Ill. Admin. Code tit. 56 § 2720.100

Current through Register Vol. 48, No. 45, November 8, 2024

Section 2720.100 - Filing a Claim

a) Each employer shall deliver the What Every Worker Should Know About Unemployment Insurance form to each worker separated from employment for an expected duration of 7 or more days. The form shall be delivered to the worker at the time of separation or, if delivery is impracticable, it shall be mailed, within 5 days after the date of the separation, to the worker's last known address. The forms shall be available for downloading from the Department's website. Every employer subject to the provisions of the Unemployment Insurance Act (including every employing unit that has elected, with the approval of the Director, to become an employer subject to the Act) shall post and maintain the notices as may be furnished by the Director. These printed notices shall be posted in conspicuous places in all of the establishments of the employer and shall be easily accessible for examination by the worker. These notices can also be downloaded from the Department's website.

b) Unless a claimant is otherwise instructed by the Department and except as otherwise provided in subsection (e), an initial claim for unemployment insurance benefits may be filed in person at any local office or over the telephone or on the internet at the Department's website. Subject to Section 2720.25, when filing a claim, the claimant, when requested, shall provide the following to the local office:

1) A valid Social Security card or other evidence of his or her Social Security number, such as a W-2 form;

2) Any other form of positive identification such as a driver's license, state photo ID card or payroll check stub showing his or her name, address and date of birth;

3) For each employing unit for whom the claimant worked during the past 2 years:

A) The employing unit's name and address;

B) Dates of service;

C) Reasons for the claimant's separation:

i) If the employing unit is the federal government, Standard Form 8 and Personnel Action Form 50, or any other documents, such as a Form W-2 or check stub, that show he or she has worked for the federal government; or

ii) If the employing unit is the military, Separation Form DD-214;

4) The Social Security number, name and birthdate of each of the claimant's dependent children;

5) Social Security number, if any, of the claimant's spouse and information about the spouse's employment during the last 2 years if the claimant is claiming the spouse as a dependent;

6) Information about other income, such as pensions, workers' compensation, payment for services, irrespective of whether the claimant regards the services as employment, or other unemployment insurance benefits that the claimant has received or will receive after the termination of his or her employment.

c) The Department will accept and process any claim filed. When the claimant files his or her claim, the claimant will be informed of the requirements for receiving unemployment insurance benefits, including the requirement that the claimant be able to work, available for work and actively seeking work.

d) Within a reasonable time after the claimant files his or her claim (customarily within 7 days), the claimant will be provided with a finding showing whether he or she has monetary eligibility and, if so, the amount of benefits.

e) The Department shall require a claimant to file in person at a local office if there is a significant discrepancy between information that the claimant provides while attempting to file a claim via the internet and information contained in Department records or other government records the Department may utilize.

EXAMPLE: An individual named Smith attempts to file an unemployment insurance claim via the internet and, as part of the internet claims process, enters his Social Security number. However, Department records indicate a previous claim was filed by someone other than Smith, using the same Social Security number that Smith has provided. Smith will have to file his claim in person in a local office to clear up the discrepancy.

f) Once a claimant establishes a "valid" claim (one on which the claimant is monetarily eligible for benefits), that claim cannot be withdrawn. The local office is under no obligation to advise an individual when to file his or her claim so as to qualify for the optimum benefit amount.

EXAMPLE: An individual files a valid claim effective June 6, 2010. He later learns that, if he had waited until after July 1, 2010 to file his claim, he would have been entitled to a higher weekly benefit amount. The individual cannot withdraw the claim that he established effective June 6 to obtain a higher weekly benefit amount.

Ill. Admin. Code tit. 56, § 2720.100

Amended at 35 Ill. Reg. 6114, effective March 25, 2011

Amended at 43 Ill. Reg. 1523, effective 1/15/2019