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How should I be reintroduced to my job?
USERRA requires that employers make a reasonable effort to reintroduce military personnel to their jobs. This may include retraining or helping the person refresh or upgrade their skills. Denial of this accommodation may fall under the realm of USERRA discrimination.
How soon after I return from service do I need to contact my employer about reemployment?
The amount of time between completion of military service and return to civilian employment depends on the length of service. If you served for less than 31 days, you must return to work during the next regularly scheduled work period on the first full day after release from service. The employer must take into account the safe travel home and an eight-hour rest period for the employee prior to return.
For service longer than 30 days but less than 181 days, the service member has up to 14 days from release from military service to apply for reemployment. If the service member served longer than 180 days, he or she has up to 90 days from release from service to apply for reemployment.
Are there any exceptions to the eligibility guidelines?
Yes. The five year limit does not include the periodic training duty of the National Guard and Reserve, initial enlistments lasting more than 5 years, and involuntarily being extended or recalled in active duty, especially during a national emergency.
How do I give notice to my employer that I will be serving in the military?
USERRA states that the employee can give notice to the employer in writing or verbally. The exceptions to this rule are if the notice is:
Is there a statute of limitations for USERRA claims?
Despite the law's exclusion of a statute of limitations, it does require timely action. Some previous federal cases have ruled that the four year federal general statute of limitations is a standard in these cases, so it is important to seek legal action soon after rights have been violated if pursuing a military employment suit.
Can I get both SSI and DIB?
In certain circumstances, yes. The maximum income that an individual can receive while getting SSI in 2010 is $674 in a month. If you win $500 in the lottery one month, you are required to report it and your benefits will go down by $500 for one month to make up for the income. If you are unable to work due to a disability and financially qualify for both programs, you can receive both types of benefit. Because SSI caps at $674, your disability benefits would need to be less than that to receive both at the same time. For example, if you get $400 in DIB, you can make up the remaining $274 through enrollment in SSI.
Which one can I get benefits from?
Depending on your financial status, you can receive either Disability Insurance Benefits or Supplemental Security Income. To determine which program you are eligible for, use the Benefit Eligibility Screening Tool available through the Social Security Administration 's website.
How much does SSI pay?
According to the Social Security Administration, individuals are eligible to receive $698 per month, or a couple can get $1,048 per month. Depending on your income, who you live with, or where you live, this number will change.
What is "DIB"?
DIB stands for Disability Insurance Benefits and is similar to the benefits from Supplemental Security Income. However, this program is designed for people who need fewer benefits because of their income. Temporarily injured workers who file for DIB are only asked to report their own earnings to determine eligibility. Other sources of income, such as a spouse's work earnings, are not used to determine eligibility.