply? ......................................................................................................................................... 20 What information do I need to apply for benefits? ........................................................................................... 21 What happens after I file my claim? ..................................................................................................................... 21 I’VE BEEN APPROVED FOR BENEFITS, NOW WHAT?........................................................................... 22 What am I required to complete in order to receive benefits? ......................................................................... 22 How do I certify for benefits using Tele-Serve? ................................................................................................. 23 What certification questions will they ask me on Tele-Serve? .......................................................................... 23 What is the difference between gross pay and net pay? .................................................................................... 24 PART IV – RECEIVING BENEFITS ................................................................................................ 25 HOW ARE MY UNEMPLOYMENT BENEFITS DETERMINED?............................................................ 25 What if I didn’t make enough during my base period to be eligible for unemployment insurance? ......... 26 DETERMININING YOUR BENEFIT AMOUNT ........................................................................................... 27 How much will I get? .............................................................................................................................................. 27 BENEFIT PAYMENT INFORMATION ............................................................................................................. 28 Are my benefits taxable? ......................................................................................................................................... 28 When and how will I get paid my benefits?......................................................................................................... 28 What if I was paid too much? ................................................................................................................................ 28 What if I was paid too little? .................................................................................................................................. 29 CHILDREN AND NON-WORKING SPOUSES .............................................................................................. 29 What if my spouse is not working? ....................................................................................................................... 29 What if I am in a civil union? ................................................................................................................................. 30 What if I have a dependent child? ......................................................................................................................... 30 How much will I receive for dependent’s allowance?........................................................................................ 30 PART V – WORKING OR GOING TO SCHOOL WHILE RECEIVING BENEFITS .................. 32 PART-TIME WORKERS .......................................................................................................................................... 32 Am I eligible for benefits if I am involuntarily working part-time?................................................................. 32 How much will I receive for “partial benefits”? ................................................................................................. 32 CAN I GO TO SCHOOL AND STILL BE ELIGIBLE FOR BENEFITS? ................................................. 33 What kinds of training are approved by IDES?.................................................................................................. 33 SOCIAL SECURITY AND PENSIONS ............................................................................................................... 34 What if I receive Social Security or pension payments? .................................................................................... 34 RETURNING TO WORK ....................................................................................................................................... 35 Can I get help finding a job? .................................................................................................................................. 35 What should I do when I return to work? ........................................................................................................... 35 PARTI VI – CHALLENGED OR DENIED CLAIMS AND APPEALS ........................................... 37 APPEALS PROCESS ................................................................................................................................................. 38 What are my rights if my claim is denied by the IDES Claims Adjudicator? ................................................ 38 How do I file an initial appeal to the IDES Referee? ........................................................................................ 38 What happens at my appeal hearing? ................................................................................................................... 39 What if the referee decides against me after I’ve appealed?.............................................................................. 40 What happens after I’ve appealed to the Board of Review? ............................................................................. 42 PART VII – UI BENEFITS AFTER 25 WEEKS ............................................................................... 43 How many weeks of unemployment benefits can I receive?............................................................................ 43 What if I’ve exhausted my unemployment insurance and need more help? .................................................. 44 APPENDICES..................................................................................................................................... 45 APPENDIX A: INSURED WORK ........................................................................................................................ 45 APPENDIX B: GLOSSARY OF UNEMPLOYMENT INSURANCE TERMS........................................... 46 APPENDIX C: HELPFUL PHONE NUMBERS AND WEBSITES ............................................................. 48 General Unemployment and Claim Questions:.................................................................................................. 48 To Apply for Unemployment Insurance: ............................................................................................................ 48 To File a Claim or Certify: ..................................................................................................................................... 48 APPENDIX D: IDES OFFICES AND WORKNET CENTERS .................................................................... 49 IDES Offices and WorkNet Center Addresses.................................................................................................. 49 IDES Office Locations and Fax Numbers to send in Appeal Forms ............................................................ 50 APPENDIX E: LEGAL SERVICES....................................................................................................................... 51 APPENDIX F: PROGRAMS TO HELP WITH YOUR BASIC NEEDS ...................................................... 52 Health Care ............................................................................................................................................................... 52 Women, Disabled Individuals and Veterans ....................................................................................................... 53 Childcare ................................................................................................................................................................... 53 Food and Nutrition ................................................................................................................................................. 54 Homeowners ............................................................................................................................................................ 54 Housing ................................................................................................................................................................... 545 Cash Assistance........................................................................................................................................................ 55 APPENDIX G: UI FINDINGS SAMPLE ............................................................................................................ 57 APPENDIX H: WEEKLY BENEFITS AMOUNTS .......................................................................................... 58 APPENDIX I: TELE-SERVE GUIDE.................................................................................................................. 68 PART I - INTRO HOW TO USE THIS GUIDE If you are an Illinois worker who has become unemployed, this guide can provide you with information about collecting unemployment insurance (UI). This guide will answer most questions about your claim for unemployment insurance in Illinois and help you avoid problems, delays, or improper payments. It explains eligibility and the application process, as well as your rights and responsibilities while claiming unemployment insurance benefits. This document will also help you prepare to be an advocate for yourself. The most important thing to remember is that even if you’re not sure if you qualify, you should apply. To be your own best advocate, make sure you keep very good records. This means keeping all documents you get about your unemployment, including any postmarked envelopes, as well as keeping notes on any conversations you have, either with the Illinois Department of Economic Security (IDES) or with your former employer. Make sure that if you submit personal documents, you always keep the original yourself. Keep records of all your job search contacts, even after you’ve found a new job. You can read the whole guide, or use the table of contents to search for answers to your specific questions. You will find additional information at the end of this guide in the Appendices, like helpful phone numbers and addresses and examples of documents, and if you don’t understand some terms used in the text you can look them up in the glossary in Appendix B. At some points in the guide, you’ll find footnotes. These include citations to the Illinois law or regulation that is being explained in the guide. The law is passed by the Illinois legislature and signed by the governor. The regulations are written by the Illinois Department of Economic Security to give any extra necessary details for running the program. The footnotes to the law look like “820 ILCS 405/” because the Unemployment Insurance statute is in section 405 of Chapter 802 of the Illinois Compiled Statutes. If you’d like to read the law itself, go to http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2434&ChapterID=68, which will have the most up-to-date version of the law. The regulations are in the Illinois Administrative Code, in Title 56, and are also available online at http://www.ilga.gov/commission/jcar/admincode/056/056parts.html. A few footnotes are to other handy resources guides. This guide may not address every issue or concern you may encounter. If you need more specific information or advice, you should consult a qualified attorney. For a list of free legal services for those who qualify, see Appendix E. 6 WHAT IS UNEMPLOYMENT INSURANCE? Unemployment insurance is a nationwide program that can help you partially replace your lost wages while you search for new work. Unemployment insurance is federally mandated, but the rules in each state vary. In Illinois, the Illinois Department of Employment Security (IDES) carries out the unemployment insurance program and decides eligibility, issues benefit payments and makes rules. IDES requires you to meet certain eligibility criteria to qualify for unemployment benefits, including you: being able to work, being available to work and actively seeking work. How does it work? IDES collects unemployment insurance taxes from employers in the state who are required to pay these taxes, then returns those dollars to eligible Illinois workers as unemployment insurance benefits. Benefits: The payments you receive once every two weeks are known as your “benefits.” If you are eligible for benefits, you receive them as a matter of right – this means they are not charity, welfare or based on your need. 1 2 Unemployment Insurance guarantees that you have some income while you are looking for a job. If you qualify for regular benefits and your benefit year begins in 2012, you can receive up to a maximum of 25 weeks in a one-year period, unless you qualify for additional federal benefit extensions (See page 43 for more information).1 2 If you qualify for unemployment insurance, you will receive benefits based on insured work (See below). Benefits are paid for calendar weeks of unemployment. A calendar week begins on Sunday and ends on Saturday. Benefits are paid after the end of the week. Weekly benefit amounts and the total amount of benefits for a benefit year depend on the amount of wages for insured work paid to you during a base period (See page 25). 820 ILCS 405/607 820 ILCS 405/403 7 PART II - ELIGIBILITY ELIGIBILITY FOR UNEMPLOYMENT INSURANCE What are the eligibility requirements? Eligibility is determined on a weekly basis, even though you certify bi-weekly, or once every two weeks. To receive payment for a week, you must meet the following conditions:3 1. You were unemployed during that week. 2. You were paid $1,600 or more in wages during your base period for insured work. 3. You were paid at least $440 of your base period wages during each of two quarters during the base period. 4. During the week you were able to work, available to work, and actively looking for work. (See page 8-9). You don’t have to be available to work or actively looking for work every single day. 5. You were registered to work with IDES. o You can register at a local IDES office, or you can register at http://www.illinoisskillsmatch.com/. 6. You filed your claim for the week as scheduled using the Tele-Serve system, online or as otherwise directed by your local IDES office. 7. You served one “waiting week.”4 o A “waiting week” is a qualifying period required by law. Benefits are not paid to you for this week. It is usually the first week for which you file your claim. To get credit for this week, you must meet all requirements listed above and not be subject to “disqualification.” What does “insured work” mean? Insured work is work performed for an employer that is required to make payments to the state under the Illinois Unemployment Insurance Act.5 Most jobs are covered, but a few occupations are exempt. There are some types of work that may NOT be insured in Illinois. There are also other types of work that are insured for some employers but not insured for others. You cannot receive benefits based on wages you received for uninsured work. Look in Appendix A for examples of uninsured work. How do I know if I am “available for work”? According to IDES, you are available to work if NONE of the following apply to you:6 1. The wages, hours, work conditions, location of work or duration of commute you insist on are unreasonable and limit the chances of you getting a job. 2. You are sick and cannot work any day. 3. You are away on vacation. 4. You must stay at home to keep house or care for your family. 