NC Extended Unemployment

[catco]

This is an awesome forum, therefore I feel hopeful that I can get some answers for my husband. He has called the local ESC, but they say they are unable to tell him anything until his benefit year is up. Here is his situation: My husband lost his job on Dec. 15, 2008 (with a company he had worked for 29 years). His benefit year ends on January 4, 2010. What are his chances of continuing to draw unemployment past January 4, 2010? He was in a supervisory position and made a good salary--his quarterly earnings averaged around $18,000. I assume he would have to go to the local ESC and open a new claim in January? When/if he is allowed to open a new claim, how much longer will he be eligible to draw unemployment? 20 weeks...or longer than 20 weeks? We have been told by a couple of people that he could draw for another year....is that possible? Any answers/advice will be appreciated. Thanks!!!

[edvitek]

I have recently entered into year Two of unemployment (over 55 & over-qualified?). I filed a new claim and it set providing 14 weeks of benefits for year two [prior year was 26weeks @ max benefit]. This appears to sound great but read on. For both 1st and 2nd claim years, I qualify for Extended Benefits (EB) [this is tough to do for year two if you were unemployed for much of year one but working part time helps during year one when/if you can].

I had received my 5th week of EUC T2 [T2=13weeks max] for a total of 51 benefit weeks for claim year one ((51wks=26+20+5)+1wk waiting period). For claim year two, my benefits have been reset and I have lost the remaining 8 weeks of EUC2 and my length of benefits has been reduced to 14 weeks [from 26] due to the change in base period quarter earnings for the new benefit claim. [It is important to note that in many cases it may not possible to collect for the full maximum term of 13weeks for EUC T2 because of the benefit year reset [26+20+13>52]. Forget about the 79 and 99 number you heard. You loose any unused benefits if you're your benefit year resets for year two (if it doesn't reset, you continue into year two exhausting benefits entitled for year one). Correct me if I'm wrong.

This is what I've been told from Raleigh ESC counselor for my year 2:
Starting year two, I have 14 weeks at maximum benefit amount. You will get a one week waiting period before collecting any of the 14 weeks. I am now on week two of 14weeks benefit period. With the new Tier 3 and Tier 4 benefits program passed last week (this new benefit period is an amendment to EUC program), my benefit progression gets fuzzy [hopefully I will not need them]. Since EUC T1/T2 enrollment expires at the end of this year, it appears that T3&T4 take it's place but at a substantially reduced benefit period-for new benefit extension/program enrollment's after Dec 31. My understanding is that T3/T4 benefit calculation works similar to EUC T1/T2 but at substantially reduced percentages: T3 length = .54x claim year ESC benefit year length and T4 length for NC = .23x claim year ESC benefit year length. This is how they get 20 weeks for EUC T3 & T4. Thus, the maximum benefit length for T3/T4 for me is 14x(.54+.24) = 10.9 round down to 10. EB (last link in the chain) would be 0.8x14 =11wks. Due to the fact that I set a new claim in the second year, I lost 8 weeks of T2, 1 week due to new waiting period for setting new claim year, 10 weeks from T3&T4, and 9 weeks from EB. -->Tell me that my calculations are not true!<-- Also, for the case of calculations, would 10.9 benefit years round down to 10 as I've been told or will it round up to 11? (I assume it will round down to 10).

Transitioning into year two of unemployment seems to penalize people who try and do get occasional employment enough to reset their claim- but at a lower level than their first year. Hopefully, the above information for transitioning into year two is not true - otherwise it's big discouragement for trying to do the right thing as in my case 8+20+20 would have been better that what they tell me I have = 14+10+11.

