Alert: NC Unemployment Benefits - HR4213 - Are You Aware You Can Remain On The Higher Paying Older Claim? (transfer)

[Ariadne22]

We had a case on the Unemployment Forum posted recently, with an update today, where a claimant in NC had two claims and had collected EUC on both.

NC then opened a new third claim for her, which would reduce her weekly benefit from $259 to $80. She asked if HR4213 would apply. For those unfamiliar with HR4213, aka PL 111-205, in the event a new claim provides a benefit 25% or $100 lower than the previous claim, payment of the new claim can be deferred until all federal benefits from the earlier, higher paying claim are exhausted, provided that earlier claim expired on or after 7/24/2010 and at least some EUC on that claim had been paid prior to the bye of that claim.

I informed this poster that, because NC was treating her second claim as a parent claim, it was possible NC might allow her to defer payment of the third claim and continue on the higher benefit. At no time did NC take the initiative and inform claimant of this option. Other states such as CA, IL, PA, NJ, NY automatically transition people under HR4213 and so inform them by mail.

No telephone representative could help her with this. Everyone at NC to whom she spoke denied knowledge. I told claimant to write a letter, requesting this deferral under HR4213.

She did so and, today, posted she is now being paid her higher benefits from the second claim until the end of this year - when all federal benefit payments end, unless Congress extends the legislation.

Here is her story:

Can HR4213 apply going into 3nd benefit year?

Based on her experience, I thought it best to inform the unemployed on the NC Forum of HR4213. This law was enacted TWO YEARS AGO. NC should have been implementing this deferral option automatically or, at the very least, informing claimants of same.

[zthatzmanz28]

My wife's payment has remained the same and has not been reduced since her original claim was opened in June 2011.

[Ariadne22]

Your wife is still on her original claim, probably because she has not worked or, if she did, she has not earned enough since she first filed for benefits and therefore has not qualified for a new claim. Thus, her EUC payments continued without interruption.

HR4213 comes into play when you've worked while collecting benefits. Those new earnings often create new claim eligibility at your bye or when transitioning to a new tier or quarterly while collecting EUC. In that event, if the new claim provides a 25% or $100 lower benefit, you can defer receiving payments on that claim and continue the higher benefits on the old claim.

Effectively, HR4213 was passed to mitigate the penalty often incurred by people who do the right thing and work while collecting benefits. In many cases, they would have been better off not working. HR4213 was passed to correct this perverse incentive for doing the right thing.

[seashellbelle]

I hope someone can help me out here with NC Unemployment benefits being denied after Hearing. I became unemployed 5/2011, was eligible for benefits. I accepted a position with a company 6/12. I stopped filing and the work became unsuitable due to the fact the commute costs (120 Miles daily) and lack of earnings (commission job) was causing me a severe undue financial hardship. I was only there 11 weeks (77 days), the job turned out to be seasonal. I attempted to transfer within the company, nothing was available. I contacted the Remote Services Center as instructed. I never spoke to anyone, and submitted the reasons I was forced to resign via email. My hearing took place 10/19/12, and several statements made by the employer were not correct. My information online at the Unemployment website is stating Regular Active Claim 5/20/12, and there are no issues, and I am eligible for EUC benefits. I have been denied benefits by the Hearing Appeals referee, and I am really confused. The Unemployment Office said that I was towards the End of my Tier 1 Benefits and did not feel I would have any problems reopening me claim. So it looks like I am being penalized for going back to work to a job that I later discovered was unsuitable. Any suggestions? I am really at the end of my rope here, and have been getting so many conflicting answers.