Unemployment FAQs

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I am not a U.S. citizen or permanent resident. Am I eligible for unemployment benefits?
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Maybe. To be eligible for standard unemployment benefits in the District as an immigrant, you must be authorized to work during the following periods of time: 

  1. When you file an initial claim for unemployment 
  2. When you file "weekly claim cards" in order to receive unemployment benefits; and the 12 to 18 month period BEFORE filing an initial claim, which is known as the "base period."

The following groups of immigrants could therefore be eligible for unemployment benefits -- those with Temporary Protective Status, Deferred Action for Childhood Arrival (DACA) approval, asylees, or applicants for asylees, among many others -- as long as these individuals have proof of work authorization for the relevant time periods.

Public charge rules do not apply to unemployment benefits.

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I am only working part-time. Am I still eligible for unemployment benefits?
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Maybe. You must report your gross wages (your earnings before taxes) to the Department of Employment Services in your weekly claim cards. You must report these wages for the week in which you earn them (you perform the work), and not for the week when you get paid.  

The Department of Employment Services uses a statutory formula to calculate your eligibility for a reduced unemployment benefit that week: 

Step One: add $50 to your Weekly Benefit Amount. 

Step Two: multiply your gross weekly wages (your earnings before taxes) by 0.66. 

Step Three: compare to determine if 66% of your gross wages (in Step Two) is higher than your Weekly Benefit Amount plus $50 (in Step One).   

If your Step One calculation is higher than Step Two, then you are eligible for the difference between the amounts calculated in Step One and Step Two.   

If your Step Two calculation is higher than Step One, you are not eligible for unemployment benefits. 

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How do I apply?
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Standard unemployment benefits are for traditional “employees” -- people who worked for employers and received W-2s -- who earned enough wages over the past 15-18 months to qualify. You can apply online  (website available in English or Spanish) or call (202) 724-7000. You can email any requested supporting documentation to fact.finding@dc.gov, or drop it off in person at posted dropboxes at DOES headquarters, located at 4058 Minnesota Ave. NE, Washington, DC 20019.

If you have access to a computer or smartphone, we recommend applying online, because callers are experiencing very long wait times. 

DOES has published a Quick Guide with more information on how to apply for standard unemployment benefits. 

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I don't have access to a computer. Can I still apply?
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For standard unemployment benefits, you can apply over the phone at (202) 724-7000. If you do not have access to a computer, and are unable to get through on the phone, please contact Legal Aid at (202) 628-1161 or online to apply for free legal help.

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I filed my initial unemployment claim, but I haven't been approved yet. Are there any steps I should take while I am waiting to be approved?
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It is very important for workers who have applied for benefits to file what is called a “weekly claim card” or “continued claim form” every week after submitting an application for benefits, either through the standard program or PUA. 

Once you successfully submit an application for benefits, you should begin to receive these cards in the mail. We recommend filling them out online if you have access to a computer or smartphone. You can also submit the information over the phone at (202) 724-7000, drop them off at the drop boxes at DOES (4058 Minnesota Ave. NE, Washington, DC 20019), or return the cards by mail (least preferred). You will continue to file these cards after being approved for benefits, for as long as you would like to continue receiving benefits. Generally, DOES will not pay benefits for any week in which they do not receive a claims card.

Detailed instructions from DOES for completing the claims card are available here (Spanish version here).

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I filed my initial unemployment claim weeks ago, but I haven't been paid yet. What do I do?
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It takes approximately 21 days from the date you apply to begin to receive benefits, but you should begin to receive paperwork in the mail regarding your claim 7 to 10 days after applying. 

If either of these timelines have passed, you can call DOES at (202) 724-7000 and ask to speak to a claims examiner about your application. You can also try emailing DOES at does@dc.gov, covid19.ui@dc.gov, or fact.finding@dc.gov. If you cannot reach DOES by phone or email, please contact Legal Aid at (202) 628-1161 or online to apply for free legal help.

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I got a form in the mail that says "monetary determination." What does it mean?
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A “Notice of Monetary Determination” is a form that DOES sends that will provide your weekly benefit amount, your maximum benefit amount, the wages used to calculate your claim, and other information about your claim for unemployment benefits. 