[wesleyw]

I lost my job in March of this year. I waited weeks for a reply. I had several NC reps help by calling the Raliegh office. Then I get a letter saying I was denied due to termination. I was puzzled because my HR director allowed me all my vacation time and accrued benifits amd said I was released do to a Manageral descision. I called my Company an spoke to the head of HR and was told that they did not contest my recieving benefits, that the just never replied the the letter from the Raleight office. I spoke to the Adjuciary officer who denied me and was told hed made that descision because he never heard from my employer,and that if my company faxed them a letter stating that they wished me to be able to collect benifits, I would recieve them immediatly. This happenned and I am now on my 1st Tier.. My last yrs salary was over 61,000 ,will I be able to get the new EB....My benifit yr ends March 2010. My 1st tier said I had 9850.00 monetary. That active issue was Raleighs mistake will that kick me out of this new extenstion??????????

[jdljr]

Originally Posted by BoogerButt

I have a question that I can't seem to get a good answer ...any help????

I have been collecting unemployment since march 2009. I have exhausted my first 26 weeks and I am now currently collecting in my first extension ( 20 weeks) that will expire in the second week of Jan of 2010. Will I be eligible for more extensions? From what I am reading... everyone has to exhaust benefits by end of 2009 to collect any type of new extension going forward into 2010.....please clarify if you can for me! THANK YOU !!!!

I spoke with a colleague today and it is our understanding that a claim has to have been filed on or before December 20, 2009 in order to be eligible for EUC08. As it is now, that last payable week of EUC08 is in June of next year.

Of course, between now and December 20, the legislature may or may not decide to extend these dates.

[jdljr]

Originally Posted by kap1

so I just got a notice of monetary standing for tier 2 which is the same amt as I was collecting and my benefit yr ends the 30th of this mo when I reaply for new benefits I may not get this same tier 2 extension?

It depends. If you have enough money in your base period to establish a new, regular UI claim, then you'll start a whole new series of payments, starting with regular UI. When you exhaust that regular UI, you'll have to once again qualify monetarily for the extension(s). You qualify by having your total base period wages be equal to or greater than 1.5 times the high quarter in the base period. Of course, too, if you are going to start a new, regular UI claim, your weekly benefit amount will very likely be different than your current claim, as it depends what your high quarter in the base period is (take the high quarter in the base period and divide by 26 to get the weekly benefit amount).

If you don't have enough wages in the base period to establish a new, regular UI claim, then they'll set you up a new benefit year to be able to go back and collect any remaining extension money on your old benefit year. In this case, your weekly benefit amount would remain the same as you have been getting all along, until you exhaust the extension(s).

[jdljr]

Originally Posted by catco

This is an awesome forum, therefore I feel hopeful that I can get some answers for my husband. He has called the local ESC, but they say they are unable to tell him anything until his benefit year is up. Here is his situation: My husband lost his job on Dec. 15, 2008 (with a company he had worked for 29 years). His benefit year ends on January 4, 2010. What are his chances of continuing to draw unemployment past January 4, 2010? He was in a supervisory position and made a good salary--his quarterly earnings averaged around $18,000. I assume he would have to go to the local ESC and open a new claim in January? When/if he is allowed to open a new claim, how much longer will he be eligible to draw unemployment? 20 weeks...or longer than 20 weeks? We have been told by a couple of people that he could draw for another year....is that possible? Any answers/advice will be appreciated. Thanks!!!

Your husband may or may not qualify for a new, regular UI claim after his benefit year ends, it depends entirely on what's in his base period. At the time he would file a new benefit year, the base period will be the last three months of 2008 and the first nine months of 2009. He must have at least $4,550 spanning at least two of the four quarters of the base period in order to qualify to open a new, regular UI claim.

The duration of his claim also depends on what's in his base period. To calculate duration, you add up all the wages in the base period, divide the sum of those wages by the high quarter in the base period, and then multiply that figure by 8.66. Regular unemployment is payable for a minimum of 13 weeks and a maximum of 26 weeks. After those initial weeks are exhausted, he may or may not qualify for extensions. As of right now, claims filed on or before December 20, 2009 may be eligible for Tier 1 and Tier 2 EUC08, but for any claims filed after that, it's uncertain.

To qualify for any extension, his total base period wages must be equal to or greater than 1.5 times the high quarter in the base period. Simple example:

High quarter = $10,000, which means that the total base period wages must be equal to or greater than $15,000 to qualify for extensions.

