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Old 09-20-2010, 04:16 PM
 
Location: Boone, NC
1,155 posts, read 3,149,573 times
Reputation: 282

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Quote:
Originally Posted by squareWave View Post
It appears that for those affected by this change, there were effectively two possible scenarios when you applied for your subsequent benefit year;

Scenario 1 - You don't meet the earnings requirements for a brand new year, so instead a "dummy year" is setup and funded by the unused remainder of extensions you qualified for in your first year, if you have anything left.

Scenario 2 - You meet the requirements for a second year and the amount and length of your benefits are calculated anew.

It looks like many of us should have been subject to Scenario 1 but were instead treated as in Scenario 2. They are now trying to retroactively change it back to the way it was supposed to have been from the beginning. I'm just hoping that whatever behind-the-scenes monetary calculations are required to reconcile those two scenarios are done before the issuance of overpayment notices, i.e. I hope we don't just get overpayment notices (and for the time being cut off) and only then are able to initiate the "pull forward" from the first year.

If I am correctly calculating my remaining extensions from the first year, I should have about half of Tier 2, all of Tier 3 and 4, and EB (?). I'm still a bit confused as to how our EB will be treated since we did receive a second round of Regular UI (even though it was by mistake).
Nice summary, thanks!
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Old 09-20-2010, 04:20 PM
 
Location: Boone, NC
1,155 posts, read 3,149,573 times
Reputation: 282
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.
The bill signed in August extended the EUC program. For those that had already exhausted their Tier 1-4, it didn't do anything. It didn't add any money, only extended the expiration date of the program.

You should be able to transition into the next tier if it's before Nov 27th. If not, and if they don't extend the program, you would just finish whatever tier you're drawing from at that time, and then possibly be eligible for EB.

Not everyone who qualifies for the max automatically draws 99 weeks. EB is part of the 99 weeks, and if someone has a disqualification on their claim they would not be able to draw their EB, thus being capped at 79 weeks.
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Old 09-20-2010, 04:24 PM
 
Location: Boone, NC
1,155 posts, read 3,149,573 times
Reputation: 282
Quote:
Originally Posted by kenneth2816 View Post
Wish I had found this forum earlier, looks like there are a lot of answers and some good support. My 1st benefit year ended Sunday. I had 26 weeks regular UIC and 20 (or maybe just 19) weeks of Tier 1.

you know the only time i saw someone face-to-face was when I first applied. I got almost one years worth of work search records to dump on somebdoy (lol).

My question(s)> Do I need to file a new claim and can I do this online? I understand that Tier 2 is `13 weeks, which would push me to the extension deadline of Nov 27th then I guess I am done??

On another note... man...I am 57 years old...hard for me to even get in the door to talk. i know there are a lot of hurt and afraid people in our country so I won't bore you with my story...

But any info pertaining to my questions would be really appreciated.
Hang on to your worksearches in case you're asked for them, otherwise you don't need to turn them in. Yes, you can file a new benefit year online. If you qualify for new, regular UI you'll start there. Otherwise, a dummy benefit year will be established and your unused extension money transferred to your dummy benefit year for you to draw. In that case, if you exhaust whatever tier you're in by Nov 27th, you'd move to the next higher tier. If not, you'd finish out whatever tier you're in. It's unknown at this point whether or not the EUC program will be extended again but if it is, you should be able to continue until you reach the end of Tier 4.
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Old 09-20-2010, 05:33 PM
 
7 posts, read 33,191 times
Reputation: 10
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.

Just to chime in on this. I live in Florida but follow this forum as jdjlr's info is priceless to anyone that is stuck in this Unemployed mess.

As far as this being a Federal thing for all states, i believe all states have different requirement's that they follow for this, In florida it is a 3X rule as i went through it. I ended my 1st Benefit year and was eligible for new claim in my 2nd year only after i had worked and earned 3X my weekly benefit amount.
Also in N.C. i believe it has to be earned in Covered employment ( W-2 wages )
Where in Florida it can be earned in Uncovered employment ( 1099, mowing lawns Ect. )

If you google North Carolina Statutes 96-12 Benefit's you can find more about this requirement.

Just wanted to chime in and add my 2 cents that each state handles it different as far as how much money need's to be earned to meet the X Rule requirement and also that in some states it must be in Covered Employment and in some states it can be in uncovered employment.

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Old 09-20-2010, 06:05 PM
 
28 posts, read 48,408 times
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Quote:
Originally Posted by jdljr View Post
The bill signed in August extended the EUC program. For those that had already exhausted their Tier 1-4, it didn't do anything. It didn't add any money, only extended the expiration date of the program.