820 ILCS 405/500 820 ILCS 405/702 5 820 ILCS 405/236 6 56 ILL. Admin. Code 2865.110 3 4 8 5. You have retired and will not accept a suitable job. 6. After losing your last job, you move to and stay in a community where your chances of getting a job are definitely not as good as those in the community you left. 7. In general, you must be available to work full-time, however there are exceptions. Reasons you could seek only part-time work include something beyond your control like a health problem prevents you from working full-time or the kind of work you are reasonably looking for is only available part-time.7 If you’re looking for full- and part-time jobs, that’s good enough to be “available for work” even if you eventually accept a part-time job. If you tell IDES you are only looking for part-time work and you don’t fall under one of those exceptions, you won’t be eligible for UI. 8. Your main occupation is that of a student in attendance at or on vacation from school. However, you may be eligible for benefits if you are attending an approved training course to help you get a job under certain circumstances. Ask an IDES representative in the local IDES office for more information. (See also page 33). NOTE: Even if you are not sure if you meet the availability for work rules, or any other eligibility criteria, apply anyway. You can still be eligible for UI benefits even if you are not available 1 or more days a week. Your benefit payment for that week will be reduced by 1/5 of your weekly benefit for each day missed. How do I show that I am “actively looking for work”? You need to be conducting a thorough, active, and reasonable search for appropriate work. To show you are actively looking for work you must regularly tell IDES: 1. What you are doing to find work. The quality and number of job contacts you make matters. 2. The kind of work you have been seeking. It needs to be realistic for you, given your skills and abilities, and what work is available. 3. Your chances of being hired. IMPORTANT: Keep a regular record of when and where you applied for work. When you apply for benefits, you will be given a form to keep track of this information. DO NOT throw away your written work search record for any week. You need to keep this work search form in case the agency asks to look at it later. This document must be produced if requested by the agency because a determination that you were actively seeking work during a week being claimed is subject to “reconsideration.” This can happen even if you have already been paid the benefits or even returned to work since then. What if I am not available to work one day of the week? If you are sick or otherwise unable to work one day of the week, your benefit payment for that week will be reduced by 1/5 of your weekly benefit for each day missed. If you are unable to work for five days in a week, you will not receive any benefits for that week. If you become ill for an indefinite period, tell your local IDES office as soon as you are able to work. What do I do if I was fired from my job? If you were fired from your job you may be able to receive unemployment benefits. If you were terminated for "misconduct," you are not able to receive benefits. You are guilty of misconduct 7 56 ILL. Admin. Code 2865.125 9 when you purposely break an employer's fair rule that harms the employer, or if you repeatedly break such a rule after being warned. EXAMPLE: You can be denied unemployment benefits if you consistently arrive late for work and are warned about it, because this is intentional, and it harms the employer. But, if you unintentionally do something wrong or break a rule at work, like accidentally damaging equipment or forgetting a safety rule, you can still receive unemployment insurance benefits. There is no sure way to keep from being terminated, or from having the employer claim that you committed misconduct. In fact, it is common for employers to say they terminated you because of misconduct, in order to avoid paying your benefits. If your former employer claims you were terminated because of misconduct, which would disqualify you from getting UI, IDES will investigate. If you are denied benefits, you’ll have an opportunity to explain why you should be eligible. (See Challenged and Denied Claims on page 36). You can request a copy of your personnel file either while you are an employee, or within a year after you leave a job.8 See the following sample letter. Your employer has 7 days after your written request to give you an opportunity to inspect your file. If you’d like a copy, your employer may ask you to pay the cost of copying. SAMPLE: Here is a sample letter to help you write a request for a copy of your personnel file. Getting a copy of your personnel file will allow you to see your employer’s documented reason for your discharge. Dear [Human Resources officer]: I write to ask for a copy of my complete personnel file. I understand that, pursuant to the Illinois Personnel Records Review Act, I am entitled to a copy within the next seven working days. I will pay copy costs. I will pick up my file on [choose a date after seven days that is convenient].Thank you. Sincerely, [Your name] QUITTING YOUR JOB If I quit my job, can I still get unemployment insurance? Usually, if you choose to leave or quit your job, you can only get unemployment benefits if you left for "good cause." This means that you: 1. Have a very good reason for leaving that is serious enough to make a reasonable person in the same situation leave the job.9 2. Made a reasonable effort to resolve the problem, if possible.10 If you quit your job and have good cause, this means you will not be disqualified from receiving UI benefits. However, you still have to meet all the other eligibility criteria, like being able to work, available for work, and actively seeking work, and have sufficient earnings during your base period. Under the Illinois Personnel Records Review Act 820 ILCS 40/ 820 ILCS 405/601 10 67 ILL. Admin. Code 2840.101 8 9 10 There may be a period of time after you quit your job when you aren’t able to work, so you aren’t eligible for UI. But as soon as you are able to work, available to work, and actively seeking work, you should apply if you quit for one of the “good cause” reasons below. EXAMPLE: You have a serious car accident and quit your job because you can’t work. A few months later, you have recovered and are ready to look for a new job. You should apply for UI as soon as you recover. You can still get unemployment benefits if you leave your job for “good cause,” such as: 1. Your own health problem causes you to be unable to work 2. You need to take care of a sick spouse, child or parent because your employer is not able to accommodate your caregiving needs IMPORTANT: In order to verify that you voluntarily left your job for the above two reasons, you must be able to provide a doctor’s note to IDES. 3. Your employer wants to transfer you to another job under a union contract and it would result in another employee losing his or her job 4. Your or your spouse’s employment changed location and it would be impractical to commute 5. You are concerned about your or your family member’s safety due to domestic violence (See page 12) 6. You are experiencing sexual harassment on the job (See page 13) 7. Your employer changed your working conditions in a way that makes the job unbearable (i.e. stress, physically unable) 8. Your boss breaks a law which affects you (for example: not paying you minimum wage) 9. Your employer makes a big cut in your hours, benefits, or pay rates. What counts as “big” is determined on a case by case basis, and the less your earnings are, the smaller the change has to be to count as “big.” If your wages are cut from $10 an hour down to $8.25, and you still have a lengthy or expensive commute, you could make a very strong argument that this was a big cut. A change of 30% is almost certainly considered to be a big change 10. Your boss changes work shifts, causing child care or transportation problems IMPORTANT: Before quitting, you must make reasonable attempts to resolve the problem with your employer. It is best to keep records of this by bringing a coworker along when you talk to your boss, or sending a letter to your boss that states the problem and asks that the boss find a solution. Your letter should be as specific as possible. It should have the date on it and explain the problem in detail. But there’s no need to go into detail beyond the problem causing you to quit. If possible, have this letter reviewed by an attorney. See the relevant section on “good cause” below. Good Cause does NOT include: 1. Lack of day care (unless caused by your boss in some way, like changing your hours or getting rid of on-site child care) 2. You don't have transportation to work 3. Stress caused by the job, unless the employer made big changes to your work conditions 4. You didn't get a raise or promotion that was promised to you 5. You are not getting along with a co-worker 6. A small decrease in your hours, benefits, or pay rate. Again, what is considered a “small” cut is generally decided on a case by case basis 11 MORE SPECIFIC INFORMATION ON “GOOD CAUSE” What if I’ve voluntarily quit my job because of safety issues concerned with domestic violence? If you’ve quit your job due to domestic violence issues which make you believe that your continued employment would jeopardize your safety or the safety of your spouse, children or parents, you may be eligible for unemployment compensation.11 If domestic violence (or sexual violence) caused a health problem for you or your family that has made you quit your job, you probably have good cause to quit under the “Illness or Caregiving Responsibilities” rule (See page 14). Domestic Violence includes any of these related to you or your spouse, parent, or minor child:12 1. Physical abuse, including sexual abuse, which involves someone knowingly or recklessly using physical force, confinement or restraint against you, or knowingly causing you repeated and unnecessary sleep deprivation, or otherwise reckless conduct which causes you an immediate risk of physical harm 2. Intimidation of a dependent, which means the subjection of a person who is dependent due to age, health or disability to participation in or the witnessing of the above 3. Harassment which causes you emotional distress, including creating a disturbance at or repeatedly telephoning your place of employment or school; repeatedly following you about in a public place or places; repeatedly keeping you under surveillance or peering in your windows; actual or attempted concealing, removal or threat to remove a minor from your care, unless in the case of fleeing domestic violence; or threatening you with physical force, confinement or restraint on one or more occasions 4. Interference with your personal liberty, or someone’s conduct which causes you to act in a way in which you have a right not to act, or which causes you to refrain from acting in a way in which you have the right to act 5. Someone willfully depriving you of your medical care, shelter, accessible shelter or services, food, therapeutic device or other physical assistance, so as to expose you to the risk of physical, mental or emotional harm Examples of domestic violence in which you would qualify for unemployment insurance include, but are not limited to, situations such as the following:13 EXAMPLE: Your ex-boyfriend/girlfriend periodically waits outside your job site and threatens you when you arrive and leave work. Fearing for your safety, you stop coming to work, but inform the employing unit or your boss of your reason for leaving. When applying for unemployment benefits, you provide IDES with a copy of a letter signed by your service provider, indicating that you are receiving domestic violence services. EXAMPLE: You work nights and live with your 17-year-old child. Your child's exboyfriend/ girlfriend has been harassing your child, repeatedly following the child in public and making threatening telephone calls to your child at your home at night. Fearing for the child's safety, you quit your job to be home at night with your child. You inform your 820 ILCS 405/601(6) See 750 ILCS 60/103(3) 1356 ILL Admin. Code 2840.101 11 12 12 employer of your reason for quitting and provide IDES with a copy of the police report regarding the threatening calls. In order to be eligible under these circumstances, you must tell employer your reason for leaving. Keep a record of the conversation. You don’t have to give any proof of the domestic violence (or sexual violence) to your employer, because your employer could be notified through your claim for benefits. However, you MUST provide one of the following types of proof to IDES: 1. An order of protection, civil no contact order, or other document issued by a court; 2. A police report or criminal charges documenting the domestic violence; or 3. A letter verifying domestic violence from a domestic violence shelter worker, counselor, social worker, health care worker, attorney, or member of the clergy. NOTE: In order to verify domestic violence, you must provide “acceptable proof” to IDES, but your confidentiality is protected. By law, IDES is prohibited from disclosing this information unless you explicitly give consent for disclosure. If you DO NOT provide documentation of domestic violence to IDES, you will NOT be eligible for unemployment insurance. Consider the following example:14 EXAMPLE: Your ex-boyfriend/girlfriend periodically waits outside your job site and threatens you when you arrive and leave work. Fearing for your safety, you stop coming to work. You inform your employer of your reason for leaving, but you fail to provide IDES with any of the evidence that is “acceptable proof” of domestic violence. Although you are a victim of domestic violence, you did not provide “evidence” that this has occurred (e.g. police report, letter from case worker at a domestic violence shelter, order of protection, etc.). IDES will not know you have “good cause” to quit and you will be disqualified from UI. KNOW YOUR RIGHTS: If you haven’t quit your job yet, you have rights at work as a survivor of domestic or sexual violence. If you are a victim of domestic or sexual violence including stalking, or you need to help a family or household member who is a victim, and your employer has 15 or more employees, you are entitled to certain workplace protections under another law. The Illinois Victims’ Economic Security and Safety Act (VESSA) requires your employer to let you take time off to deal with the problems you are having because of violence, and requires your employer to help keep you safe at work with reasonable accommodations. You can take time off for things like finding a new place to live, going to a court date, getting treatment for yourself or a family member, or recovering from the violence. This leave is unpaid, when you return you have the right to your previous position or an equivalent position. You can usually take up to 8 or 12 weeks off, and you don’t have to take it all at once; you can take time off as you need it. Also, under VESSA and the Illinois Human Rights Act, your employer cannot discriminate against you because you are a victim or survivor of domestic or sexual violence, or because you are protected by an order of protection. To learn more about VESSA and the Illinois Human Rights Act, and how they can help you, go to www.povertylaw.org/vessamanual. You may be able to receive free legal services for these types of cases. See Appendix E for legal services information. What if I quit my job because of sexual harassment that occurred at my workplace? If you were sexually harassed at your workplace, and you left voluntarily because of the harassment, you may be able to receive unemployment benefits.15 14 15 56 ILL Admin. Code 2840.101(d)(7) 820 ILCS 405/601(B)(4) 13 Sexual harassment includes:16 1. