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Disaster Unemployment & Income Loss

What are disaster unemployment insurance benefits?

The president can authorize disaster unemployment insurance benefits as part of the relief available in the disaster declaration.  Disaster unemployment insurance benefits are unemployment benefits available to those who are not able to return to work due to the disaster.  This program covers more people (such as self-employed persons, farmers, etc.) than traditional unemployment benefits. 

Eligibility:

To be eligible for disaster unemployment insurance benefits, the applicant must have lost their job as a direct result of the disaster and be ineligible for traditional unemployment insurance benefits.  Applicants must not be able to return to work for one of the following reasons: there is no job available for them, they can no longer get to the job, their place of employment is closed because of the disaster, they are the new head of the household looking for work after the former head of the household died in the disaster, or they have a disaster-related injury.  The disaster must be the direct cause of why the applicant cannot return to work.

Application Instructions:

 Applications for disaster unemployment insurance benefits can be submitted to the Oklahoma Employment Security Commission or online at: https://ui.ok.gov/ssauth/register   Disaster unemployment claims are handled through Oklahoma Employment Security Commission.

Appeals:

Applicants for disaster unemployment benefits have the same appeal rights as applicants for traditional unemployment benefits.  If the applicant disagrees with the initial fact-finding decision, the applicant has a right to file a written request for a hearing in front of an administrative law judge within ten days of the date of the fact-finding decision.  An applicant can appeal a decision of the administrative law judge to the Employment Appeal Board by filing a written request within 10 days of the date of the administrative law judge’s decision.  An applicant can either request a rehearing with the Employment Appeal Board by filing a written request within twenty days of the Employment Appeal Board decision or by filing a petition for judicial review with the Oklahoma District Court within 30 days of the Employment Appeal Board’s decision.

Why would disaster survivors need a lawyer?

  • Disaster-related job loss
  • Unemployment benefits
    • Application
    • Appeals

Disasters can result in the loss of a survivor’s employment; for example, the business at which they work may have been destroyed.  Those survivors often need assistance with questions, applications, or appeals regarding unemployment benefits.

Resources

General information regarding Disaster Unemployment

https://www.benefits.gov/benefit/597

 

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