If he does not qualify for a new, regular UI claim, but has extension money left on his old benefit year, he needs to attempt a new benefit year anyway, and they'll go back and set him up a new benefit year so that he can go back and collect any remaining extension money from his old benefit year.

There are people that hit it just right and qualify for two benefit years of unemployment. Others qualify for just the initial 13 weeks and nothing more. The magical determiner are the wages in the base period.

[jdljr]

Originally Posted by edvitek

I have recently entered into year Two of unemployment (over 55 & over-qualified?). I filed a new claim and it set providing 14 weeks of benefits for year two [prior year was 26weeks @ max benefit]. This appears to sound great but read on. For both 1st and 2nd claim years, I qualify for Extended Benefits (EB) [this is tough to do for year two if you were unemployed for much of year one but working part time helps during year one when/if you can].

I had received my 5th week of EUC T2 [T2=13weeks max] for a total of 51 benefit weeks for claim year one ((51wks=26+20+5)+1wk waiting period). For claim year two, my benefits have been reset and I have lost the remaining 8 weeks of EUC2 and my length of benefits has been reduced to 14 weeks [from 26] due to the change in base period quarter earnings for the new benefit claim. [It is important to note that in many cases it may not possible to collect for the full maximum term of 13weeks for EUC T2 because of the benefit year reset [26+20+13>52]. Forget about the 79 and 99 number you heard. You loose any unused benefits if you're your benefit year resets for year two (if it doesn't reset, you continue into year two exhausting benefits entitled for year one). Correct me if I'm wrong.

This is what I've been told from Raleigh ESC counselor for my year 2:
Starting year two, I have 14 weeks at maximum benefit amount. You will get a one week waiting period before collecting any of the 14 weeks. I am now on week two of 14weeks benefit period. With the new Tier 3 and Tier 4 benefits program passed last week (this new benefit period is an amendment to EUC program), my benefit progression gets fuzzy [hopefully I will not need them]. Since EUC T1/T2 enrollment expires at the end of this year, it appears that T3&T4 take it's place but at a substantially reduced benefit period-for new benefit extension/program enrollment's after Dec 31. My understanding is that T3/T4 benefit calculation works similar to EUC T1/T2 but at substantially reduced percentages: T3 length = .54x claim year ESC benefit year length and T4 length for NC = .23x claim year ESC benefit year length. This is how they get 20 weeks for EUC T3 & T4. Thus, the maximum benefit length for T3/T4 for me is 14x(.54+.24) = 10.9 round down to 10. EB (last link in the chain) would be 0.8x14 =11wks. Due to the fact that I set a new claim in the second year, I lost 8 weeks of T2, 1 week due to new waiting period for setting new claim year, 10 weeks from T3&T4, and 9 weeks from EB. -->Tell me that my calculations are not true!<-- Also, for the case of calculations, would 10.9 benefit years round down to 10 as I've been told or will it round up to 11? (I assume it will round down to 10).

Transitioning into year two of unemployment seems to penalize people who try and do get occasional employment enough to reset their claim- but at a lower level than their first year. Hopefully, the above information for transitioning into year two is not true - otherwise it's big discouragement for trying to do the right thing as in my case 8+20+20 would have been better that what they tell me I have = 14+10+11.

The system is not designed to penalize anyone. What your claim pays is ENTIRELY dictated by the wages in your base period. To calculate claim duration, you add all the wages in the base period, divide the total by the high quarter in the base period, then multiply that number by 8.66. The minimum amount a new, regular UI claim will set is 13 weeks, the maximum is 26 weeks.

Now, to calculate your extensions, again look to the base period used to calculate your initial claim. Your total base period wages must be equal to or greater than 1.5 times the high quarter in your base period to qualify. Simple example: high quarter in the base period = $10,000, which means your total base period wages would need to be equal to or greater than $15,000 to qualify for extensions.

The fewer number of weeks that your initial claim sets up for, the fewer number of weeks you'll be eligible for extensions. The formulas are the same, whether it's your first or second benefit year.

