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How to Make an Unemployment Claim: Filing With Your State

By KPCB StaffCombined Expertise In The Low Income Housing Space For 10 Years · How we write our guides

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To make an unemployment claim, you file with the unemployment insurance agency in the state where you worked, usually online or by phone. There is no federal unemployment program. Each state runs its own, sets its own rules and pays the benefits, so your state agency is the only place that can approve your claim.

Unemployment insurance pays you money if you lose your job through no fault of your own. The U.S. Department of Labor says to contact your state's program as soon as possible after you become unemployed.

Who usually qualifies

Your state decides who qualifies, how much you get and for how long. According to USAGov, many states require that you:

  • earned at least a certain amount in the last 12 to 24 months
  • worked consistently over the last 12 to 24 months
  • look for a new job

The period of work your state looks at is called the base period. In most states it is the first four of the last five completed calendar quarters before you file, according to the Department of Labor. Some states use a different period if you don't qualify under the standard one.

The other big question is why you stopped working. The program is meant for people who lost a job through no fault of their own, such as a layoff or a business closing. If you lost your job for any reason other than a lack of work, your state will look at the reason before it decides. Some states pay benefits to people who left a job for certain reasons, and others don't. Don't guess about your own case. File the claim, explain what happened, and let the agency decide.

To see your own state's rules, use the Department of Labor's list of state unemployment insurance offices, the state map on the USAGov unemployment benefits page, or DOL's CareerOneStop unemployment benefits finder. All of them send you to your state's official agency.

Which state to file in

In most cases, you file in the state where you worked, even if you live somewhere else.

If you worked in a different state from the one you live in, worked in more than one state, or worked remotely for an employer in another state, contact your home state's unemployment office. It can tell you how to file your claim with the other state.

How to file your claim

Step 1: Find your state's official agency

Start from the Department of Labor's state list or USAGov and follow the link to your state. The DOL list gives each state agency's official website and phone number. Scammers set up fake unemployment websites to steal personal information, so file directly with your state agency using that website or number.

The Department of Labor warns never to send personal information or documents to sites you haven't verified, or in reply to requests that come by social media, email or text.

Step 2: Gather your information

Your state will verify your identity when you file and ask about your work history. The Department of Labor says states generally ask for the name, address and contact information of every employer you worked for in the last 18 months, along with your dates of work. Giving complete and correct information keeps your claim from being delayed.

Before you start, gather:

  • your Social Security number and an ID, since your state will check who you are
  • names, addresses, phone numbers and dates of work for each employer in the last 18 months
  • the reason you left each recent job
  • W-2 forms and pay stubs, which show employer addresses and what you earned
  • your DD-214, if you recently left the military
  • your SF-8 (Notice to Federal Employee About Unemployment Insurance) and SF-50 (Notification of Personnel Action), if you were a federal civilian employee

Your federal agency gives you the SF-8 and SF-50 when you leave. Your state's application will tell you if it needs anything else.

Step 3: Apply online, by phone or in person

Depending on the state, you can file online, by phone or in person. Many states require you to file online. If you file online, save or screenshot your confirmation page. If you file by phone, write down the date, the name of the person you spoke with and any confirmation number.

Answer every question truthfully, especially the one about why you left your job. Wrong information can lead to an overpayment, which you have to pay back. Making false statements on purpose to get benefits is fraud.

What happens after you apply

Your state will review your work history and the reason you lost your job, and it may contact you or your former employer with questions. Watch your mail, email and online account so you don't miss a request.

Your state sends you a Monetary Determination Notice with your weekly benefit amount and the number of weeks you may be able to collect. If the state finds you are not eligible, it sends a Notice of Determination that explains why and tells you how to appeal.

It generally takes two to three weeks after you file to get your first payment. Some states have a one-week waiting period, so the second week you claim is the first week you get paid, if you are otherwise eligible.

Keep your claim active

To get paid, you must file a weekly or biweekly claim, often called a certification, after each week ends. Keep doing this while your claim is being reviewed or appealed. Missing one can delay or stop your payments. Your state will tell you how to file. Each time, you answer questions about whether you are still eligible and you must report:

  • any work you did and any money you earned that week, even if you haven't been paid yet
  • any job offers you got or work you turned down

Your state may also tell you to register for work with its employment service or to come to an interview at a local office or American Job Center. If you miss a scheduled interview, your benefits may be denied. If your state requires a job search, keep a log of every job you apply for, with the date, employer and how you applied.