It will also have a box checked saying whether you are eligible or not eligible for benefits. If it says that you are not eligible, please review the information it provides about why you are not eligible, because it may be incorrect. Please see the next question (“What if my initial claim is denied?”) for what to do next. 

There is another section of the form where there will be a box checked saying whether or not there is a “potential eligibility and/or disqualification issue.” Even if the form says that you are eligible for benefits, it may also say that there is a potential eligibility problem, so please review the form very carefully. Having a potential eligibility issue does not mean that you will not be found eligible for benefits, but DOES may contact you to get more information they need to complete your application. 

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What if my initial claim is denied?
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Claimants receive many documents in the mail from DOES after filing an initial unemployment claim. However, only two documents can deny benefits -- either a Monetary Determination (which finds a worker eligible or ineligible due to past wages) or a Determination by Claims Examiner (which explains the results of a claims examiner’s investigation). 

You may also file an appeal with the Office of Administrative Hearings, as described in the next paragraph. 

If you receive a Determination by Claims Examiner stating that your unemployment claim is denied, you should file an appeal with the Office of Administrative Hearings online or by phone at (202) 442-9094. 

The office is closed to in-person business until at least March 31, 2021. The deadline to file an appeal is 15 days.  However, OAH has tolled the deadline to file an appeal in cases involving unemployment benefits until 30 days after the public health emergency ends.

If you have any questions about whether you should appeal a Monetary Determination that finds you ineligible for benefits, please contact Legal Aid at (202) 628-1161 or online to apply for free legal help.

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How many weeks will I receive of Traditional Unemployment Insurance?
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Traditional UI provides workers with 26 weeks of benefits.  

Traditional UI is not retroactive back to when you lose your job; you can only get benefits starting when you submit your application.  You also must file weekly claim cards with DOES to receive traditional UI for weeks you are unemployed/working reduced hours.  If you have not submitted any past weekly claim cards, you should submit them to DOES immediately.

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What will my Traditional UI weekly benefit amount (WBA) be?
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DOES looks at a worker’s gross earnings in the last 12-18 months before they applied for UI to determine the WBA.  Gross income is your pay before taxes are taken out.  Your WBA will be reduced if you are working part-time/reduced hours.  If your gross income is high enough, you can receive up to $444/week.

To determine your WBA, DOES breaks the year up into four quarters.  DOES will look at your highest gross earnings quarter and divide those earnings by 26 to calculate your WBA.   

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Will receiving unemployment benefits affect how much I receive in other benefits, like SNAP, or whether I'll be able to keep my Medicaid?
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Standard unemployment benefits are counted as income for several other common public benefits programs used by DC workers.

For SNAP (commonly known as food stamps), standard unemployment benefits will count as income. This means that receiving regular UI will lower your SNAP amount, maybe to zero.

For TANF (cash assistance for low-income families), standard unemployment benefits will count as income. This means that receiving unemployment benefits will likely make you ineligible for TANF.  

For Medicaid and DC Health Alliance, standard unemployment benefits count as income.

For Social Security benefits, standard unemployment benefits should not affect or reduce Social Security retirement benefits or SSDI. 

For Supplemental Security Income (SSI), all unemployment insurance benefits will count as income. Please contact the Social Security Administration if you have had your payments reduced or ended because of your unemployment benefits.  

For more information on public benefits, see Public Benefits FAQs.

For public housing programs administered through the DC Housing Authority, standard unemployment benefits are treated as income, and will affect rent calculations.
 

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My unemployment benefits are being withheld to pay back an old overpayment. What can I do?
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If your unemployment benefits are being recouped to pay back an old overpayment debt, the Department of Employment Services must notify you in writing. This notice is called a Notice of Recoupment. You have a right to appeal this notice to the Office of Administrative Hearings within 15 days if: (1) the old overpayment was not your fault, and (2) you cannot afford to have the District recoup your current unemployment benefits. 

The District is only allowed to recoup up to 50% of your current unemployment benefits -- and in some cases, they are required to collect less.  

If you receive an Offset Notice or a Notice of Determination of Overpayment, you can contact Legal Aid at (202) 628-1161 or online to apply for free legal help.

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If I apply for unemployment benefits, will it count against me under the public charge rule?
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No. Applications for unemployment benefits are not reviewed during public charge determinations when an immigrant requests an adjustment of status.