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Jade Lopez

Can I get DEO benefits for 3-week gap as paid family caregiver through Medicaid?

Hoping someone can help me figure this out! I work as a paid family caregiver for my brother-in-law who has Down syndrome. I'm paid through a company that gets funding from state Medicaid. I just found out there's going to be a gap in my pay from this Monday until July 1st (about 3 weeks) due to some funding/paperwork issue on their end. They assured me everything will be back to normal on July 1st and I can continue working then. I get a 1099 from this company, not a W-2. Would I qualify for any kind of temporary unemployment during this 3-week gap since I'm essentially being temporarily laid off through no fault of my own? Has anyone dealt with something similar as a Medicaid-funded caregiver? I'm really stressing about how to cover bills during this unexpected gap.

Tony Brooks

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Unfortunately FL unemployment doesn't typically cover 1099 workers unless your company has been paying into the unemployment insurance system for you (which most 1099 situations don't). The system is mainly for W-2 employees. During COVID they had PUA for 1099 workers but that's long gone now.

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Jade Lopez

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That's what I was afraid of... I'm technically an "independent contractor" even though the state controls everything about the work I do. So frustrating that there's no safety net for a gap that isn't my fault!

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It's a bit complicated. Even though you're 1099, you might want to apply anyway because sometimes these caregiver positions through Medicaid are in a gray area. Some agencies misclassify workers. The key factors DEO looks at are: who controls your work schedule, who sets your pay rate, and who determines how the work is performed. If the company controls these factors (even with Medicaid funding), you might have an argument for employee classification. If you apply, be prepared to explain your work arrangement in detail during fact-finding. Worst case scenario is they deny your claim, but you might qualify for partial benefits during this temporary gap.

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Yara Campbell

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my sister had something similar happen with a diffrent medicaid program and she DID get benefits for 2 months when her client was in hospital. but she had to appeal frist denial and provide lots of documetation from the agency about how they controlled her work

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Isaac Wright

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I would definitely apply. When you file, make sure to keep a record of your confirmation number and check your CONNECT inbox daily. If they need additional information about your work situation, you'll get a fact-finding questionnaire. Complete it right away with detailed explanations about how the company controls your work parameters, even though you receive a 1099. Also important - when you apply, list the company that pays you as your employer, NOT the state Medicaid program. The company is your actual employer even if funding comes from Medicaid. Make sure you have all your payment records for the past 18 months ready to upload. I've seen people in your situation get approved, especially for temporary gaps like this where you have a definite return-to-work date. The key is being very clear about the employer/employee relationship despite the 1099 status.

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Jade Lopez

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Thank you so much for this detailed advice! I'll definitely apply and see what happens. Should I mention the return-to-work date right away in my application or wait for them to ask about it? I'm worried that knowing I'll be working again in 3 weeks might make them automatically deny me.

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Isaac Wright

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You should absolutely disclose your return-to-work date - it's actually helpful for your case as it shows you're only seeking temporary assistance during a specific gap, not indefinitely. When you claim your weeks, you'll need to report when you return to work anyway, so being upfront from the start is important. Just be prepared that even if approved, DEO processing can take 2-4 weeks, so you might not receive benefits until around the time you're already back to work. If approved, payments would be retroactive to your filing date (minus the one-week waiting period Florida requires).

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Maya Diaz

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THEY DONT CARE if youre honest!!!!! DEO is COMPLETELY BROKEN system that just WANTS TO DENY EVERYONE!!!! ive been fighting them for MONTHS after they said i was overpaid from 2021!!! They will probly deny you because thats what they do to EVERYONE!!!!!

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Tami Morgan

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I work in home health (w2 not 1099) but had clients cancel for 2 weeks last year and got temp benefits. Your situation sounds different tho with the 1099 thing. But def apply!!! What's the worst they can say? No?

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Rami Samuels

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Have you tried calling DEO to ask about your specific situation? Probably better than getting advice from randoms online lol. Good luck getting through though, their phone lines are ALWAYS busy.

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If you're having trouble reaching DEO by phone (and most people do), check out Claimyr (claimyr.com). They have a service that helps you get through to a real person at DEO without waiting for hours. You can see how it works here: https://youtu.be/UzW_hbUy-ss?si=zORd51jeq1GX5Ldj I used it when I had questions about my eligibility in a similar situation and was able to talk to someone who could actually look at my specific circumstances. Way better than guessing or getting automated responses from the website.

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Yara Campbell

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i think home health aides and caregivers should be REGULAR EMPLOYEES not 1099 anyway!!! your probly misclassified which is illegal. my friend got backpay when her agency got in truble for this

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Tony Brooks

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This is actually a great point. The IRS and Department of Labor have been cracking down on worker misclassification. Home health and caregiving positions almost always meet the criteria for W-2 employment, not independent contractors. The company might be using 1099s to avoid paying employment taxes and benefits.

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Isaac Wright

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One more tip - when you file, under "reason for separation" select "temporary layoff" or "reduction in hours" rather than "quit" or "fired." This accurately reflects your situation as a temporary work gap with a planned return date. Also, be prepared that if approved, you'll still need to complete five work search activities per week unless they specifically exempt you due to the temporary nature of your layoff with a return date. Document all applications, contacts with employers, etc. while you're waiting for July 1st. Best of luck and let us know how it goes!

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Jade Lopez

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Update: I submitted my application and selected "temporary layoff" as suggested. They've scheduled a phone interview for next week to discuss my employment situation. I've gathered my 1099s, payment records, and a letter from the agency explaining the temporary funding gap. Fingers crossed! Thanks everyone for your help!

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