Hurricane Katrina: Legal Issues - Columbus School of Law

For the latest information on how to file for DUA in states declared disaster areas as a result of Hurricane Katrina and
in neighboring states where evacuees are relocating, we recommend that individuals and their advocates regularly
check recent postings on the state’s disaster coordination website and the U.S. Department of Labor’s website listing
states services available in response to Hurricane Katrina. Below is a listing of the DUA application contact numbers
posted by several of the impacted states. We caution, however, that some of these contact numbers may not always
provide all the necessary application information. Thus, we urge workers to regularly consult the state and federal
websites referenced above for current information.
Alabama: 1-866-243-5382
Georgia: 1-877-709-8185
Florida: 1-800-204-2418
Louisiana: 1-800-818-7811 or 1-866-783-5567 or1-800-LAHELPU
Mississippi: 1-888-844-3577
Texas: 1-817-420-1600
Source: National Employment Law Project (last updated September 6, 2005).
State unemployment compensation
A person who has become unemployed as a result of a disaster may be eligible for unemployment benefits, generally
based on the person's length of employment. A person must exhaust these benefits before they are eligible for disaster
benefits.
Who is eligible for state unemployment insurance?
Generally, an applicant must be unemployed and registered to work at a local Employment Services Office, must be
able to work, and must be available for work. In addition, the applicant must have covered wages in at least two
calendar quarters, must serve a one week waiting period, can be partly disqualified if job loss was due to simple
misconduct without a warning, can be totally disqualified if he or she quit without good cause, lost a job for
misconduct after warning, failed a drug test, did something dishonest, or refused employment without good cause.
What if an applicant is denied UC or DUA benefits?
Applicants have the right to appeal a decision within 15 days from the date on the notice. A form for appealing the
decision should be sent with the determination. At the hearing, the applicant will have an opportunity to explain to
the appeals referee why he or she is entitled to UC or DUA. Applicants should bring witnesses and documents in
support of their case.
Source: Alabama Legal Services Manual
Employment-related health and pension benefits/COBRA
Many employers provide group health insurance for their employees and dependents. After a disaster, group coverage
may end because the employee relocates, his or her job is terminated, or because the employer is no longer in
business. Employees who are no longer covered by a company policy are entitled to continue coverage under a
program known as COBRA. However, the premiums may be significantly higher than premiums under the group
plan.
Affected individuals should make a choice as soon as possible. Federal laws provide that once a person goes without
health insurance for a period of sixty three (63) days, health providers may exclude coverage for preexisting
conditions. See 29 U.S.C. 1181; Treas. Reg. § 54.9801-4(b)(2); 29 C.F.R. § 2590.701-4(b)(2); and 45 C.F.R. §