Gregory Adam Benker's Answers

My employer is cutting my salary and asking me to work 40 hours and get paid hourly. If I quit do I get unemployment in Illinois

In Illinois you are generally disqualified from collecting unemployment insurance if you quit your job without good cause attributable to your employer, unless you quit because of one of these reasons: health, sexual harassment, domestic violence, unsuitable work, acceptance of another job, failure to exercise bumping privileges or the need to accompany a spouse in the military. You may also be disqualified if you failed, without good cause, to apply for or accept a suitable job offered to you....

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Will opening a company affect my disability???

The answer depends upon the type of disability benefits you are seeking. If you are seeking long or short term disability insurance benefits, other income may be considered an offset and reduce the amount of benefits you are entitled to receive under the plan. If you are seeking Social Security Disability Insurance (SSDI) benefits, as long as you are not working and this is strictly an investment then this should not affect your benefits, but you should be wary as to how the business reports...

I am an unemployed widow with two dependent children in IL. My question involves seeking Medicaid insurance for my children.

Since you live in Illinois, you should consider applying for coverage for your children under the All Kids program at http://www.allkids.com/ which provides health insurance to children on a sliding scale based on family size and income. For example, a family of three with a monthly income of $2029 or less does not have to pay any premiums or co-payments for their children. They also have a family care program which might be able to provide health insurance for you as well. In regards to...

If I am applying for SSD Can I get unemployment benefits if I am fired from my job after my short term disability is exhausted?

If you remain unable to work due to your disability you most likely will not be eligible for unemployment benefits which, in most states, require at minimum that you are able to work and actively seeking employment. By applying for SSDI, you are stating that you are unable to engage in any substantial gainful work activity because of your disability that has lasted or is expected to last for at least 12 months. If you are denied SSDI or have questions about the disability benefits provided by...

I have been placed on disability by my Psychiatrist. I also have some physical disabilities. I want to find a good local lawyer

Based upon your question, it seems you would likely be seeking Social Security Disability Insurance (SSDI) benefits which pays benefits if you or certain members of your family are insured, meaning that you worked long enough and paid Social Security taxes, and are unable to do any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment that can be expected to result in death or which has lasted or can be expected to last for a continuous period...

Wrongful Termination- After 9 years at Company!Do I have a case?

An employer generally violates the FMLA if it discharges an employee in retaliation for taking FMLA-protected leave. FMLA regulation 29 C.F.R. 825.220(c) states that "employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions…" However, these cases can often be difficult to prove and the viability of your case may depend on whether the jurisdiction in which you reside treats discharge claims as an FMLA...

I am currently on SSDI due to a non-work related injury. Can i file for unemployment if my job is terminated?

In order to be eligible for SSDI benefits you must be unable to engage in substantial gainful work activity because of a mental and/or physical disability that has lasted, or will last, for at least 12 months. With some limited exceptions, you normally cannot do substantial work during the first 12 months that you claim you were disabled. This generally conflicts with the eligibility requirement for unemployment benefits in most states, that you need to be able to work and actively seeking...

Can a green holder have SSI/SSD benefits?

Non–citizens must meet two requirements to be eligible for SSI: (1) you must be a “qualified alien” which includes those who are Lawfully Admitted for Permanent Residence (LAPR) in the U.S. (that is, having your green card), and (2) meet one of Social Security’s listed conditions that allows qualified aliens to get SSI benefits such as having qualifying quarters of work, or being a U.S. resident since August 22, 1996 and being disabled to name a few. A non–citizen must also meet all of the...

Can student loan debt collectors garnish retirement pensions and social security wages? Residents of Michigan & Georgia

There are a number of rules regarding wage garnishment and they will vary depending upon the applicable state law and local rules applied. Generally social security benefits are exempt from garnishment. And, while not impossible, it is difficult to garnish payments from a retirement plan especially if the plan contains anti-alienation provisions which would prevent the plan administrator from paying the benefits to anyone except the beneficiary. However, there are exceptions, particularly...