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other behavior or communication which is made a term or condition of your employment; 2. As an employee, your submission to or rejection of such conduct or communication which is the basis for decisions affecting your employment; or 3. When such conduct has the purpose or effect of substantially interfering with your work performance or creates an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate actions to correct the problem. IMPORTANT: You must tell your employer about the sexual harassment before you quit your job. Have some proof that you told your supervisor, or that person’s supervisor. You could choose to bring someone along with you when you talk to your boss, or write a letter and keep a copy. Your employer must know this is the sole reason you are leaving your job. If your boss is your harasser, you do not need to tell them, and if there is no one else to tell (for instance because they are the owner), you do not need to tell anyone at work. Here is an example of a sexual harassment situation where you would qualify for unemployment benefits:17 EXAMPLE: An individual complains to his/her supervisor about persistent sexual advances by a coworker. The supervisor takes no further action believing the individual can take care of himself/herself. The advances continue, and were the sole reason the individual eventually quit his/her job. The individual is not subject to disqualification of benefits because his/her case will fall within “good cause” exception since the employer knew of the harassment and failed to take any action. What if I have to quit my job for my own health issue or to care for a sick spouse, child, or parent? If you’ve left your job voluntarily because you were physically unable to work (for any reason; it does not have to be due to a work-related injury), and you have a note stating this from your doctor, you may be eligible for unemployment benefits. If you quit your job to take care of your spouse, child or parent because of their physical or mental health condition, including health issues that arose as a result of domestic or sexual violence, you may be eligible for unemployment benefits. These reasons are “good cause” that allow you to quit your job without being disqualified from getting UI. However, to receive UI, you must meet all the normal eligibility criteria. For instance you must be available to work, able to work, and actively seeking work and your requirements on a future job must be reasonable. Usually, recipients of UI need to be available to work full-time, unless there is a reason beyond their control that they can’t work full-time. To be eligible, you must have a doctor’s note verifying your illness from a certified, practicing physician. If you are the caretaker of your spouse, child or parent, you will need verification from a practicing physician that states they are unable to care for themselves and they need supervision.18 820 ILCS 405/601(B)(4). 56 Ill. Admin. Code 2840.101(d)(4) 18 820 ILCS 405/601(B)(1) 16 17 14 Below are two examples of this situation where you may qualify for unemployment benefits:19 EXAMPLE: You’re employed as a full time bank teller. Your spouse develops a serious medical condition that requires constant supervision. A friend can watch your spouse each morning. You ask your supervisor if you can work mornings only so that you can be home to watch your spouse during the afternoon. Your employer indicates that they are unable to switch you to part time hours. This constitutes good cause, so if you leave your job voluntarily, you will not be disqualified from getting UI benefits. If you find extra help and are again able to work full time, you will qualify for UI if you meet the other requirements. If you are only willing to look for a part-time position, then IDES will decide if you can only work part time because of a reason beyond your control, and whether there are part time jobs available that you could take. Remember, if you are looking for both full-and parttime jobs, that’s enough to be “actively searching for work” even if you accept a part-time job. EXAMPLE: You work the third shift at your job. Your child becomes ill and needs 24-hour assistance. You are only able to obtain county services to care for your child during the day, but the only option for nighttime care is prohibitively expensive. Your employer indicates that they are unable to move you to the first shift. This is good cause, so you will not be disqualified from receiving UI if you leave work to care for your child. And because you are available to work the day shift full time, and this is not an unreasonable requirement on your future work, you will be eligible if you meet the other UI requirements. LEAVING EMPLOYMENT BECAUSE YOUR SPOUSE’S LOCATION OF EMPLOYMENT CHANGED What if my spouse was hired at a new job out of town, and I have to quit my job? If your spouse’s employment changed to a different location and it is impractical for you to commute to work, you may be eligible for unemployment benefits if you quit your job.20 If it is not impractical, but you just don’t like to commute, you are not eligible for unemployment benefits. Remember you must still meet all other requirements for unemployment benefits. Below are some examples of this distinction:21 EXAMPLE: You live and work in Chicago with your spouse. Your spouse accepts a new job in Los Angeles, CA, and you both agree that you will move to Los Angeles together. You leave your job when it is time to move to Los Angeles. You are not disqualified for unemployment benefits for leaving your job because it would be impractical for you to commute from Los Angeles to your job in Chicago. You would file your unemployment insurance claim in Illinois because that is where your wages were earned, even though you now live in California. You would file your claim online through the IDES website or by phone using Tele-Serve. EXAMPLE: Your drive to work from Lincoln to Bloomington took about 45 minutes. You moved to Decatur when your spouse was transferred to that city. You quit your job to look for work in Decatur, although there is no reason that you could not have continued driving to work in Bloomington as the drive to Bloomington would only have been 15 minutes longer from Decatur. You would NOT qualify for unemployment benefits in this case, because commuting from Decatur to Bloomington would not be impractical. 56 Ill. Admin. Code 2840.101(d)(1) 820 ILCS 405/601(B)(7) 21 56 Ill. Admin. Code 2840.101(d)(8) 19 20 15 EXAMPLE: Your commute to work within the City of Chicago by bicycle took about 45 minutes. You and your spouse move to Skokie, a Chicago suburb, when your spouse is transferred to Buffalo Grove, another Chicago suburb. While your commute time by car would still be about 45 minutes, you refuse to use a car even though one is available to you because you don’t like to drive. You would NOT qualify for unemployment benefits in this case if you quit your job, because commuting would not be impractical. Bicycling is your personal preference. What happens if I have to quit my job because my spouse was relocated because of his or her military assignment? If you have to quit your job because of your spouses’ military reassignment, you may be eligible for unemployment insurance benefits. In order to qualify, you must be relocated to an area where it is too far for you to commute to work.22 DISQUALIFICATION What does “disqualification” mean? Your claim can be denied if you are disqualified for benefits. Disqualification means that even though you met the other eligibility requirements, such as the wage requirements, you are unable to receive benefits because one of the following is true:23 1. You were discharged for misconduct having to do with your work. This is the most common reason employers use to challenge eligibility, but “misconduct” has a specific, narrow definition under the law which may not apply to you (see page 9). 2. You quit your job without good cause. o You have good cause if you quit for one of the following reasons: health, sexual harassment, domestic violence, unsuitable work, you accepted another job, you chose not to exercise bumping privileges, or you needed to move with a spouse and could not commute to your old job (see pages 12-16). 3. You did not, without good cause, apply for or accept a suitable job offered to you.24 A job is NOT suitable if: o The job is open because of a labor dispute; o The wages, hours, or other working conditions are not as good as those of the same job in the same community; o Your safety, health, or morals may be endangered; o You would have to resign from or be prevented from joining a union to get or keep a job; and/or o You would displace another worker under a collective bargaining agreement and cause that person to be laid off. 4. You were discharged because you committed a felony or theft in connection with your work. You may be denied all benefits based on wages paid you up to the date of your discharge. 820 ILCS 405/601(B)(7) 820 ILCS 405/601-614 24 820 ILCS 405/603 22 23 16 5. You are unemployed because you participated in, or had a financial interest in a labor dispute which caused your work to stop at your place of employment. The adjudicator will make a separate finding about whether or not the labor dispute makes you ineligible, and you can separately appeal this finding.25 If you lost your job because a different group of workers were striking, or because of an employer lockout, you should still be entitled to unemployment insurance, even if you choose not to cross the picket line. 6. You are receiving unemployment benefits from another state, for the same week for which you claim Illinois benefits. 7. You received back pay or vacation pay from your former employer. 8. You are receiving workers’ compensation (for the same week in which you claim unemployment benefits) for a temporary or total disability equal to or more than the unemployment insurance benefits you could draw for the week. If the amount is less than the benefits, you may be paid the difference. 9. You have exhausted all the benefits to which you are entitled, and you can’t get more benefits until you have worked enough to establish eligibility all over again. 10. You will be paid or have received a retirement pension or other similar periodic payment (including Social Security) for the week for which you claim benefits in an amount which disqualifies you from receiving UI (see page 34 for more information). 11. Your claim is based on wages that were earned while you worked for an educational institution as a teacher, researcher, or administrator and you are between academic terms or on vacation or a holiday recess and you have reasonable assurance of retuning the following term. 12. You are a professional athlete and you are between sport seasons and there is reasonable assurance you will return to athletic services. 13. You were an undocumented immigrant or were not entitled to work here legally when you earned the wages, so those wages cannot qualify you for UI. If you are a permanent resident or in the US under color of law (like a refugee, asylee, or temporary guest worker) you can qualify for UI.26 (Note that you must be legally authorized to work at the time you are claiming UI, so that you’re “available” for work). What happens if I have been disqualified? If you are disqualified for any reason, you will be denied benefits. If any of the first three disqualifications in the list above apply to you, you will not be eligible for future benefits until you find another job and earn an amount equal to or more than your weekly benefit amount in each of four calendar weeks, and then lose that job for a reason which is considered qualified under the UI law (There are some types of work that cannot be used to re-qualify). 25 26 If your disqualification reason is not one of the first three, then go ahead and apply as soon as the disqualifying reason is no longer the case. For instance, if you weren’t eligible because you were on strike, and then the employer closed the whole business and laid everyone off, then you can apply. 820 ILCS 405/604 56 ILL Admin. Code 2905.1 17 Or if you were a teacher or athlete on a summer break, but then you were laid off over the summer, you can apply. INTERSTATE AND COMBINED WAGE CLAIMS It is possible that you may have earned wages in Illinois but moved out of state before filing an unemployment insurance claim. Because workers sometimes move from one state to another, all states work with each other on claims filed by people who moved to another state, or who would have to travel unreasonable distances to file claims in states where they normally work. If you earned wages in one state, but live in another state, you can file an Interstate Claim. This type of claim allows you to file for UI directly to the state in which you earned wages, which is called the liable state. The liable state is responsible for determining your eligibility and benefits amount, and for paying your benefits. Here’s an example of an interstate claim situation: EXAMPLE: You worked as a store clerk for the last two years in Illinois. When your company downsized, you were laid off. You heard of an enticing job prospect in another state, Arizona, where you also happen to have family, so you decide to move there. When your job prospect doesn’t work out, you decide to file a claim for unemployment insurance. Since your last four out of five calendar quarters of wages were earned in Illinois, you file your claim in Illinois even though you are currently living in Arizona. Illinois (the liable state) determines if you are eligible and how much your benefits will be. Because your former employer paid unemployment insurance taxes into the Illinois Unemployment Trust Fund, Illinois is responsible for paying out benefits to you during your unemployment, even though you do not reside in Illinois any longer. There are two ways to file an interstate claim in Illinois. You can file: 1. Online. Go to http://www.ides.illinois.gov/page.aspx?item=2572. You will first need to register for a username and password with IDES, and then follow the instructions online to file an interstate claim.; OR 2. By phone. If you live outside of Illinois, call 1-800-344-5573 to file using IDES’ telephone response system Tele-Serve. This 800 number is not available to claimants living in Illinois. After you file a claim, you will be mailed a brochure with more information. NOTE: Although phone filing is available, IDES encourages claimants to file via the internet when possible. If you earned wages in more than one state, you can choose to: 1. File a claim in the state which will pay you the highest benefits based solely on your earnings in that state; OR 2. File a Combined Wage Claim. This type of claim means that you are using all of the wages earned from all states during your base period to determine your eligibility for UI and your benefit amount. Ask the person processing your claim for more information. Once you have established your UI claim, you must continue to meet eligibility requirements in order to continue receiving UI benefits, including being able to work, available for work, and searching for work. 18 MILITARY SERVICE I just completed my service in the military. Am I qualified for unemployment benefits? To qualify, you must have been discharged or released from the armed forces under honorable conditions and, if an officer, you must not have resigned for the good of the service.27 To file for an unemployment insurance claim, go to your local IDES office. Bring all of the following items: 1. “Copy Four” of your DD Form 214; 2. Social Security Card; and 3. Record of all civilian employment, if any, during the last two years. 27 Your benefit amount will depend on your military wages, specifically your pay grade at the time of separation from active duty, and any other income you had during your service. 820 ILCS 405/406 19 PART III – THE CLAIMS PROCESS APPLYING FOR BENEFITS When should I apply for unemployment benefits? Whenever you quit, leave or are fired from a job. For almost everyone, it’s best to apply immediately after you leave your job, since benefits are paid from the date you turn in your application. If you left your job because you were temporarily unable to work at all, you won’t be eligible for UI. But if your situation changes and you are able to work again, you may be eligible and you should apply right away. There are some rare instances where waiting to file could make sense. If your income went up and down a lot in the last 18 months, and if it’s very close to the beginning of a new benefit quarter (January 1, April 1, July 1, October 1), you may want to talk to an attorney who is knowledgeable about UI law to carefully figure out if waiting until the next quarter would increase your weekly benefit amount. By applying in that new quarter, you shift your base period forward a quarter as well, which could raise OR LOWER your weekly benefit amount. But remember, even if your benefits would be higher if you wait to apply, it means going without benefits while you wait, and if you find another job soon, then you would have gotten more benefits if you’d started getting benefits right away. That’s why, for most people, filing right away makes the most sense. 1. The possibility of a higher weekly benefit amount should be weighed against the downside of applying later and delaying your benefits. This is especially true if you expect to be working again in the very near future or if you need your UI benefits right away. NOTE: Apply even if you think you might not get unemployment benefits. You should apply no matter what the reason was that you left - even if you got fired, left voluntarily, worked for only a short time or were laid off. Where do I go to apply? There is more than one way to apply for unemployment insurance benefits. You can: 1. Apply by phone using Tele-Serve. Call 800-344-5573. (See also Appendix I) 2. Apply online at www.ides.state.il.us. 3. Apply at any local IDES office throughout the state (See Appendix D for a list of office locations). You should expect to wait in line. NOTE: If your earnings have been very low or inconsistent over the last year and a half, you should apply in person. This is because IDES may not yet have records of your most recent earnings. If you bring your records in to an office with you, you will be more likely to get your benefits calculated correctly the first time. 20 Remember the following to make your application process smoother: 1. Always provide your name, address, and social security number whenever you write to your local IDES staff. 