If your claim is denied

You have the right to appeal, and your state must give you a chance at a fair hearing. Your Notice of Determination explains how to appeal and gives the deadline. You must appeal within that time, so read the notice as soon as it arrives. Your former employer can also appeal if it disagrees with the state's decision.

Keep filing your weekly or biweekly certifications during the appeal if you are still out of work. If the decision goes your way, you are paid for those past weeks, as long as nothing else on your claim is denied. Gather your pay records, any letters about your job ending and your job search log so you can show what happened.

If you want help with an appeal, look for free legal aid in your state at LawHelp.org.

Watch out for unemployment scams

Criminals file unemployment claims using other people's names and Social Security numbers. USAGov lists these warning signs:

  • your state rejected your claim because it already had one under your name
  • you were approved but never received your payments
  • you got a notice from your state agency or former employer about a claim you didn't file
  • you got a Form 1099-G for benefits you never received, sometimes from a state you never worked in
  • someone called saying money was deposited into your account by mistake

If this happens, report it to your former employer, your state unemployment insurance program and the Federal Trade Commission at IdentityTheft.gov or 1-877-438-4338. Never give your bank account number, Social Security number or date of birth to someone who contacts you out of the blue.

Other help while you're out of work

You can apply for other programs while your unemployment claim is pending or being paid.

Health coverage

If you had health insurance through your job, you have two main options.

COBRA lets you keep your employer's group plan for a limited time. It covers most private employers with 20 or more employees. If you lost your job or had your hours cut, COBRA can last 18 months. You have 60 days to respond to the election notice the plan sends you. According to HealthCare.gov, you pay 100% of the premium yourself, including the part your employer used to pay, plus a small administrative fee.

The other option is the Health Insurance Marketplace. Losing job-based coverage lets you sign up outside open enrollment if it happened in the past 60 days or will happen in the next 60 days. One application tells you whether you qualify for a Marketplace plan with savings, or for Medicaid or CHIP. Unemployment compensation counts as income on a Marketplace application. If your income has dropped, read our guide on how to enroll in Medicaid.

Food, cash and bills

If you need help buying food, read how SNAP works and how to apply. Families with children may also qualify for cash help; see who is eligible for TANF. For heating and cooling bills, see how to apply for LIHEAP energy assistance.

To see several programs at once, try the KPCB Edge benefit finder. Only the agency that runs each program can decide whether you qualify.

Frequently asked questions

Can I file for unemployment if I quit my job?

You can always file. Whether you get paid depends on your state's rules and your reason for leaving. File, explain your reason honestly and let the state make the decision.

Can I file in the state where I live now?

Usually you file in the state where you worked. If you worked in another state or remotely, contact your home state's unemployment office for help filing with the other state.

How much will I get?

Each state sets its own amount. In general, benefits are a percentage of what you earned over a recent 52-week period, up to a state maximum. Most states pay for up to 26 weeks. Your Monetary Determination Notice shows your weekly amount.

Do I have to keep looking for work?

Many states require it. Each week you certify, you must report any job offers and any work you turned down. Your state will tell you what counts as a job search. Keep a written record of every job you apply for.

Are unemployment benefits taxable?

Yes. Unemployment benefits are subject to federal income tax and must be reported on your federal return. You should get a Form 1099-G showing what you were paid (Box 1) and any federal tax withheld (Box 4). You can choose to have federal income tax withheld from your benefits using Form W-4V, or you may need to make quarterly estimated tax payments. See IRS Tax Topic 418. For state income tax, ask your state.

What if someone filed a claim in my name?

Report it to the state where the claim was filed and to your former employer, and report the identity theft at IdentityTheft.gov or 1-877-438-4338. If you got a Form 1099-G for benefits you never received, the Department of Labor says the state will send a corrected form and update the IRS. When you file your taxes, include only income you actually received, and don't wait for the corrected form to file.

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