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Old 04-07-2010, 02:48 PM
 
3 posts, read 7,221 times
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oh it was real quick. once i talked to someone at unemployment. once you win your case you win it extensions and all
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Old 04-07-2010, 03:29 PM
 
177 posts, read 270,294 times
Reputation: 37
Quote:
Originally Posted by tobegone View Post
so... just so I'm clear with this - when you have to open a new benefit yr claim, actually having "enough" earnings in the applicable base periods to "qualify" for a new regular claim is nothing more than a big NEGATIVE - right?? I mean, I'm now going to get $294 (instead of the $494 I was receiving), I have to go thru a 'waiting week', and I am only qualified to draw for 13 weeks... am I missing something?? It would be better if I didn't qualify for a new claim and just had my tier 2 extension (again, $494) carried over, correct?? And after these 13 weeks of $294, what happens then? Sorry for these seemingly obvious questions - I was just sadly ignorant of these developments...
I will try to explain it as I understand it. When Jdjlr comes on maybe he can confirm this or correct me.

Your new benefit year does require you serve a new waiting period. You'll get the 294 for 13 weeks. At that point they will first determine whether or not you qualify for any extentions in the new year. (assuming congress extends the current deadline of 4/5/10) If you do qualify for extensions ( and based on the info you gave I do not think you will) you will start over with tier 1 at your new rate of 294. If you do not qualify for extention in this new year, the left over from the first year will "pull Forward". At that point you will go back to the orignal amount of 494 for the remaining weeks in your extensions. (the rest of tier 2, 3, 4.) EB does not pull forward as it is a state program.

I have been through this and I agree that you kind of get screwed if you quailfy for the new year but not any extensions. But at least it is not all lost!

Hope this helps!
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Old 04-07-2010, 03:45 PM
 
29 posts, read 52,133 times
Reputation: 10
Quote:
Originally Posted by jskin View Post
I will try to explain it as I understand it. When Jdjlr comes on maybe he can confirm this or correct me.

Your new benefit year does require you serve a new waiting period. You'll get the 294 for 13 weeks. At that point they will first determine whether or not you qualify for any extentions in the new year. (assuming congress extends the current deadline of 4/5/10) If you do qualify for extensions ( and based on the info you gave I do not think you will) you will start over with tier 1 at your new rate of 294. If you do not qualify for extention in this new year, the left over from the first year will "pull Forward". At that point you will go back to the orignal amount of 494 for the remaining weeks in your extensions. (the rest of tier 2, 3, 4.) EB does not pull forward as it is a state program.

I have been through this and I agree that you kind of get screwed if you quailfy for the new year but not any extensions. But at least it is not all lost!

Hope this helps!
... thanks, jskin - so, if I don't "qualify" (I put that in quotes because you would think, qualifying for something would be a good thing) for extensions in the new year, what was left from my initial benefit yr pulls forward at that same rate of $494! With that said, why would I want to "qualify" for the new year w/extensions? Why would I want to "qualify" for new year benefits at all??? By not qualifying for new yr benefits, my initial yr benefits carry over at the higher rate (tier 2 at $494) with no waiting week. Am I completely wrong, or is this thing ass backwards, or what?!??!
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Old 04-07-2010, 03:52 PM
 
177 posts, read 270,294 times
Reputation: 37
Quote:
Originally Posted by tobegone View Post
... thanks, jskin - so, if I don't "qualify" (I put that in quotes because you would think, qualifying for something would be a good thing) for extensions in the new year, what was left from my initial benefit yr pulls forward at that same rate of $494! With that said, why would I want to "qualify" for the new year w/extensions? Why would I want to "qualify" for new year benefits at all??? By not qualifying for new yr benefits, my initial yr benefits carry over at the higher rate (tier 2 at $494) with no waiting week. Am I completely wrong, or is this thing ass backwards, or what?!??!
I think you are right! In qualifying for a new year I lost EB $8200.

But I had to be happy with the fact that I was able to keep Tier 3 and hopefully 4.
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Old 04-07-2010, 04:02 PM
 
29 posts, read 52,133 times
Reputation: 10
Quote:
Originally Posted by jskin View Post
I will try to explain it as I understand it. When Jdjlr comes on maybe he can confirm this or correct me.

Your new benefit year does require you serve a new waiting period. You'll get the 294 for 13 weeks. At that point they will first determine whether or not you qualify for any extentions in the new year. (assuming congress extends the current deadline of 4/5/10) If you do qualify for extensions ( and based on the info you gave I do not think you will) you will start over with tier 1 at your new rate of 294. If you do not qualify for extention in this new year, the left over from the first year will "pull Forward". At that point you will go back to the orignal amount of 494 for the remaining weeks in your extensions. (the rest of tier 2, 3, 4.) EB does not pull forward as it is a state program.

I have been through this and I agree that you kind of get screwed if you quailfy for the new year but not any extensions. But at least it is not all lost!

Hope this helps!
... and jskin, what do you mean by "you kind of get screwed if you quailfy for the new year but not any extensions." It seems that I am getting screwed by qualifying for a new year, period (as opposed to having my tier 2 $494 pulled forward) - and - I'm getting screwed, again if I qualify for a new year with extensions ($294 vs $494) - or, again, am I missing something?
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Old 04-07-2010, 04:04 PM
 
29 posts, read 52,133 times
Reputation: 10
Quote:
Originally Posted by jskin View Post
I think you are right! In qualifying for a new year I lost EB $8200.