2. Report to your appointment at your assigned time. Appointments are spread out over the week to make sure you receive services with as little delay as possible. What information do I need to apply for benefits? In order to apply, you will need to supply all of the following information to IDES:28 1. Your Social Security number. 2. The names and addresses of past employers for the last 2 years and the dates you started and stopped working for each. 3. Records showing wages earned, including dismissal wages and vacation pay (such as pay stubs, W-2’s). 4. Records of any pension or retirement payments you are receiving, including Social Security. 5. Proof of any odd-job or part-time earnings you have had in the last 18 months. 6. Your spouse’s employment status and Social Security number. 7. Names and birth dates of your children under 18 (including step-children and adopted children), disabled children regardless of age, and any child of whom you have court-ordered custody (copy of court order). IMPORTANT: If, within the past two years, you worked (1) in a state other than Illinois, (2) for a railroad, (3) for the federal government, or (4) if you served in the armed forces, be sure to tell the person processing your claim. What happens after I file my claim? IDES prepares and sends you a statement called a “UI Findings” (also referred to as a “UI Claimant Wage Information Sheet”) (See Appendix G for a sample)29. This will be mailed to you in the next 710 days after you file your initial claim.30 The finding shows: 1. The wages you were paid by each employer in each calendar quarter of your base period (see page 25) for insured work and the total wages paid to you during your base period. 2. The ending date of your benefit year. 3. Your weekly benefit amount (See page 27). 4. Your maximum amount of benefits. 5. The day you must call once every two weeks to certify for benefits. 6. You will be informed that you must actively look for work and must maintain your work search efforts on a form provided by the agency. This document must be produced if requested by IDES. If the finding is correct, keep it. If it is not, report the mistake immediately to IDES. One common reason wages may be missing from your finding is that your base period employer failed to report your wages accurately. You can still prove that you earned these wages and get the benefits you are entitled to. To show proof of wages paid during your base period, you can use W-2 statements, check IDES, “Unemployment Insurance Benefit Handbook.” 820 ILCS 405/701 30 IDES, “I Filed My Claim, What Happens Now?” 28 29 21 stubs, cancelled checks from your bank, etc. If you were paid in cash, you can write a letter to IDES that says how much you earned and sign it to be true. Also provide any other proof you can that shows that you worked at that employer, such as an ID tag, uniform, copy of work schedule, any work email address or access codes. You also have 30 days to appeal the finding if you cannot prove your wages adequately to IDES. See page 38 for more information on the appeals process. You may be required to complete a phone interview before you are approved for unemployment benefits. If this is the case, you will receive a letter in the mail with the date and time of your phone interview. Once you file a claim for unemployment insurance you cannot withdraw the claim, even if a claim with a later effective date would result in a higher weekly benefit amount. IMPORTANT: Some employers fail to report all of their employees’ earnings, even though they are required to do so by law. If your employer does not report all of your earnings, IDES may think you did not receive enough wages to qualify for benefits or you may get less than you are due because your benefit amount is a percentage of your reported wages. If the findings IDES sends you are wrong, appeal the findings. I’VE BEEN APPROVED FOR BENEFITS, NOW WHAT? Now that you have been approved for benefits, you must serve an unpaid “waiting week,” even though you are otherwise eligible for payment. Then you are responsible to certify your benefits biweekly (once every two weeks) on your assigned call day by answering a list of questions to ensure your eligibility.31 What am I required to complete in order to receive benefits? You must “certify” your benefits bi-weekly, or once every two weeks. There are two ways to certify for benefits. You can certify: 1. By telephone using “Tele-Serve”, a touch tone telephone response system. (See more information below); OR 2. Online by going to http://www.ides.illinois.gov, clicking on “unemployment insurance” and then “certify online”. You will need to register for a username and password. Make sure to save your username and password because you will need it each time you certify online. Everyone must certify by phone or online unless you request to certify by mail. IDES only allows you to certify by mail in special circumstances.32 You can certify by mail only if: 1. You speak neither English nor Spanish, 2. You are hearing impaired, OR 3. You have no reasonable access to a phone. 31 32 IDES, “I Filed My Claim, What Happens Now?” 56 ILL. Admin. Code 2720,112(c) 22 You cannot receive benefits for the week until you have certified for that week by telephone, online or by mail (in special circumstances), as directed, and have met all the eligibility requirements during that week. If you do not certify, you do not receive benefits. You should receive a benefit payment by direct deposit or debit card 3 days after you certify on your assigned day. Each payment will be two weeks of benefits. How do I certify for benefits using Tele-Serve? When you file your claim for unemployment insurance, you should receive a booklet in the mail that explains how to use Tele-Serve. You can also look at Appendix I for the IDES Tele-Serve Manual. Your UI Findings letter will inform you of your assigned call-in day. You must always call to certify only on your specific call-in day. If you do not receive this information within two weeks from the date you filed your claim, contact your local IDES office. The first time you call, you will create a personal identification number (PIN). SAVE YOUR PIN. You will need it every time you call. To certify using Tele-Serve, you need all of the following information: 1. 2. 3. 4. Your Social Security number and PIN. Any gross wages you earned or holiday pay received during the certification period. Your latest “Statement of Certification,” if applicable. Paper and pencil to record information during your call. NOTE: Tele-Serve also is a way to get answers to your questions about certification and your benefits. It also allows you to re-open your claim in some cases. It tells you the status of your current claim and tells you the date that your last benefit payment was processed. Tele-Serve also gives you general information about IDES services and the location of IDES offices. Finally, Tele-Serve allows you to request information on the total amount of benefits that IDES paid to you in the past calendar year and prior calendar years. Tele-Serve Phone Number: 1-888-337-7234 Monday through Friday 5:00am to 9:00pm TDD/TTY 1-800-662-3943 Monday through Friday 8:30am to 5:00pm What certification questions will they ask me on Tele-Serve? Below is a list of questions that will be asked when you certify every two weeks using either TeleServe or online.33 Your answers to the questions will determine your eligibility for benefits. You may be asked additional questions depending on the program from which you are receiving benefits. IMPORTANT: You should review and prepare your answers before you certify to ensure quick, accurate certification. Make sure you write down how you respond to these questions and save a copy in case there are questions later. 33 IDES, “Certify for Unemployment Benefits by Phone: Tele-Serve.” P. 7 23 1. Have you received or will you receive holiday pay during the period of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? Tip: Make sure you have your holiday pay amount available. • If yes, enter the holiday pay (before deductions) for each week. 2. Did you work during the period of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? Tip: Have your earnings before taxes and other deductions available. • If yes, enter the total amount of earnings (before deductions) for each week. 3. Has your dependency status changed during this certification period? 4. Were you able and available to work each day during your normal work week? • If no, enter the number of days you were unavailable for work in each of the weeks. 5. Did you actively look for work for the week of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? 6. Are you receiving or have you applied for Social Security benefits? 7. Other than Social Security, are you receiving or have you applied for a retirement or disability pension? • If yes, has the amount changed? 8. Did you attend school or receive training? • If yes, did you attend all scheduled training courses? • If no, enter the number of days that you did not attend class. NOTE: This question is intended for only those enrolled in an IDES-approved training program. It is possible that you are enrolled in school without IDES approval and still available for full-time work. Your benefits may be stopped if IDES thinks you are in approved training and missed class when you are not. Be sure to clarify with IDES right away if this question confused you or you believe you answered incorrectly. 9. Do you have a current workers’ compensation claim or do you expect to receive workers’ compensation for a temporary disability? 10. Has your phone number changed? • If yes, enter your new ten-digit telephone number. 11. Has your mailing address changed? What is the difference between gross pay and net pay? Gross pay is the total amount you were paid before taxes and deductions were taken out of your pay. IDES will always ask for your gross pay. Net pay is the amount you’ve been paid after taxes and deductions have been taken out. 24 PART IV – RECEIVING BENEFITS HOW ARE MY UNEMPLOYMENT BENEFITS DETERMINED? Your weekly benefit amount and the total amount of benefits that can be paid to you during your benefit year depend on the amount of wages for insured work paid to you during your base period. This is a very complicated calculation. Your local IDES staff can provide you with a table to confirm the calculation of your benefits (See Appendix H). The base period is a period of time. The traditional base period is the first four out of the last five completed calendar quarters immediately before the start of your “benefit year.” There is a lag quarter where they do not use your earnings. This means that when your benefits are calculated, they do not use wages in the calendar quarter in which you filed your claim, or the quarter just before that. A calendar quarter is a period of three months. There are four quarters in a year: January – March; April – June; July – September; October – December. Your “benefit year” is the full twelve-month period that begins on the day you filed your initial claim for benefits. If Your Benefits Started: Your Traditional Base Period Will Be: This January, February, or March Last year between Jan. 1 and Sept. 30 and the year before between Oct. 1 and Dec. 31 Last year between Jan. 1 and Dec. 31 Last year between April 1 and Dec. 31 and this year between Jan. 1 and March 31 Last year between July 1 and Dec. 31 and this year between Jan. 1 and June 30 This April, May, or June This July, August, or September This October, November, or December To be eligible for benefits, you must have been paid at least a total of $1600 during the base period. You must have been paid at least $440 in each of two quarters during the base period. It doesn’t matter how many weeks you worked or how much you earned per hour. You must have received wages in at least 2 quarters during your base period.34 EXAMPLE (and see chart on next page): If the earning amounts in the following chart were yours, you would qualify for benefits. Remember, to be monetarily eligible for benefits, you must have earned at least $1600 during your base period. You earned $3,420.75 total during the traditional base period. Also, you must have earned at least $440 in at least two quarters during the base period. You earned more than $440 in Quarters 1 and 3, so you would be monetarily eligible using the traditional base period. Your two highest earning quarters during the traditional base period are Quarter 1, where you earned $1,673.75, and Quarter 3, where you earned $1,545.00. These are the wages your benefits will be calculated from. It does not matter that you had no earnings in Quarter 2, or that your earnings were less than $440 in Quarter 4. 34 820 ILCS 405/500(E) 25 January February March Base Period 1st Quarter $1,673.75 April May June Base Period 2nd Quarter $0 July August September Base Period 3rd Quarter $1,545.00 October November December Base Period 4th Quarter $202.00 January February March This quarter is not counted (“lag quarter”) April May June Claim Filed What if I didn’t make enough during my base period to be eligible for unemployment insurance? If you do not have enough earnings in the traditional base period, but you have more earnings in the “lag quarter” (the quarter between the date when you’re applying for benefits and the end of the traditional base period), then you may be eligible using an “alternate base period.” You may not have enough earnings in the traditional base period because you were a part-time worker, new to the workforce or you had a long break in employment. The alternate base period allows you to become eligible for benefits if you made enough wages during the four quarters immediately before the start of your benefit year, which is when you filed your claim.35 To be eligible for benefits using the alternate base period, you must have been paid at least $1600 during the alternate base period. You must have been paid at least $440 in each of two quarters during the base period. Both of these requirements are just like the traditional base period, it’s just they apply to a later time period. IMPORTANT: To be screened for eligibility under the alternate base period, you should apply at your local office. The computers IDES uses, which have your wage information in them, may not have a record of your most recent earnings which may help you qualify under the alternate base period. But if you apply in the local office, you can bring your most recent paystubs with you, or any other evidence you have of your more recent earnings. That way, if you don’t have enough earnings under the regular base period, they can check if you qualify using the alternative base period. If you apply online and don’t have enough earnings in the traditional base period, you will receive a finding that you are not eligible for benefits because the IDES computer doesn’t have a record of your more recent earnings which will help you qualify under the alternate base period. Then you’d have to appeal or re-apply in person, which may slow down your benefits. ALTERNATE BASE PERIOD EXAMPLE (and see chart on next page): The following chart shows how you might not qualify for unemployment benefits using the traditional base period, but might using the alternative base period. In the example below, you filed your initial unemployment claim on April 15th, 2012 and you began your job on July 13th, 2011. Therefore, you only had two quarters with countable earnings in the traditional base period (July-September and OctoberDecember 2011). Even though you did earn over $1,600 in that time, you only had one quarter with at least $440 in earnings in your traditional base period. However, if you use the alternative base period, you have over $1600 in earnings and you have the required two quarters with at least $440 in earnings (because you earned the $1545 in July-September 2011 and $990 in January-March 2012). Under the alternate base period, you qualify for unemployment benefits. 