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Old 09-20-2010, 08:43 AM
 
656 posts, read 998,531 times
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Quote:
Originally Posted by Rvestal View Post
jdljr, I haven't been on in a while but I have a question. With the bill that passed in August(I think) will that extend everyones unemployment? I have been drawing approx 68 weeks. My 2nd benefit year ends 1/23/11. I am currently on Tier 1 I believe. Will I get Tier 2-4? I heard of 99rs but I am not sure what that is. Does everyone who qualifies for the max draw for 99 weeks? I am confused and my unemployment may stop in November. I am currently in school and will get my degree in May. If I draw through January 22nd I will be fine but if not I will lose my house.
Hi!
jdljr can answer this, however you may want to refer to page 292(jdljr's post at the top).
There are new developments, that may affect you with your benefits.
If you started a 2nd year after Jan 1st 2010, you'll possibly be affected by this also....(ugh)

Goodluck,
KC
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Old 09-20-2010, 08:51 AM
 
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yes, I read this and think I will be affected. Not sure how I will be affected yet. I haven't had time to get on here and look into this. Thanks KC-Carolina
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Old 09-20-2010, 08:54 AM
 
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Quote:
Originally Posted by squareWave View Post
Does this mean that those affected by this will have their current (subsequent) benefit year halted immediately and told to re-pay what they have already received during the year? I began my 2nd benefit year at the end of February and did not earn 6x the avg. wage during my first benefit year, so I believe I will be among those affected by this ruling. I thought because I still had enough wages in my base period that I had met the necessary requirements to establish the subsequent benefit year. This could be bad.
Not sure what 6x the average means? How do you compute if you were overpaid?
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Old 09-20-2010, 08:55 AM
 
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Quote:
Originally Posted by bartlett View Post
I have worked in the construction industry all my life and this is the worse I have ever seen!
My 2nd benefit year ends first week of November and my 99 week max is in October. Do folks like me that run out of benefits... max out our 99 weeks just fall off the map? Jobs are not even close to coming back yet.
I know there are alot of people out there in my same situation. I am very concerned.
Hi,
It's a sad, very sad situation and I'm just about to the place your at now!

Not a big consolation, but if you have a few weeks in between your tiers ending and your benefit year date., you may be able to collect on EB state money (if your qualify)

If you had any wages in year 2, even though you collected benefits (totaling $4557.00), you may be able to try an establish a 3rd benefit year(?)
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Old 09-20-2010, 09:10 AM
 
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Quote:
Originally Posted by Rvestal View Post
Not sure what 6x the average means? How do you compute if you were overpaid?
Theres a formula they use and I'd hate to tell you wrong., I know Jdljr has posted it somewhere back a few pages ago.
But in a nut shell, it's this....
If you earned any wages during your 2nd benefit year totalling $4557.00, then you would qualify to have a 2nd benefit year and (in your case) will finish out just as you have been with your weekly benefit amount ect....

However ,now the DOL is enforcing this rule (6x)back to ALL of us that started 2nd benefit years from Jan 1 2010 on...

It was previously established that May(?) was the date and that was the 6x wage rulerfor those attempting new benefit years on or after THAT date.

Jdljr informed us that they are retroing the date back to all Jan 1 '10...(sickening)
We'll get a letter of overpayment and he's not really sure how they'll play this all out.

Will they use what we had left in year one and settle us up and pay us the difference, or what????

I hate to lay this on you, but even though it's not great news, I'm happy he's here to pass this along as he gets the news at the euc.
I sure would have had a literal heart attacki f I'd have gotten an OP letter and not known what was going on!!!!

He says the program was supposed to have run, the past 2 weeks, but hasn't, so possibly next week...?
Anyway, my 2nd year was started in Feb., sure wished they have not started me with a new year and just pulled forward my last years amount.

We'll have to play the waiting game I suppose.
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Old 09-20-2010, 09:16 AM
 
656 posts, read 998,531 times
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Quote:
Originally Posted by Rvestal View Post
Not sure what 6x the average means? How do you compute if you were overpaid?
Sorry I misread your post.
How I computed it was this......
Since this year wasn't supposed to happen, I added up what they've paid me to date, then added what I had leftover from last year.