But I had to be happy with the fact that I was able to keep Tier 3 and hopefully 4.
... do you mean tier 3 and 4 from your initial benefit yr - or from your new benefit yr?
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Old 04-07-2010, 04:55 PM
 
Location: Boone, NC
1,155 posts, read 3,148,476 times
Reputation: 282
Quote:
Originally Posted by tobegone View Post
just to be sure jdljr, my new benefit yr starts 4/4/10 - I was employed thru 4/12/09. My year to date earnings was $10,098. The money I made thru 3/30/09 (the first quarter?) was about $8882. This means my earnings spanned (barely) at least two quarters? So I'm jerked, right? It's gonna be the $8882 divided by 26 ($341). And it's only gonna be for the minimum 13 weeks, right? And I have to go thru a waiting week on top of all that, right? This is truly devastating.
Yes, unfortunately, if you qualify for new, regular UI that is what must occur, even if you have unused extension money left in the previous benefit year. And many times the benefit amount of the 2nd benefit year when qualifying for regular UI is less...it's all based on work and earnings in the base period.

You have your calculation correct, divide the high quarter by 26 to get the weekly benefit amount. Not sure why ESC would show $294 if you calculate $341. Perhaps your employer did not report wages the same way you are calculating...he/she could have reported a lower 1st quarter than what you're thinking. You would need to see what ESC shows for your 1Q2009 and 2Q2009 wages. If it doesn't seem right, you can ask them to do a wage protest to the employer to confirm.

Yes, beginning regular UI again you will serve a new waiting week.

Add your two quarters together, divide by the high quarter, then multiply that amount by 8.66. That gives you the number of weeks duration of the claim.

All these formulas are set in stone, no exceptions. Again, everything is based on work and earnings.

Now, at the end of the 13 weeks (or whatever it comes out to be) it does not appear that you will qualify for new extensions (you don't meet the 1.5x rule per your own figures provided here)...so at that time IF they still do it, they will pull forward your unused EUC from your previous benefit year. When they pull forward the unused EUC, they also put you back to the same benefit amount you were receiving in that previous benefit year when you were receiving that EUC. So you would go back to the $494 after you exhaust your new, regular UI.
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Old 04-07-2010, 05:02 PM
 
Location: Boone, NC
1,155 posts, read 3,148,476 times
Reputation: 282
Quote:
Originally Posted by kowska View Post
I just filed a new claim for a second benefit year, as the first ran out on 3/27/2010. I was fired from my job a year ago, and the commission ruled in my favor... On this new claim I had to explain all over again what happened and such.

Will the commission just look at the past record and their ruling, or will I have to wait once again for a determination? Last time I think it took up to 8 weeks!
Did you file online or on the phone? If so, then you need to contact someone at ESC to "4/98" (erase) the discharge issue from your new claim. It does no good to suggest it now, but you should have visited the office to file in person in your circumstance. When an issue has been previously adjudicated, as yours had, when a new benefit year is started the claim is filed as "lack of work" in the new benefit year if it's the same last employer. That way the issue isn't having to be addressed again when it was already taken care of.

I'm not entirely sure, but you may get lucky and the system will recognize the past adjudication and just ignore the issue on the new claim. But I'm not sure. The ability for claimants to complete their own fact findings (statement of separation for quits and fires) online is brand new as of 3/25. So I'm not sure how the program has been written and what the system is to do in this situation. I know if you would have come into MY office, we would have just filed your claim as a "lack of work" since the issue had been previously taken care of in the prior benefit year. No muss, no fuss.

Last edited by jdljr; 04-07-2010 at 05:22 PM..
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Old 04-07-2010, 05:05 PM
 
Location: Boone, NC
1,155 posts, read 3,148,476 times
Reputation: 282
Quote:
Originally Posted by tobegone View Post
so... just so I'm clear with this - when you have to open a new benefit yr claim, actually having "enough" earnings in the applicable base periods to "qualify" for a new regular claim is nothing more than a big NEGATIVE - right?? I mean, I'm now going to get $294 (instead of the $494 I was receiving), I have to go thru a 'waiting week', and I am only qualified to draw for 13 weeks... am I missing something?? It would be better if I didn't qualify for a new claim and just had my tier 2 extension (again, $494) carried over, correct?? And after these 13 weeks of $294, what happens then? Sorry for these seemingly obvious questions - I was just sadly ignorant of these developments...
Although you might view it as a negative, it's actually a positive. You qualified for new, regular UI (which not everyone does) and thus extended out the timeframe to receive benefits (because you're not drawing from your extensions). When the 13 weeks of regular UI is up, most likely they'll then "pull forward" your unused EUC from your previous benefit year for you to draw (that same money that you would have otherwise been drawing), along with the $494 weekly benefit amount. So essentially, although the weekly benefit amount is lower, you've extended your benefits by another 13 weeks.
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Old 04-07-2010, 05:08 PM
 
Location: Boone, NC
1,155 posts, read 3,148,476 times
Reputation: 282
Quote:
Originally Posted by jskin View Post
I will try to explain it as I understand it. When Jdjlr comes on maybe he can confirm this or correct me.

Your new benefit year does require you serve a new waiting period. You'll get the 294 for 13 weeks. At that point they will first determine whether or not you qualify for any extentions in the new year. (assuming congress extends the current deadline of 4/5/10) If you do qualify for extensions ( and based on the info you gave I do not think you will) you will start over with tier 1 at your new rate of 294. If you do not qualify for extention in this new year, the left over from the first year will "pull Forward". At that point you will go back to the orignal amount of 494 for the remaining weeks in your extensions. (the rest of tier 2, 3, 4.) EB does not pull forward as it is a state program.

I have been through this and I agree that you kind of get screwed if you quailfy for the new year but not any extensions. But at least it is not all lost!

Hope this helps!
Y'all are good! I hadn't read through the replies before I posted mine, but essentially posted the same thing.
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