35 820 ILCS 405/237(C) 26 Traditional Base Period Alternative Base Period January February March 2011 April May June 2011 July August September 2011 October November December 2011 $0 This quarter is not counted $0 $1,545.00 $202.00 January February March 2012 This quarter is not counted (“lag quarter”) $0 $1,545.00 $202.00 $990.00 April May June 2012 Claim Filed DETERMININING YOUR BENEFIT AMOUNT How much will I get? The amount of benefits you will receive depends on how much you were paid during your base period. Specifically, your benefit is based on the amount you were paid during the two quarters of your base period when you were paid the most. 1. However, no matter how much you made during those two quarters, there is a law that caps the amount you are able to receive.36 See Appendix H for IDES Weekly Benefit Amounts. Based on the law in 2012: o The maximum amount of benefits you can receive is $403.00 per week. o If you have a dependent spouse you can receive up to $480.00 per week. o If you have a child or children you can receive up to $549.00 per week. o The minimum amount you can receive is $51.00 per week without dependents. The weekly benefit amount is usually 47% of your average weekly wage. The average weekly wage is calculated by dividing the wages paid during the two highest quarters of the base period.37 The maximum weekly benefit amount is 47% of the statewide average weekly wage. The statewide average weekly wage is calculated each year. The minimum weekly benefit amount is $51; the maximum benefit is $403 (without dependents). EXAMPLE: Highest quarter of earnings Second highest quarter of earnings Total Total divided by 26 Prior average weekly wage (rounded to the nearest dollar) 47% of prior average weekly wage Weekly Benefit Rate (rounded up) =$1,673.75 =$1,545.00 =$3,218.75 =$123.80 =$124.00 =$58.28 =$59.00 If you have an outstanding child support obligation, this amount may be deducted from your benefits.38 You will receive notice in the mail and an opportunity to appeal. IDES, “Table of Weekly Benefit Amounts” (2011). 820 ILCS 405/401 38 56 ILL Admin. Code 2815.105-125 36 37 27 BENEFIT PAYMENT INFORMATION Are my benefits taxable? YES. You are required to report and pay state and federal taxes on the benefits you receive. You can have IDES withhold a portion of your benefits by completing the “Tax Withholding Form” available at IDES offices or online at www.ides.illinois.gov. NOTE: If you do not elect to have federal and/or State of Illinois income taxes deducted and withheld from your unemployment insurance benefit payments, you may be required to make estimated tax payments using IRS Form 1040ES and the Illinois Department of Revenue Form IL 1040ES. When and how will I get paid my benefits? You have to serve a mandatory one week waiting period. According to IDES, it takes approximately three weeks from the date of your claim to receive your payment. You will receive your payment either by direct deposit or debit card. 1. Direct deposit: This way is faster and more reliable. The benefit is deposited into your bank account within 2 business days after you certify for benefits. If you do not sign up for direct deposit you will receive a debit card. NOTE: For more information, and to sign up for direct deposit, go to www.ides.illinois.gov and click on “payment options.” 2. Debit card: The card is mailed to you, and the benefit payment will be downloaded onto the card approximately 2-3 business days after you certify for benefits. The card can be used anywhere the Visa card is accepted. o If you lose your debit card, call 1-800-627-2069. o You can manage your card online without any fees, and use it to make purchases without fees, but there are some fees for making withdrawals, etc. Learn more by going online to: www.ides.illinois.gov/page.aspx?item=1781. What if I was paid too much? If you are overpaid in benefits, you will have to repay IDES the amount over the overpayment.39 The amount will appear on a form you will receive called the Notice of Reconsidered Determination and Recoupment Decision (Form 275D).40 If you disagree about the overpayment, you can appeal the overpayment decision within 30 days after the form was mailed to you. If you disagree with the decision to recoup the funds, you can ask the claims adjudicator to reconsider his or her decision for up to a year.41 820 ILCS 405/900 IDES, “Benefit Overpayment Information” 41 56 ILL Admin. Code 2835.25 39 40 28 If the overpayment is because of reasons other than fraud (your knowingly giving false or misleading information) and you are still entitled to get benefits, the amount recovered from your benefits cannot be more than 25% of your weekly unemployment insurance benefit amount. However, you are responsible for the entire amount you were overpaid.42 The state may recoup the overpayment by deducting the amount owed from your income tax refunds or any lottery winnings you receive. If the overpayment is a result of fraud, the state may recoup the overpayment by offsetting federal payments, such as federal Earned Income Tax Credit (EITC) refunds or other refundable credit payments. If the overpayment is not your fault, you can also request that the amount not be taken out immediately. You need to show extreme financial hardship to get a temporary waiver.43 You are still responsible for the amount of benefits overpaid to you. One way to avoid an overpayment is to be sure to notify IDES right away when you begin working again, even part time. Do not wait until your first paycheck to report your earnings, since IDES won’t know that you are working and will continue to pay you benefits, which you will have to repay. What if I was paid too little? If you received less than what your Findings Report states, and you have not worked and were available to work every day of your work week, then you should report this immediately to your IDES office. If you have worked recently, your weekly benefit will be reduced depending on how much you’ve earned. See page 32 on partial benefits and part time work. CHILDREN AND NON-WORKING SPOUSES What if my spouse is not working? Your spouse can apply on his or her own if he or she meets the requirements for unemployment insurance; OR You may be eligible for a dependent’s allowance if: 1. Your spouse does not have enough wages of their own to qualify for benefits (for instance if he or she never worked, or hasn’t worked much in the last year), AND 2. You provided more than one-half of your spouse’s support for the 90 days prior to the first day of each week that you file a claim for benefits. What if I was unable to provide support because of illness or injury? If you were married for at least 90 consecutive days prior to the first day of any week for which you file a claim for benefits but were prevented by illness or injury from supporting your spouse, you are considered to have supported her or him. What if my marriage took place less than 90 days before the first day of the benefit week? You may still claim your spouse as a dependent if he/she does not have enough wages to qualify for benefits and you provided more than one-half of their support since the marriage. 4256 43 ILL Admin. Code 2835.15 There are specific requirements for a waiver request in the regulations 56 ILL Admin. Code 2835.30, .45 and .50. 29 What if I am in a civil union? Members of a civil union are considered spouses for all Illinois law. What if I have a dependent child? For IDES purposes, you can claim a child as a dependent if all of the following apply: 1. No one else can have claimed this child on a UI application and gotten the dependent allowance for that child during the past year. (It does not matter if someone else claimed the child as a dependent for tax purposes. For instance, you and your spouse may have jointly filed taxes that claimed your child as a dependent. That’s fine as long as your spouse hasn’t also gotten the dependent allowance in UI benefits for the child in the last year.); 2. The child is not a member of the same family of the other parent who has claimed another child as a dependent; 3. The child is under 18 years of age, or, if 18 or older the child has been unable to work because of illness or other disability during at least the 90 consecutive days prior to the first day of any week for which you file a claim for benefits; 4. The child is your natural child, your stepchild, or your adopted child, or the child is in your custody by court order; AND 5. You provided more than one-half of the support for the child for at least the 90 consecutive days prior to the first day of any week for which you file a claim for benefits, o OR, you provided more than one-half support for as long as the relationship has existed, if it has existed for less than 90 days; o OR, you provided at least one-quarter of the support if you and your spouse together provided more than one-half of the support and were members of the same household. You CANNOT currently claim both your spouse and your dependent child or children as dependents, because of IDES’ narrow interpretation of state law. What if I was unable to support my children or child because of illness or injury? If you 1) provided at least one-quarter of the support of your child or children for at least the 90 consecutive days prior to the first day of any week for which you file a claim for benefits; or 2) were legally obligated to support your child or children by court order for the 90-day period; but were unable to provide that support because of illness or injury, you are considered to have supported them.44 How much will I receive for dependent’s allowance? Children: Your child dependent allowance will be the greater of: 1. 17% of your prior average weekly wage (rounded up);45 OR 2. The lesser of $50 or 50% of your weekly benefit amount (rounded up).46 o So long as the total payment to an individual is less than $552, which is 47% plus the dependent child rate of 17%. 820 ILCS 405/401(B)(2) 820 ILCS 405/401(B)(2) 46 820 ILCS 405/401(C) 44 45 30 47 Spouse: If you have a non-working spouse, meeting the conditions above, you can receive the greater of: 9% of your prior average weekly wage (rounded up) or $15.47 o So long as the total payment to an individual does not exceed 56% of the statewide average weekly wage, which means the total payment must be less than $480. You will receive the dependent’s allowance in addition to your weekly benefit amount. There is a maximum amount of dependent allowance you can receive. Most times, the dependent’s allowance for a child is larger than for a spouse. If you have a child or children the maximum amount of benefits you can receive is $549.00 per week. Refer to Appendix H for a table of weekly benefit amounts with spouse and child dependent allowances. Again, you cannot receive both a spouse and dependent child allowance. 805 ILCS 405/401(C)(8) 31 PART V – WORKING OR GOING TO SCHOOL WHILE RECEIVING BENEFITS PART-TIME WORKERS Am I eligible for benefits if I am involuntarily working part-time? If you are working part-time because of a lack of available full-time work or a large cut in your regular hours, you may be eligible for “partial benefits.” To be eligible, your earnings for the week must be less than the weekly benefit amount (not including your dependent’s allowance) you would receive if you were “totally unemployed” for the week. PART TIME EXAMPLE 1: You used to work full-time at a hotel, but since business is down, they are only offering you 12 hours a week. You can work these reduced hours, apply for UI, and can get partial benefits as long as you meet all the other eligibility criteria and your wages still meet the requirements for “partial benefits.” PART TIME EXAMPLE 2: You used to work full-time at a hotel, and were laid off when business is slow. You apply for UI and start receiving benefits. Then you find an 8-hour-a-week job waiting tables. You may continue to receive benefits as long as you keep certifying and your wages at the new job meet the requirements for “partial benefits.” How much will I receive for “partial benefits”? If your earnings are half or less of your weekly benefit amount (not including your dependent’s allowance), you will get your whole normal weekly benefit amount and dependent’s allowance. If your earnings are more than half of your weekly benefit amount, you will get partial benefits. To figure out your partial benefits, you first need to figure out how much of your earnings are above half your weekly benefit amount (not including your dependent’s allowance, which stays the same). Then you’ll take your total weekly benefit (this includes your dependent’s allowance), and subtract that amount you just figured, the amount your earnings exceeded half your weekly benefit amount). If the partial benefit amount does not come to an even dollar, it is raised to the next higher dollar (so long as this is still below the amount you would receive for “total unemployment”). Remember: The full amount of holiday pay will be deducted from your weekly benefit amount. Also, each day you are unavailable to work your benefits are reduced by one fifth. PARTIAL BENEFITS CALCULATION EXAMPLE: First step: Weekly benefit amount (not including a dependence allowance) 50% weekly benefit amount Your earnings Amount that your earnings exceed 50% of your weekly benefit amount 32 = $110 = $55.00 =$76.50 =$21.50 Second step: Your weekly benefit amount with your dependent allowance of $15 Amount that your earnings exceed 50% of your weekly benefit amount Weekly benefit amount with allowance minus amount that exceeds 50% = $125 =$21.50 =$103.50 Partial Benefits Amount (rounded up) =$104.00 CAN I GO TO SCHOOL AND STILL BE ELIGIBLE FOR BENEFITS? If you’d like to go to school or training, but aren’t approved by IDES, you can still go to school as long as you meet the other eligibility requirements for UI, like that you’re available for work and actively looking for work. Your primary role can’t be as a student – you need to mostly be looking for work. If you are not in an approved training program and you report when you certify that you attended training, your UI payment may be stopped while the department determines that you are still eligible for benefits. IDES will likely call you to ask about your training if prompted by your answer on Tele-Serve, and you must explain that the time you are taking classes doesn’t interfere with your job search or work prospects, or that you would quit school if a job became available. If you are enrolled in and attending an IDES approved training course, you are eligible for unemployment benefits as long as you attend all the required training and you meet the usual requirements for UI. Regular attendance at an approved training course may exempt you from the work search requirements if you are applying for regular or extended benefits. This means that you do not need to make an active job search or show that you are available for work while attending training.48 To be considered “in regular attendance” at an approved training course, you must attend every scheduled session of the course and be able to present an attendance report. If you miss any scheduled class session on a particular day, your weekly benefit amount will be reduced for that week.49 FOR EXAMPLE, you are enrolled in an approved training course that is scheduled to meet twice daily Monday through Friday through the end of the course. You miss one of the two daily sessions on Wednesday because you are ill. Therefore, you will have failed to meet the requirement of being “in regular attendance” on Wednesday, and your weekly benefit amount would be reduced by one-fifth for that week. What kinds of training are approved by IDES? Your local IDES office will be able to confirm if you are in an approved training program. 49 Training paid for by the Workforce Investment Act (WIA) is generally approved. Learn more about WIA at http://www.ildceo.net/dceo/Bureaus/Workforce_Development/Job+Seeker/2program+overview.htm. 56 ILL. Admin. Code 2865.140 33 Approved training is determined on a case by case basis. Generally, the following criteria must be met for a training course to be approved: 1. The training course must relate to an occupation or skill where there are expected to be reasonable and immediate job opportunities in the future. This generally means that: The course may not be longer than one year in duration; The course must consist of at least 12 hours per week of instruction that includes contact with the instructor, whether through classroom training, laboratory instruction or tutoring; AND o The course must focus on helping you secure entry level employment in a selected occupation by providing you with essential work skills (see example below). FOR EXAMPLE, classes designed solely to provide you with a high school equivalency diploma or GED would not be approved because a GED does not provide you with the skills necessary to perform work in a specific occupation. However, vocational courses of study that also include some purely academic courses may be approved, so long as the academic coursework is secondary to the vocational aspects. The training course is offered by a credible agency, educational institution or employing unit; You have the ability and qualifications to complete the course successfully; You are not a recipient or eligible for subsistence payments or similar assistance under any public or private retraining program (such as a stipend that pays some of your living expenses while you do the training, unless the stipend is reduced to the allowable amount); AND There are no available work opportunities for which you are qualified for in your locality (see example below). FOR EXAMPLE, if you are a trained and certified nurse’s aide, training that would allow you to become a registered nurse would not be approved if there are reasonable openings for nurse’s aides in your area, even if you are dissatisfied with your present occupation as a nurse’s aide. o o 2. 