You should be able to transition into the next tier if it's before Nov 27th. If not, and if they don't extend the program, you would just finish whatever tier you're drawing from at that time, and then possibly be eligible for EB.

Not everyone who qualifies for the max automatically draws 99 weeks. EB is part of the 99 weeks, and if someone has a disqualification on their claim they would not be able to draw their EB, thus being capped at 79 weeks.
Thanks so much for the info. You are a Blessing!!
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Old 09-20-2010, 06:08 PM
 
Location: Boone, NC
1,155 posts, read 3,149,573 times
Reputation: 282
Quote:
Originally Posted by motley69 View Post
Just to chime in on this. I live in Florida but follow this forum as jdjlr's info is priceless to anyone that is stuck in this Unemployed mess.

As far as this being a Federal thing for all states, i believe all states have different requirement's that they follow for this, In florida it is a 3X rule as i went through it. I ended my 1st Benefit year and was eligible for new claim in my 2nd year only after i had worked and earned 3X my weekly benefit amount.
Also in N.C. i believe it has to be earned in Covered employment ( W-2 wages )
Where in Florida it can be earned in Uncovered employment ( 1099, mowing lawns Ect. )

If you google North Carolina Statutes 96-12 Benefit's you can find more about this requirement.

Just wanted to chime in and add my 2 cents that each state handles it different as far as how much money need's to be earned to meet the X Rule requirement and also that in some states it must be in Covered Employment and in some states it can be in uncovered employment.
Thanks for the info! Yes, I do believe while it is a federal requirement, states can set their own numbers. Whereas NC used to be 10x the average weekly wage, they've reduced it to 6x to try and give the claimant an advantage. Other states may be different. But other states also have a lower maximum weekly benefit amount, too. If I remember correctly, NC's maximum weekly benefit amount is far higher than FL's, so maybe that's why FL doesn't require wages earned to be as high as NC to qualify for a subsequent benefit year.

And as you've stated, in NC wages earned must be from covered (W2) employment.
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Old 09-20-2010, 08:08 PM
 
193 posts, read 257,947 times
Reputation: 16
thanks! its so friggin confusing man.. I spent 2 hrs on the phone with them today.. and yes, they played dumb
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Old 09-21-2010, 03:37 PM
 
Location: North Carolina
572 posts, read 1,408,725 times
Reputation: 490
Raleigh is #1...again....
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Old 09-21-2010, 04:11 PM
 
Location: Boone, NC
1,155 posts, read 3,149,573 times
Reputation: 282
Quote:
Originally Posted by jdmchic00 View Post
thanks! its so friggin confusing man.. I spent 2 hrs on the phone with them today.. and yes, they played dumb
Played dumb regarding the retro'ing of the 6x rule? Hmmm. I had an email today from my regional claims specialist saying that the latest info is they're running the programming Wednesday (tomorrow) night to implement this. She was giving us a heads up to expect phone calls Friday and Monday.

Incidentally, I think what will happen is for anyone that did not meet the 6x rule for new benefit years filed back to 1/3/10, all of their weeks of regular UI paid out since then will be reversed, and then replaced with either EUC or EB from their previous benefit year. This will not result in an overpayment for everyone and, in fact, may result in an underpayment (and adjustment payment going out) for some folks (those folks that began a new benefit year with a lower weekly benefit amount, whereas had they not qualified for that new benefit year they would have continued their unused extension money from their previous benefit year at the higher weekly benefit amount).

It's tricky and hopefully will be a smooth changeover for those affected.
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Old 09-21-2010, 04:55 PM
 
656 posts, read 1,022,937 times
Reputation: 34
Quote:
Originally Posted by jdljr View Post
Played dumb regarding the retro'ing of the 6x rule? Hmmm. I had an email today from my regional claims specialist saying that the latest info is they're running the programming Wednesday (tomorrow) night to implement this. She was giving us a heads up to expect phone calls Friday and Monday.

Incidentally, I think what will happen is for anyone that did not meet the 6x rule for new benefit years filed back to 1/3/10, all of their weeks of regular UI paid out since then will be reversed, and then replaced with either EUC or EB from their previous benefit year. This will not result in an overpayment for everyone and, in fact, may result in an underpayment (and adjustment payment going out) for some folks (those folks that began a new benefit year with a lower weekly benefit amount, whereas had they not qualified for that new benefit year they would have continued their unused extension money from their previous benefit year at the higher weekly benefit amount).

It's tricky and hopefully will be a smooth changeover for those affected.
Thanks for the update and fingers are crossed for that scenario. Do you think they will pullforward EB (If the claimant qualifies) if the EUC pays everything, but there isn't a balance?
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