Will ESD benefits still be available after incarceration if I have months left on my claim?

Unfortunately, you cannot collect unemployment while incarcerated because you're not considered "able and available" for work, which is a basic requirement for UI benefits. As for your remaining benefits, your benefit year typically expires 12 months after you initially filed. If your incarceration extends beyond your benefit year, those remaining benefits will expire.

my cousin went to jail for 6 months last year and lost all his unemployment. they actually tried to say he committed fraud because he didn't report that he wasn't looking for work while locked up. big mess for him

To clarify what others are saying: You MUST be able, available, and actively seeking work to qualify for unemployment benefits. Incarceration makes you ineligible on all three counts. Here's what happens with your claim: 1. Your benefits will stop when you stop filing weekly claims 2. You cannot pause or freeze benefits - they either continue within your benefit year or they expire 3. If your benefit year expires while incarcerated (typically 12 months from initial filing), any remaining benefits are GONE 4. If you're released before your benefit year expires, you could potentially reopen your claim, but you'd need to meet all eligibility requirements again 5. If your benefit year expires while incarcerated, you'd need to have new qualifying wages to establish a new claim after release Most importantly, NEVER file weekly claims while incarcerated as this could be considered fraud.

Listen man forget about unemployment while ur locked up!! U should be focused on more important stuff right now! Get ur affairs in order before u go in!!!!

I had a somewhat similar situation but with medical leave rather than incarceration. When I tried to reactivate my claim after getting better, I discovered I needed to talk to an ESD agent directly to restart benefits. It was IMPOSSIBLE to get through on their phone lines - I spent weeks trying. I eventually used Claimyr (claimyr.com) to get through. They have this service that basically waits on hold for you, then calls you when an agent is available. Saved me days of redial hell. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Whenever you get out, if you need to reactivate or file a new claim and can't get through on the phones, it might be worth checking out.

To answer your follow-up question about reopening a claim: It's not overly complicated, but there are specific steps. You'd go to eServices, select "Reopen Claim" instead of "File New Claim," and then complete the questionnaire. The system will ask why you stopped filing (be honest), and then you'll need to verify your information is still correct. If your claim has been inactive for a while, the system might flag it for review, which means you'd need to speak with an adjudicator. That's where many people get stuck in the process - waiting for that review to complete.

@OP I did eventually get approved and received backpay, but only after I contacted my state representative who put pressure on ESD. Don't hesitate to do that if you get stuck in adjudication after you're released. The squeaky wheel gets the grease with these government agencies.

lol i think ur getting wayyy ahead of urself... who knows what the unemployment system will even look like after ur out... they change the rules like every 6 months anyway!!! good luck tho

One more important point: When you're released, if your benefit year has expired, you'll need to have worked and earned qualifying wages AFTER your previous claim was filed to be eligible for a new claim. This means you likely need to find employment first, work for a while, and then if you lose that job through no fault of your own, you could file a new claim. Unemployment isn't designed to restart after a long absence from the workforce - it's specifically for people who have recently lost employment. Focus on reentry programs that help with job placement after incarceration, as these will be more immediately helpful than trying to restart unemployment benefits.