3. 4. 5. SOCIAL SECURITY AND PENSIONS What if I receive Social Security or pension payments? If you receive Social Security or pension payments, your unemployment insurance benefit will be reduced by 1/2 of your weekly Social Security or retirement pension payment (if paid for in part by your base period or chargeable employer) or all of a retirement pension payment (if the base period or chargeable employer paid all of its cost).50 There have been efforts in the past to change the Social Security rule in Illinois, and some states don’t deduct Social Security from UI benefits at all. SOCIAL SECURITY DEDUCTION EXAMPLE (see calculations on the next page): Let’s say you receive $1,102.34 a month in Social Security, and your weekly unemployment insurance benefit amount is $331.00. You would need to calculate what your monthly Social Security payment is per week, and then divide that in half. Then, you would subtract that amount from your weekly unemployment insurance benefit amount. 50 805 ILCS 405/401(C)(8) 34 Calculating half of your weekly Social Security amount: Monthly Social Security Amount Divided by days in month (/30) Daily Social Security Amount Multiplied by days in a week (x7) Weekly Social Security Amount Half of Weekly Social Security Amount (/2) =$1,102.34 =$36.74 =$257.21 =$128.61 Determining your benefit amount after Social Security deductions: Weekly UI Benefit Amount Minus ½ Weekly Social Security Amount Benefit Amount after Social Security Deductions (rounded up) =$331.00 =$128.61 =$204.00 RETURNING TO WORK Can I get help finding a job? Visit your local WorkNet Center for information about job vacancies, career options, relevant employment trends, and services such as: job search assistance, help with improving interview skills, and referrals to training programs and/or support services. Most services are free to local residents. See Appendix D to locate an office closest to you. You can also visit Illinois WorkNet online at www.illinoisworknet.com. Check out their useful Employment Guide at www.illinoisworknet.com/vos_portal/residents/en/LaidOffWorkerAssistance/Put_IL_to_Work/ for guidance on the job search process. Illinois Skills Match offers a website where employers list their job openings and job seekers can list their profiles and applications. Visit www.illinoisskillsmatch.com to learn more. Visit IDES’ Career Information website for information about changing careers; retraining options, financial aid and providers; finding occupations that require a skill set similar to what you already have; and other helpful links. Go online at http://www.ides.illinois.gov/page.aspx?item=35. What should I do when I return to work? If you find employment (including temporary, seasonal work), you must still call Tele-Serve or go online to certify as you normally would on your designated day. 51 Pay close attention to the question that asks, “DID YOU WORK DURING THE PERIOD OF SUNDAY [week 1 beginning date] THROUGH SATURDAY [week 2 ending date]?” 1. When you answer “YES” to this question and respond with the dollar amounts you earned for the period, the Tele-Serve system will adjust the amount you are paid. If you earned enough wages so that you no longer qualify for benefits, the system will automatically suspend your claim. You will receive a notice in the mail confirming your response of having returned to work. There will be no further action required from you unless and until you need unemployment insurance again.51 IDES Frequently Asked Questions 35 DO NOT wait until you receive your first paycheck to report your earnings. If you wait, you may be paid benefits until IDES knows that you have begun working again (including part time work) and you will have to repay those benefits. If you earned less than your benefit amount, you will still receive benefits but they will be reduced from the full amount. See page 32 for more information. 36 PARTI VI – CHALLENGED OR DENIED CLAIMS AND APPEALS Once you’ve applied for benefits, IDES will investigate your claim to make sure you are eligible. IDES will send your most recent former employers a notice that you’ve applied for UI benefits. At that point, any of your former employers can object to you receiving benefits if they do not think you are eligible.52 1. If no one objects, and IDES finds you eligible, you will receive a letter (UI Findings) that approves you for unemployment benefits. Once you certify and serve your waiting week, you will receive benefits. 2. If your employer challenges your eligibility, you will get a letter explaining the precise factual question relating to your eligibility, and the claims adjudicator will investigate that claim.53 You will be given an opportunity to provide the claims adjudicator with any statements or other evidence to establish your rights to benefits. 3. While waiting to hear from the claims adjudicator, you MUST maintain your eligibility for benefits by certifying and maintaining your work search record. 4. After the IDES claims adjudicator has ruled on your case, they will send you and the objecting employer their determination in writing that states whether you are approved to receive benefits or denied. Both you and the employer have a right to appeal this finding. Page 38 explains the appeals process.You will be paid promptly if the claims adjudicator determines that you are eligible for benefits. 5. If an IDES claims adjudicator approves you for benefits, but your former employer appeals and employer wins the appeal, and you continued to receive benefits during the appeal, action will be taken to recover those benefits. Because you will be asked to repay those benefits, you should participate in the referee’s hearing of the employer’s appeal and present your side of the case. You will be notified of the date and time of the hearing by a letter in the mail. 52 53 An employer may object to your claim because when you receive unemployment benefits, one of your former employers may have to pay higher unemployment insurance taxes. Even an employer who is not found to be “chargeable” for your unemployment benefits (meaning that they are responsible for your benefits, and so may face a higher UI tax rate in the future) can challenge your eligibility if they believe you are disqualified. 56 ILL Adm. Code 2720.130 56 ILL Adm. Code 2720.135 37 APPEALS PROCESS What are my rights if my claim is denied by the IDES Claims Adjudicator? If your claim for unemployment insurance benefits is denied by your local office, you may appeal the denial. You have the right to have a representative – an attorney or any other person you choose – to help you. The state provides limited free legal services to claimants. 1. Representation is your right. You may qualify for free legal assistance provided by Illinois Law. Your local IDES staff can assist you. Call the number below to determine if you qualify. However, you have the right to have a representative of your choice, which can be an attorney or any individual you choose.54 See also Appendix E for more information on legal resources. 2. It is helpful to have an attorney as early in the process as possible, preferably before your hearing. To determine if you qualify for free legal assistance, see the following: If your Social Security number ends in a 0 through 4, call toll-free (800) 884-6591 or TTY (866) 848-5609 or, for out-of-State callers (not toll-free), (847) 991-9240. If your Social Security number ends in a 5 through 9, call toll- free (888) 430-1776 or TTY (not toll-free) (312) 640-1264 or, for out-of-State callers (not toll-free), (312) 640-1776. 3. However, free legal representation is not automatic and depends on the facts of your case- the attorneys must determine that you have a valid claim. Different attorneys may have a different opinion about what a valid claim is, and so you may have to try more than one legal service. 4. Even if you do not qualify for attorney representation, one will speak to you about your case. If you are interested in this service, call 1-800-884-6591. To get services offered by the state, you must call right away after receiving a ruling against you, such as receiving your denial letter. If you’ve filed an appeal and received a letter notifying you of the appeal hearing, you must apply within 3 days before your hearing in order to get legal services.55 How do I file an initial appeal to the IDES Referee? After a finding or determination letter denying your claim, you have 30 days after your denial letter has been mailed to you to file an appeal. Look for the postmarked date on the envelope, not the date on the letter. If the last day for filing your appeal is Saturday or Sunday, or any other day the office is closed, the appeal may be filed on the next day the office is open. If you mail your appeal, it must be postmarked within the 30 day period.56 You can also fax your appeal to your local office. See Appendix D for IDES office fax numbers. IDES, “Appealing to the Board of Review” 56 ILL. Adm. Code 2712.203(b) 56 56 ILL. Adm. Code 2720.10 54 55 38 Complete the Request for Reconsideration of Claims Adjudicator’s Determination form to appeal the denial. You can find this form online at: www.ides.illinois.gov/Custom/Library/publications/Forms/RequestforReconsideration_ifapplicable Appeal_ADJ024F.pdf. You can mail, fax, or deliver this form to your local office. (See Appendix D for office locations and fax numbers). IMPORTANT: Remember to keep all correspondence (including the denial letter or other letters you receive in the mail AND the envelopes, and copies of faxes). It is best to get a folder or box to file everything in and keep it in a single, safe place. It will make the appeal process easier. If the reconsideration is denied, your appeal is automatically sent to the Appeals Division. A hearing will be scheduled for your appeal. Written notice will be sent to you with the date and time of the hearing not later than 10 days before the date of your hearing.57 If you must change the appointment date or time, call the phone number on the notice. In most cases, your former employer is the opposing party in your appeal. Your employer also has a right to bring a lawyer to the appeal hearing. What happens at my appeal hearing? Your appeal will be assigned to an impartial IDES administrative law judge, or referee, for a hearing. You will receive a Notice of Hearing with the date and time of your hearing in the mail. All hearings are scheduled to be conducted by telephone on a conference call. The referee will contact you at the telephone number on the Notice at the time and date of your hearing. If your number has changed or you wish to be called at another number you must call the referee immediately. The Notice will have the referee’s contact information. Notify IDES prior to your hearing if you will need an interpreter. Call the 800 number on your Notice. Make sure that you know your case docket number. This is a 7-digit number on your Notice of Hearing (upper right). NOTE: You can find helpful resources, including a “Preparing for Your Appeal Hearing” brochure, online at: www.ides.illinois.gov, under the Appeals section on the left of the webpage. 57 58 The referee will ask questions to you and your former employer to bring out the facts relating to the case. At the hearing, you can present facts and witnesses in support of your case. You must arrange for your witnesses to come to the hearing, and collect any evidence you want to bring. If you cannot get the witness or evidence yourself, you may ask the referee in writing to subpoena it.58 Written evidence must be provided to the referee and to your former employer at least 24 hours before the hearing. Mail or fax any documents or evidence to your former employer and the IDES Appeals Division. 56 IL Admin Code 2720.205 56 IL Admin Code 2720.225 39 Your former employer will also present their case, and may be represented at the hearing by an attorney. You will have a final opportunity to add any further comments or argument before the end of the hearing. NOTE: Mail or deliver documents and/or evidence to the IDES Appeals Division: Chicago Office: 33 S. State St., 8th Floor Chicago, IL 60603 Springfield Office: 850 E. Madison St. PO Box 19296 Springfield, IL 62794 If you choose to fax any documents and/or evidence, use the fax number printed on your Notice of Hearing you receive in the mail. If you miss the hearing, you can request to reopen the hearing within 10 days. The decision letter will be mailed as soon as possible after the hearing, most likely within 2 weeks. If not, call the Appeals Office at 1-800-821-3550 (Chicago and North of I-80) or 1-800-423-2458 (Springfield and South of I-80). IMPORTANT: You must maintain your eligibility for UI for each week you expect benefits if the denial is reversed. Continue to file your regular claim certifications and keep your work search record while waiting for the hearing and the decision. What if the referee decides against me after I’ve appealed? If the letter of the referee’s decision you receive in the mail tells you that the referee decided against you, you have the right to appeal again. This time you will be appealing the referee’s decision to the IDES Board of Review, an independent 5-person body appointed by the Governor. To appeal the referee’s decision to the Board of Review, you must file a signed and dated statement. You can also use form APL 124F: Notice of Appeal/Board of Review, which you can find online at www.ides.illinois.gov/Custom/Library/publications/Forms/NoticeofAppealBOR_APL124F.pdf. Your appeal must be filed with the Board within 30 days of the postmarked date of the referee’s decision. You should describe the parts of the referee’s decision you disagree with and why. You may file your appeal in person or by mail to the Appeals Division of local unemployment insurance office where your unemployment insurance claim was filed, or directly to the state Board of Review (see the box below). IDES State Board of Review 33 S. State Street, Board of Review, 9th Floor Chicago, IL 60603 The Board of Review generally decides cases without an oral argument, but you can file a request to present an oral argument. You must file a signed request that the Board of Review hear your argument upon filing your appeal. 40 1. If your former employer appealed, you have 7 days after the Notice of Pending Appeal is mailed to file a signed request for an oral document. 2. All requests must contain your docket number. 3. You must include a signed statement certifying that you served a copy of your request for an oral hearing to your former employer and describing how you served the request.59 4. File your request in person or by mail to the Board of Review (see box above) IMPORTANT: Remember to write your case docket number on all written arguments, requests to submit additional evidence, responses and replies that you file. If you wish, you may also file a written argument for the Board of Review to consider when reviewing your case.60 1. If you requested a transcript of the hearing, you have no more than 10 days to file your written argument. That 10 days starts after the date the transcript was mailed to you (according to the postmarked date on the envelope the transcript was mailed in) or 10 days after the date of your appointment to review your file . 2. If you did not request a transcript, you have 15 days after the appeal was filed to the Board of Review to file a written argument with the Board of Review. 