Monday, April 5, 2010

How Do I Answer a Claimant Questionnaire for Unemployment In Pennsylvania


One Size Does Not Fit All!

Unemployment Appeal Lawyers for Appeal Hearings in Philadelphia, King of Prussia, Bristol, 
Springfield and Reading

If you are applying for unemployment benefits in Chester County, Montgomery County, Delaware County or Philadelphia, you may have to complete a Claimant Questionnaire. Usually, these are sent out to you by the Unemployment Service Center when you have been terminated or have quit, and the employer is fighting your unemployment claim. To learn more about this process (and to see our answers to the most common questions concerning Pennsylvania Unemployment, Click Here.

With regard to the Claimant Questionnaire, here are some important things to know.

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One, you do not have to answer each question! The form suggests that you do, but you do not have to.

Unemployment Appeal Lawyer for Hearing in Springfield

For example, Question 4 asks if you quit your job or took a leave of absence. The way it is written, it seems to some that you must pick one of these. You do not! Answer this question only if you were not fired.

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It gets tricky if you were forced to quit. If you were forced to quit in lieu of being fired, then answer Question 4, and then explain your answer in response to Question 5. Just explain that the company gave you a choice to quit or be fired, so you quit. Then check "yes" for question 6.

It Hurst, but it is Only the First Step - and Not Nearly as Important as the Referee Hearing!

Can I Appeal a Denial of My Unemployment Benefits?

Whether you are initially granted or denied unemployment benefits, the decision can be appealed by you or the employer. Then an Unemployment Appeal Hearing is held in Springfield, King of Prussia, Bristol, Reading, Lancaster or Philadelphia. This Hearing is where you get to tell your full story!

The key is to make sure that you tell the truth to unemployment, and only answer questions that apply to you.

For example, only answer Question 6 if you quit your job. Answer 7 no matter what. If you cannot work due to a physical restriction, then you cannot get unemployment benefits. But, if you have only minor limitations, spell that out! You do not want to lose your claim because unemployment mistakenly believes that you are disabled from all jobs.

Philadelphia Area Disability Lawyers

For example, even if you cannot perform your old job in the factory operating a crane because of a bad arm, that does not mean that you cannot do a different job in a whole new vocational area, such as working at a desk. Question 7 is tricky, because most people assume it is asking whether you have work restrictions that affected your ability to do your old job. That is not the case. The question is intended to determine whether you have work restrictions that would prevent you from doing any job, or at least a broad range of jobs.

Only answer Question 8 if you quit your job! It is not applicable ("N/A") if you were fired. If you were terminated, do not answer Question 8.

Question 9 applies if you answered yes to 7. If you have a partial disability, then answer yes to number 9. If you answer no to number 9, you will not get unemployment - if that happens, you may want to talk to a Social Security Disability Attorney. Or, if your condition is temporary, and you will be able to work in a few weeks or so, then explain that here.

And reapply for benefits every two weeks until you can finally answer yes to this question!

Otherwise, Question 9 applies to whether you are unavailable because of personal reasons, such as you are incarcerated, you are caring for an ill loved one, you are temporarily out of state, etc. Just explain honestly, and reapply every two weeks until you once again become able for work.

Question 10 is a lot like Question 9. It really applies to non-medical situations, such as incarceration, being away from the area, caring for a loved one, etc.

Be careful with the catch all offer to explain your situation that follows Question 10. The more you say, the more it can be used against you in an unemployment hearing. Remember, it is at the unemployment hearing that disputed claims are won or lost, no matter what happens initially!

We Help People Win Appeal Hearings Before Referees

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

What Happens at an Unemployment Appeal Hearing in Pennsylvania?

BECAUSE I HATE YOU: The Reasons Why Many Employers Fight Unemployment Claims in Pennsylvania - and What You Can Do About It

 

Philadelphia Area Lawyer's Quick Answers to the Most Common Pennsylvania Unemployment Questions

 

Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?


Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Seven Things to Know About The Pennsylvania Unemployment Compensation Board of Review

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Appeal Hearing -  Experienced Unemployment Lawyers Explains Why They Are Generally Irrelevant

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Pennsylvania's Unemployment Compensation Board of Review - Philadelphia Lawyers Who File Appeals With Unemployment Board of Review

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job?  

Overpayments Under Pennsylvania Unemployment Law - Fraud, Non-Fraud, At Fault, Non-At Fault- Can I Go To Jail for an Unemployment Overpayment in Pennsylvania?

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

Can I Get Unemployment In Pennsylvania If I am Working a Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing Unemployment Benefits?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Forced to Resign:  What Are My Rights if I am Forced to Quit From My Job in Pennsylvania?

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We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

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If you are looking for an employment lawyer, and live in Ardmore, Telford, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Honeybrook, Pottstown, Boyertown, Drexel Hill, Trainer, Willow Grove, Horsham, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, North Wales, Souderton, Jenkintown, Gilbertsville, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Yeadon, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Wyncote, Glenside, Narberth, Doylestown, Trappe, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

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