I had 8 weeks left on tier 2, so I added that at my(higher) pay rate from year one and then also added tiers 3 and 4... hopefully EB will pullforward(?)
If that's the case I'll be fine., if not I'll be done in 3 weeks instead of the end of Nov as I planned.
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Old 09-20-2010, 09:23 AM
 
656 posts, read 998,531 times
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Quote:
Originally Posted by deerest View Post
Wow. I feel for you & all others this will impact, KC. You're right. This is just so wrong. I don't think I'm impacted since my yr#2 began at the end of Oct. last year. If this rule was on the books all this time, why did they just suddenly decide to enforce it & make it retro? We know about this thanks to jdljr & this thread. Imagine those who this will hit TOTALLY by surprise. Granted this isn;t much warning but more than most will get, I'm sure. I'm betting there will be a HUGE stink over this & I'm wondering what kind of political posturing it will result in. Awfully close to November! I'm curious to know exactly WHO is responsible for deciding to do the about face & start enforcing a rule that most are unaware ever existed!
The DOL is enforcing this ., EUC is following their rules.
And your correct in your statement (AWFULLY CLOSE TO NOV!!!)
I feel so bad for the MANY that will be in the negative from this....
We all knew the NOv 27th date was coming., Why they couldn't start new daedlines and change this all then is beyond me!
To throw a wrench in everyones lifelines 8 weeks before that date is right out CRUEL!
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Old 09-20-2010, 09:28 AM
 
656 posts, read 998,531 times
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Quote:
Originally Posted by jdljr View Post
For what it's worth, it wasn't ESC that "decided to retro the 6x rule out of the blue". It was the DOL telling ESC that we had to do it, as far as I am aware. The 6x rule isn't just a NC thing, it's a federal thing and ESC is coming into compliance with federal regulations.
Of course all news isn't going to be good news., however I really appreciate you bringing this to us.

I assume I'm like many others who aren't so great at getting OP letters by surprise in the mail.

The waiting game continues....ugh

KC
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Old 09-20-2010, 09:43 AM
 
28 posts, read 47,369 times
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Quote:
Originally Posted by KC~Carolina View Post
Sorry I misread your post.
How I computed it was this......
Since this year wasn't supposed to happen, I added up what they've paid me to date, then added what I had leftover from last year.

I had 8 weeks left on tier 2, so I added that at my(higher) pay rate from year one and then also added tiers 3 and 4... hopefully EB will pullforward(?)
If that's the case I'll be fine., if not I'll be done in 3 weeks instead of the end of Nov as I planned.

I am not sure how to compute this. I have no idea what I had left. I don't understand since the year wasn't suppose to happen? I drew 38 weeks my first benefit year and then opened a second year and qualified for 13 weeks and then 11 weeks and now 8 weeks which ends September 29th. I did earn income last year(34,000) and I make 530 a week with the 25 Federal. I have made the max the whole 68 (?) weeks I have drawn Unemployment. Thanks!!
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Old 09-20-2010, 10:37 AM
 
656 posts, read 998,531 times
Reputation: 34
Quote:
Originally Posted by Rvestal View Post
I am not sure how to compute this. I have no idea what I had left. I don't understand since the year wasn't suppose to happen? I drew 38 weeks my first benefit year and then opened a second year and qualified for 13 weeks and then 11 weeks and now 8 weeks which ends September 29th. I did earn income last year(34,000) and I make 530 a week with the 25 Federal. I have made the max the whole 68 (?) weeks I have drawn Unemployment. Thanks!!
So you had wages totaling more than $4557.99 while your benefit year was enforced? These aren't the wages that were used in your base period to setup a first year, but actual earnings you made during your benefit year.
So if that's the case that's GREAT and none of this would affect you., it's only going to affect those of us that earned none or too little of income from jobs totaling the amount they've setup.
I also worked some part time hrs here and there, but nothing totalled more than $1000,00. If you call your local office or Raleigh they can pullup your screen and tell you if you have any leftover money in from your first year.
As far as this year, when your out of your tiers and it sounds like you still have 8 weeks of tier 3 and then that will put you near the Nov 27th deadline. You may be able to collect your EB
(which for you would be 80% or 11 weeks) if you qualify and our state is still triggered on.
At least that will get you through until your benefit year ends in Jan.
Despite all of this, you sound like your in good shape
Goodluck!
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