3. You must provide your former employer with a copy of your written argument, and the Board of Review needs to know that you sent it. When you file your written argument to the Board of Review, you must include a signed statement on how you delivered (by mail or in person) a copy of your written argument to your former employer. Here’s an example: “I, (your name), do hereby certify that I served a copy of the above written argument upon (name of your former employer) by placing it in a postage paid envelope addressed to (your former employer’s name and mailing address) and depositing it with the U.S. mail at (location of mail deposit) on (date mailed) at (time mailed).” 4. File your written argument by mail or in person to the Board of Review. 5. Your former employer has the opportunity, if they wish, to respond to your written argument within 7 days after they’ve received your written argument. 6. If your former employer responds to your written argument, you can reply to their response within 5 days after you have received their response to your written argument. Your former employer can also submit a written argument. You have the right to respond to your former employer’s written argument, but you must file your written response within 7 days after your former employer mailed or served you with the written argument.61 56 IL Admin Code 2720.310 56 IL Admin Code 2720.315 61 56 IL Admin Code 2720.315 59 60 41 You can submit additional evidence, if the Board of Review approves your request. If approved, the Board of Review will tell you how they want you to submit the evidence. 1. Your request must include: o An explanation of the evidence to be introduced and why, for reasons that were not your fault and were outside of your control, you were unable to introduce the evidence at the referee’s hearing. o You must include a signed written statement (see above) that you served a copy of your request to your former employer and how you served the request. 2. Like above, your former employer may respond to your submission of evidence, and you can reply to their response within the same time frames as above. 3. If you did not request a transcript, you have 15 days after the appeal was filed to file a written request to present additional evidence. 4. If you requested a transcript, you must file your written request to present additional evidence with the Board of Review no later than 10 days after the date of the transcript was mailed to you or 10 days after the appointment to inspect the file in person. What happens after I’ve appealed to the Board of Review? After you file your appeal, no further action is required. You can request a transcript of your hearing with the referee or make an appointment to review documents of record that the Board of Review will use to determine your case. IDES charges 25 cents per page. You may also request an appointment to review or inspect your file in person which will cost you nothing. Call (312) 793-5176 to make your appointment. To file a request for transcripts, you have 15 days after the appeal was filed to submit your request. You must submit your request to the office of the Board of Review in person or by mail at the following address: IDES, Board of Review 33 S. State Street, 9th Floor Chicago, IL 60603 Or by fax at: (312) 793-2373 The Board of Review will mail the decision to you as soon as possible after your appeal—no later than 120 days.62 IMPORTANT: Continue to certify regularly and report to your local IDES office as directed for as long as any appeal is pending and as long as you remain unemployed. If the final decision is in your favor, you can only be paid benefits for the weeks you certified claims and met the eligibility requirements. 62 If you disagree with the Board of Review, you may file a “Complaint for Administrative Review” in Circuit Court. You file this complaint to the Circuit Court of the county in which you live (if you live in Illinois) or in the Circuit Court of Cook County (if you live in another state). You will not be required to pay court costs. You may, however, have to pay for the service of summons and for a transcript of the record. 56 IL Admin Code 2720.340 42 PART VII – UI BENEFITS AFTER 25 WEEKS During periods of abnormally high unemployment, the federal government provides assistance to many recipients who have exhausted the total amount of weeks of state unemployment insurance. The federal unemployment programs are called Emergency Unemployment Compensation (EUC) and Extended Benefits (EB), which allow for additional weeks of benefits funded by the federal government. Right now EUC provides Illinois workers with 53 weeks of benefits after the state benefits are exhausted. Up until May 2012, EB then provided another 20 weeks after EUC was exhausted, however now Illinois no longer currently has any weeks of EB. Future congressional actions and our state unemployment rate may affect the amount of weeks and benefits available, and the current law includes complicated tiers of benefits which may change in duration if the Illinois unemployment rate changes. Your weekly benefit amount for federal benefits is the same as your regular weekly benefit amount provided by the state. When federal benefits are available, IDES will notify you in writing of the requirements to receive benefits under such a program. Federal benefits can have different requirements, including the way you look for work, how you document your work search, and interview requirements. How many weeks of unemployment benefits can I receive? If your benefit year started in 2011, you will receive up to 26 weeks of regular benefits. If you file an unemployment insurance claim in 2012 or later, the state will only provide for 25 weeks of benefits. An additional 53 weeks of benefits are currently available for many workers through the federal EUC program. Over the course of 2012, the number of weeks of benefits is likely to decrease in Illinois. The extension of EB and EUC that Congress passed in February 2012 is quite complicated, and how many weeks of benefits workers in a state will receive will depend on the state unemployment rate, the state’s rate over the last three years, and the calendar month of 2012. To learn more about these factors, visit the Q&A on http://unemployedworkers.org.63 It is difficult to predict exactly how many weeks any individual will receive, but the best guess is that Illinois workers will be eligible for a total of at least 72 weeks of benefits, up through the first week of January, 2013. In order for federal benefits (those after 25 weeks) to continue in Illinois in 2013, Congress would have to pass another extension. When your regular state benefits of 25 weeks are exhausted, you will be notified in writing by IDES of your eligibility for the federal EUC program. The notification will include where to apply and the timeframe in which you should apply, if you are eligible. 63UnemployedWorkers.org, “The 2012 Unemployment Insurance Extension: A Detailed Q&A” 43 1. To be eligible, you must have been employed for 20 weeks of full-time insured employment or must have earned the equivalent in wages. This federal requirement means that not all workers eligible for regular state benefits are eligible for the EUC.64 2. The weekly dollar amount of EUC will be the same amount as your 25 weeks of regular benefits; this includes dependents’ allowances. Just as for regular benefits, certification for EUC payments will take place at the end of the weeks for which the benefits are claimed. What if I’ve exhausted my unemployment insurance and need more help? To date, there are no additional weeks of unemployment compensation available for those who have received the maximum weeks of UI. Many Illinois state agencies and community groups deliver services to unemployed Illinois workers once benefits run out. See Appendix F to find services for basic needs such as food, clothing, health care, and shelter. Pollack, Wendy. “President Signs Emergency Unemployment Compensation Act into Law: Benefits Available to Illinois Workers as of July 6, 2008.” WomanView, Vol. 12(1). 64 44 APPENDICES APPENDIX A: INSURED WORK Here are some examples of work that is NOT insured:65 1. Agricultural work: Only workers who worked for an employer that paid at least $20,000 in cash wages to their employees during a calendar quarter or employed 10 or more individuals within each week of 20 or more calendar weeks within either the current or preceding calendar year. 2. Domestic work: Only workers who worked for an employer that paid at least $1,000 in cash wages for any domestic services during a calendar quarter in either the current or preceding calendar year are entitled to UI. 3. Railroad Work: Any work covered by the Railroad Unemployment Insurance Act is not insured under the State of Illinois Unemployment Insurance. 4. Family Employment: Certain types are not insured, such as working for a spouse, a parent working for a son or daughter or a son or daughter under 18 years old working for a parent. 5. Work as an Insurance Agent or Solicitor: This type of work, when paid solely on a commission basis, is not covered. 6. Government Work: In special situations, such as those hired to work for a short period of time following a disaster or for elected officials, may not be covered. 7. Federal, state, or locally funded work-relief/training: These types of work are not covered. 8. Direct Sellers of Consumer Products: Work performed on a buy-sell basis, by direct commission, or any similar basis in a home or establishment other than a permanent retail establishment is not covered. There are some other types of work that are not insured under the Illinois program but may be insured under another state, or the federal government. Your local IDES office will have more information on this. 65 820 ILCS 405/214-232.2 45 APPENDIX B: GLOSSARY OF UNEMPLOYMENT INSURANCE TERMS Alternate base period: Uses the last four completed quarters of work to determine your unemployment benefit eligibility. Some individuals are entitled to have their benefits calculated off this period, rather than the standard base period, if they have insufficient earnings to qualify for benefits using the normal base period, or if they received workers compensation for a temporary total disability during the normal base period. Benefit year: When you file a claim, you begin a benefit period of one year from the effective date of your claim. Benefits: The amount of an unemployment insurance payment to a claimant. Calendar quarter: A period of 3 consecutive calendar months ending with the last day of March, June, September and December. Calendar week: Begins on Sunday and ends on the following Saturday. Certify or certification: The bi-weekly (once every two weeks) process in which you request payment of your unemployment benefits. Certification day: The day of the week you are required to submit your request payment of unemployment benefits. This is done once every two weeks, or bi-weekly. Claimant: Any person seeking unemployment insurance benefits. Contested claim: When a previous employer challenges your unemployment benefit claim. If this happens, you will be able to appeal. Denied claim: IDES turns down your claim for unemployment benefits. You may appeal your claim if you’ve been denied. Dependent’s allowance: Provides an allowance up to a certain amount, in addition to your weekly benefits, if you have dependent children and/or a non-working spouse. Disqualification: You are prevented from receiving benefits. Common reasons for being disqualified are a claimant's quitting without good cause, being terminated for misconduct, refusing to accept suitable work, or knowingly giving false information to obtain or increase a benefit. Effective date: The initial date you filed your claim. This is also when your benefit year begins. Emergency Unemployment Compensation (EUC): EUC is a federal unemployment program which provides benefits to individuals who have exhausted their regular state benefits. If eligible, you would receive and exhaust EUC benefits before you become eligible for EB benefits. Extended Benefits (EB): EB are additional weeks of unemployment benefits paid during periods of high unemployment as provided by the U.S. Congress, and have in the past been funded either by state and federal funding, or by federal funding alone. Good cause: When you have a serious reason for leaving or quitting your job (e.g., illness, sexual harassment on the job, safety issues concerned with domestic violence, relocation of a spouse’s employment location). 46 Holiday pay: payments you receive after you’re done working for an employer for any paid vacation or personal time that you did not use while you were an employee. Illinois Department of Employment Security (IDES): The state department that oversees and carries out the unemployment insurance program. Insured work: Work performed for an employer that is required by law to make payments to the state under the Illinois Unemployment Insurance Act. Some types of work may not be insured in Illinois, while some types of work are insured for some employers but not insured for others. Liable state: The liable state determines eligibility and benefit amounts and is responsible for paying the claimant’s benefits in interstate claims, and is often referred to as the “paying state.” Overpayment of benefits: If you receive benefits over the amount to which you are entitled (which may be zero), you have to repay those benefits. Partial benefits: If the claimant's gross earnings during a week are less than the claimant's weekly benefit amount, the claimant may be entitled to “partial benefits." Partial benefits are usually paid when the claimant's number of hours worked per week is reduced and the claimant is working all available hours. Part-time work: Working less than full time. Pay, earnings, income, or wages: IDES will always ask for your gross pay, which is the total amount you were paid before taxes and deductions were taken out of your pay, not net pay, which is how much you take home after deductions. Regular benefits or regular state benefits: Unemployment benefits provided by the state. Illinois provides for 25 weeks of regular benefits for people who apply in 2012 or later (prior to 2012, the state provided 26 weeks). Spouse: Partners in a civil union are considered spouses under all Illinois laws. Any use of the term “spouse” throughout this guide refers to both civil union partners and marriages, and the rules apply the same. Tele-Serve: Tele-Serve is an automated telephone system that allows you to request payments, file claims and obtain claim information using a touch-tone phone. Traditional base period : A period of time that is used to calculate your unemployment benefits. It is the first four out of the last five completed calendar quarters immediately before the start of your benefit year, or when you filed your initial claim. Uninsured work: Work performed for an employer that is NOT required by law to make payments to the state under the Illinois Unemployment Insurance Act. Some types of work may not be insured in Illinois, while some types of work are insured for some employers but not insured for others. Waiting week: By Illinois law, the first week of your claim for which you are eligible to collect benefits is your waiting period. Every effort will be made to pay benefits three weeks from the first week you filed your claim, if you are deemed eligible. The total number of weeks for which you are eligible is not reduced by this waiting period. Weekly benefit amount: The amount payable to you for each week of unemployment in the benefit year. The amount is based on your covered wages paid during the Base Period. 47 APPENDIX C: HELPFUL PHONE NUMBERS AND WEBSITES General Unemployment and Claim Questions: IDES Claimant Call Center: For Claimant Services, Unemployment Insurance, including questions about Direct Deposit and Extended Benefits: (800) 244-5631 or (312) 793-5280 (Chicago) IDES Website: http://www.ides.illinois.gov To Apply for Unemployment Insurance: In person at IDES: To find your nearest IDES office call 1-888-367-4382 or look at Appendix D for office addresses. Online: http://www.ides.state.il.us/individual/online_claim.asp Out -of-state Claimants: Call 1-800-344-5573 or file online at: http://www.ides.state.il.us/individual/online_claim.asp To File a Claim or Certify: By Phone: Tele-Serve (888) 337-7234. Tele-Serve lets you certify for benefits, check on your claim status or payments, reopen claims, and more. You can certify between 5:00 a.m. to 7:30 p.m., M-F, including holidays. Online: Visit http://www.ides.state.il.us/individual/online_claim.asp By mail: Contact your local IDES office to make sure you meet the special conditions that would allow you to file by mail. 48 APPENDIX D: IDES OFFICES AND WORKNET CENTERS IDES Offices and WorkNet Center Addresses: Office Office Address Arlington Heights Belleville Bloomington Bolingbrook Burbank Centralia Champaign Blue Island / Pilsen Diversey Financial Place Halsted Lawrence Mid-South Stony Island Woodlawn 723 West Algonquin Rd 4519 West Main 207 East Hamilton Rd 321 Quadrangle Dr 5608 West 75th Place 325 South Poplar Street - P.O. Box 825 1307 North Mattis Avenue - P.O. Box 3369 1700 West 18th Street 4931 West Diversey Pkwy 528 South Financial Place 837 West 119th 2444 West Lawrence 715 East 47th Street 8750 South Stony Island Ave 1515 East 71st Chicago Heights Danville Decatur DeKalb East Alton East St Louis Effingham Elgin Freeport Galesburg Glen Carbon Grayslake Harvey Jacksonville Joliet Kankakee Litchfield Lombard Marion Mattoon 1010 Dixie Highway 407 North Franklin 757 West Pershing Rd 1701 East Lincoln Hwy 612 West St Louis Ave 601 James R. Thompson Blvd., Bldg E 2311 Hoffman Dr 30 DuPage Court 1826 South West Ave 821 West Main 50 Kriege Farm Rd Glen 800 Lancer Lane 16845 South Halsted Street 850 South Main 250 North Chicago 255 North Schuyler 11006 Airport Trail Road 837 South Westmore Ave 8195 Express Dr 305 Richmond Ave East 49 Location Arlington Heights Belleville Bloomington Bolingbrook Burbank Centralia Champaign Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Heights Danville Decatur DeKalb East Alton East St Louis Effingham Elgin Freeport Galesburg Carbon Grayslake Harvey Jacksonville Joliet Kankakee Litchfield Lombard Marion Mattoon Zip code 60005-4432 62223-5552 61704-7527 60440-3407 60459-3200 62801-3249 61826-3369 60608-1914 60639-1705 60607 60643-5211 60625-2912 60653-4201 60617-2708 60619-1503 60411-2663 61832-4511 62526-1634 60115-3956 62024-1046 62201-1129 62401-2839 60120-6424 61032-6712 61401-3401 62034-2700 60030-2654 60426-6113 62650-3012 60432-4030 60901-3830 62056-1690 60148-3724 62959-5816 61938-0009 IDES Office Locations and Fax Numbers to send in Appeal Forms: Chicago Metro Area 3500 West Grand 2444 West Lawrence 4931 West Diversey 1515 East 71st Street 715 East 47th Street 1657 South Blue Island 8750 South Stony Island 837 West 119th Street Arlington Heights Bolingbrook Burbank Chicago Heights Elgin Evanston Grayslake Harvey Joliet Lombard Maywood North Aurora Waukegan Woodstock Outside Chicago Area 779-227-7132 773-334-6833 773-889-6844 773-947-5690 773-538-8857 773-243-1343 773-221-3974 773-821-4922 847-981-7435 630-759-0665 708-458-3230 708-709-3055 847-888-5547 847-864-0166 847-543-7469 708-596-5351 815-740-5237 630-495-0617 708-338-7702 630-844-5033 847-543-7469 815-338-2706 50 Alton Belleville Bloomington Centralia Champaign Danville Decatur DeKalb East St. Louis Effingham Freeport Galesburg Glen Carbon Jacksonville Kankakee Litchfield Marion Mattoon Moline Mount Vernon Murphysboro Ottawa Pekin Peoria Quincy Rockford Springfield Sterling 618-466-8261 618-277-5814 309-828-9968 618-532-0380 217-278-5728 217-442-0907 217-875-8778 815-748-5572 618-271-0622 217-347-7680 815-232-0083 309-343-0541 618-656-6403 217-245-9269 815-932-0648 217-324-2793 618-998-1231 217-235-0344 309-764-0567 618-244-0353 618-684-6809 815-434-0073 309-346-0497 309-671-3066 217-222-1564 815-395-8669 217-524-7848 815-625-7494 APPENDIX E: LEGAL SERVICES Legal Assistance Foundation of Chicago (LAF): LAF represents eligible, low-income workers seeking Unemployment Benefits at all levels after the initial grant or denial of benefits. To apply for legal service, please call the Client Screening Unit at (312) 341-1070. Downtown Office 120 S. LaSalle, Suite 900 Chicago, IL 60603 (312)341-1070 Land of Lincoln Legal Assistance Foundation (Southern and part of Central Illinois) 1-877-342-7891 Prairie State Legal Services (Northern and part of Central Illinois) 1-800-690-2130 IDES Legal Services Program (LSP): IDES contracts with private law firms to provide limited free legal services (consultation and/or representation at IDES administrative hearings) to claimants who are eligible for this service. If filing an appeal or Board of Review matter concerning a decision, determination, order or ruling by IDES, you may be eligible for IDES free legal services program depending on your case. IDES LSP Contact Information: If your Social Security number ends in a 0 through 4: call toll-free (800) 884-6591 TTY number is (866) 848-5609 If your Social Security number ends in a 5 through 9: call toll-free (888) 430-1776 TTY number (not toll-free) is (312) 640-1264 51 APPENDIX F: PROGRAMS TO HELP WITH YOUR BASIC NEEDS Illinois has several programs to help you with your basic living needs. The list below offers some basic information of programs that may help you if you are ineligible for UI benefits or exhaust your UI benefits, or even if you are still receiving benefits. You do not necessarily have to be unemployed to receive most services. Browse the list below to learn what programs are available, and make sure to follow the web links or call the phone numbers provided for more detailed information. This list is not exhaustive. The information regarding eligibility requirements, benefit levels, or services provided below may have changed since this guide was published. Health Care All Kids The state All Kids program offers Illinois children age 18 or younger comprehensive healthcare that includes doctors visits, hospital stays, prescription drugs, vision care, dental care and medical devices like eyeglasses and asthma inhalers. Some families pay monthly premiums for coverage, but rates for middleincome families are significantly lower than they are on the private market. Call 1-866-All-Kids, 1-866-2555437 (TTY: 1-877-204-1012) for more information or visit the All Kids website at http://www.allkids.com/. COBRA Continuation Health Care Coverage COBRA is a federal law that allows employees who lost employer-sponsored insurance coverage (for various reasons) to continue their health insurance. The former employee must still pay premiums, but may be eligible for premium reductions if they meet certain guidelines. For more information, go online at http://insurance.illinois.gov/healthinsurance/continueCobra.asp. Family Care Illinois FamilyCare is a state health insurance program that provides parents and certain caretaker relatives living with children 18 or younger with healthcare coverage in Illinois. To be eligible, you must be low-income and meet some immigration requirements. Call 1-866-All-Kids, 1-866-255-5437 (TTY: 1-877-204-1012) for more information, or visit the Family Care website at http://www.familycareillinois.com/. Illinois Healthcare Portal This portal is a one-stop source for most of your healthcare needs. You can sign-up for affordable health insurance programs, prescription drug assistance, free breast and cervical cancer screenings, and more, if eligible. Visit the Illinois Healthcare Portal at http://health.illinois.gov/. Illinois Rx Buying Club This program can help you save an average of 20% on hundreds of prescription drugs. If you meet certain income guidelines, you could receive a discount card to be used at many pharmacies across the U.S. There is a $10 annual fee. Call 1-866-215-3462 or visit www.illinoisRxBuyingClub.com. 52 Women, Disabled Individuals and Veterans Health Benefits for Workers with Disabilities A state assistance program which provides working individuals with a disability the ability to pay a low monthly premium and receive full medical benefits. Call 1-800-226-0768 (TTY: 1-866-675-8440) or visit www.hbwdillinois.com for more information. Illinois Breast and Cervical Cancer Program This is an Illinois Department of Public Health program that provides free mammograms, breast exams, pelvic exams and pap tests, as well as treatment, to all uninsured Illinois women ages 35-64 regardless of income. Call 1-888-522-1282 (TTY: 1-800-547-0466) or visit www.cancerscreening.illinois.gov for more information. Illinois Cares Rx This program offers low-income seniors and persons with disabilities prescription drug assistance to address out-of-pocket expenses and gaps in coverage that might exist in the Medicare Part D program. Call 1-800-252-8966 or visit www.illinoiscaresrx.com for more information. Illinois Healthy Women A free state healthcare program that covers family planning (birth control) and reproductive health services for low-income Illinois women ages 19-44. Services include physical exams, pap tests, STI testing, mammograms and more. Call 1-800-226-0768 or visit www.illinoishealthywomen.com for more information. Illinois Warrior Assistance Program This program offers assistance for Illinois veterans as they transition back to their lives after serving our country, including screenings, clinical help and referrals for Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). Call 1-866-554-IWAP (1-866-554-4927) or visit the Illinois Warrior website at http://www.illinoiswarrior.com/. Veterans Care Veterans Care is a state health insurance program for uninsured Illinois veterans who don’t have access to reliable healthcare. Under this program, veterans pay an affordable monthly premium of $40 or $70 depending on their income, and receive medical, limited dental and vision coverage. Call 1-877-4VETSRX (1-877-483-8779; TTY: 1-877-204-1012) or visit www.illinoisveterancare.com for more information. Childcare The Child Care Assistance Program (CCAP) CCAP provides low-income families or individuals with a family who are working or going to school with access to quality, affordable child care to help them continue working or going to school. You can receive vouchers to pay for child care through cost-sharing on a sliding scale based on family size, income, and the number of children in care. For more information visit the Department of Human Services (DHS) website at http://www.dhs.state.il.us/page.aspx?item=30355. You can use the online Child Care Assistance Program (CCAP) Eligibility Calculator located at http://www.dhs.state.il.us/applications/ChildCareEligCalc/eligcalc.html to see if you are eligible. 53 Food and Nutrition Emergency Food Services If you need food immediately, there are community resources to help you. To find a food pantry, soup kitchen, or homeless shelter in your area, visit the Illinois Food Bank Association website at http://www.illinoisfoodbanks.org/sites.asp. Food Bank Finder You can also locate the Feeding America food bank that serves your local community. Visit the online locator at http://feedingamerica.org/foodbank-results.aspx?state=IL. Illinois Free School Lunch and Breakfast Programs Each public school is required to provide a free meal to eligible students through National School Lunch and/or School Breakfast Programs; the Special Milk Program; Illinois Free programs (or any combination of these programs). To find programs in your area, visit the Illinois State Board of Education (ISBE) website at http://webprod1.isbe.net/NutSvc/. For more information about all school-based child or other nutrition programs provided by ISBE, visit http://www.isbe.net/NUTRITION/default.htm#programs. Supplemental Nutrition Assistance Program (SNAP)/Food Stamps The Illinois Department of Human Services (DHS) SNAP program provides low-income people and families with monthly benefits to buy food. Eligibility is determined by your monthly income and expenses; the number of persons who live and eat together; and the amount of available liquid assets, such as money in checking and savings accounts. For more information, including how to apply online and locate a local DHS office, visit http://www.dhs.state.il.us/page.aspx?item=30357. You can use the online Food Stamp Eligibility Calculator at http://fscalc.dhs.illinois.gov/FSCalc/ to estimate your benefits. Women, Infants, and Children (WIC) A state food assistance program provided by the Illinois Department of Human Services (DHS) which helps low to middle-income pregnant women, new mothers, and children under 5 years old buy healthy foods like milk, juice, eggs, cheese, cereal, dry beans, and peanut butter. You can learn more and apply online at http://www.dhs.state.il.us/page.aspx?item=30513. To find a WIC office close to you, use the online DHS office locator at http://www.dhs.state.il.us/page.aspx?module=12. Homeowners Making Home Affordable Multiple programs from the U.S. Departments of the Treasury and Housing and Urban Development (HUD) under the Obama Administration may help you with: keeping up with your mortgage payments while you’re unemployed; lowering your monthly mortgage payments or interest rates; avoiding foreclosure; or knowing what to do if your home’s value has fallen or if you have a second mortgage. To explore the many programs available, go online at http://www.makinghomeaffordable.gov/programs/Pages/default.aspx. 54 Housing Homeless Prevention Program The Department of Human Services (DHS) provides funding for programs that help keep individuals and families in their homes, shorten the time they spend in shelters, and assist in securing affordable housing. Individuals and families in immediate danger of eviction, foreclosure, or homelessness, as well as those currently homeless, might qualify when they document a temporary economic crisis beyond their control. They must also demonstrate their ability to meet prospective rental and utility obligations after the assistance has been granted. For a program directory by county, visit the Department of Human Services (DHS) webpage at http://www.dhs.state.il.us/page.aspx?item=41038. Homeless Youth Services Provides a place to live and job services for youths between 14- and 20-years-old who lack housing, the skills to live on their own, and who cannot return home. Parents, guardians, school staff and youths can find the nearest agency at the Department of Human Services (DHS) webpage at http://www.dhs.state.il.us/page.aspx?item=32524. Supportive Housing Program Provides services such as alcohol and substance abuse counseling and mental health programs while helping to prevent people from becoming homeless. Job training, transportation, child care and transitional housing might be available. Services are delivered by local governments, community organizations and notfor-profit agencies. You can apply at your local DHS Family Community Resource Center (FCRC). To find an office near you, use the online the DHS Office Locator at http://www.dhs.state.il.us/page.aspx?module=12. Cash Assistance Aid to the Aged, Blind, and Disabled (AABD) This Department of Human Services (DHS) program helps those who are 65 years or older, blind, or disabled with monthly cash assistance. A US citizen living in Illinois may be eligible if they receive Supplemental Security Income (SSI) or are ineligible for SSI due to income. Certain immigrants who are ineligible for SSI due to federal time limits to become U.S. citizens may also qualify. For more information, visit http://www.dhs.state.il.us/page.aspx?item=30370. Earned Income Tax Credit (EITC) The EITC is a family tax benefit that can help you reduce the amount of taxes you owe or provide you with a cash refund if you worked during the past year and you qualify. There is both an Illinois and a federal EITC, and if you qualify for each separately, you can receive both credits. You can learn more about the Illinois EITC at the Department of Human Services webpage at http://www.dhs.state.il.us/page.aspx?item=30365. Learn more about the federal EITC at the Internal Revenue Service (IRS) webpage at http://www.irs.gov/individuals/article/0,,id=130102,00.html. You can also get free tax prep help from January to April at the Center for Economic Progress’ tax sites, which you can locate by going online at http://www.economicprogress.org/tax-site-finder. Temporary Assistance for Needy Families (TANF) The Department of Human Services (DHS) TANF program helps pregnant women and families with children to pay for food, shelter, utilities, clothing and other expenses by providing monthly cash benefits for a limited time period. TANF recipients must participate in work and/or education activities or receive a waiver from participation in order to receive benefits. For more information, including how to apply 55 online or locate a DHS office, visit DHS’ website at http://www.dhs.state.il.us/page.aspx?item=30358. Supplemental Security Income (SSI) or Supplemental Security Disability Income (SSDI) may also help you by providing you monthly cash payments. SSDI is generally for people who have worked, and have now become disabled and can’t work. SSI is generally for people who have little income and are age 65 or older or blind, or disabled. These programs are administered by the federal government, by the Social Security Administration. For more information, visit http://www.ssa.gov/disability/. 56 APPENDIX G: UI FINDINGS SAMPLE 57 APPENDIX H: WEEKLY BENEFITS AMOUNTS 58 59 60 61 62 63 64 65 66 67 APPENDIX I: TELESERVE GUIDE 68 69 70 71 72