As far as T3 and T4 (as you're calling it - we don't know what to call it. We know of T1, T2, EB and the newly passed extension, yet to be named...will it be EUC08 Tier 3 or EB Tier 2??), the decimal rates you've provided are news to me. We haven't been given any specifics other than it will be UP TO 13 weeks in all states, with UP TO an additional 7 weeks in those states whose UI rates are 8.5% and above, in which NC fits, resulting in a total of UP TO 20 additional weeks. How much of those 20 weeks one qualifies for is dependent on how long their initial claim set up for. If it set for 26 weeks, then they'd get the full 20 week extension (if they qualified). If the claim originally set for 15 weeks, then the extension would be for 12 weeks (if they qualified). Of course this is assuming that the new extension will pay 80% of the original duration, as Tier 1 and EB have. We're not yet aware of any specifics about the new extension.

[BoogerButt]

Originally Posted by jdljr

I spoke with a colleague today and it is our understanding that a claim has to have been filed on or before December 20, 2009 in order to be eligible for EUC08. As it is now, that last payable week of EUC08 is in June of next year.

Of course, between now and December 20, the legislature may or may not decide to extend these dates.

Thanks for responding...You have been very kind in trying to answer so many questions from people including myself.

I assume based on your answer that I will be eligible for more extensions because I have made a UI claim on file before years end.

1) State UC= 26 weeks
2) EUC (Tier I)=20 weeks
3) EUC (Tier II) =13 weeks

I am currently in the EUC (Tier I)20 weeks and assume I will transition into EUC (Tier II) in Janurary of 2010....please let me know if thsi is correct.

Thanks for all your help !

[jdljr]

Originally Posted by wesleyw

I lost my job in March of this year. I waited weeks for a reply. I had several NC reps help by calling the Raliegh office. Then I get a letter saying I was denied due to termination. I was puzzled because my HR director allowed me all my vacation time and accrued benifits amd said I was released do to a Manageral descision. I called my Company an spoke to the head of HR and was told that they did not contest my recieving benefits, that the just never replied the the letter from the Raleight office. I spoke to the Adjuciary officer who denied me and was told hed made that descision because he never heard from my employer,and that if my company faxed them a letter stating that they wished me to be able to collect benifits, I would recieve them immediatly. This happenned and I am now on my 1st Tier.. My last yrs salary was over 61,000 ,will I be able to get the new EB....My benifit yr ends March 2010. My 1st tier said I had 9850.00 monetary. That active issue was Raleighs mistake will that kick me out of this new extenstion??????????

That active issue was not Raleigh's mistake. That active issue was caused by the neglect of your former employer to return the paperwork sent to them by the ESC. Raleigh does not send out that information for the he** of it, they expect a reply from an employer in order to make an informed decision. Without it, all they have to go by is one side of the story, so to speak. An issue was set on your claim the day you filed, when it was filed as a termination. It was not set by an adjudicator. However, because it was eventually overturned, I do believe that you may be eligible for EB.

Now, whether you qualify for an extension is based entirely on what's in your base period. Even though you made $61,000, if the wages aren't spaced out in the quarters to meet a monetary formula, you wouldn't qualify. To qualify, your total base period wages must be equal to or greater than 1.5 times the high quarter in the base period. Simple example: High quarter in base period = $15,000, means your total base period wages must be equal to or greater than $22,500.

Now, should your high quarter be really high, like say $50,000, and you had three lower quarters (but your total was $61,000) then your total base period wages would need to be equal to or greater than $75,000 to be eligible for extensions. So if you have a really high quarter, sometimes that can prevent you from meeting the 1.5 times rule.

As far as the "new" EB, there has been no information disseminated to the local offices as far as who will qualify, what the effective date will be, etc. Hopefully soon.

[jdljr]

Originally Posted by BoogerButt

Thanks for responding...You have been very kind in trying to answer so many questions from people including myself.

I assume based on your answer that I will be eligible for more extensions because I have made a UI claim on file before years end.

1) State UC= 26 weeks
2) EUC (Tier I)=20 weeks
3) EUC (Tier II) =13 weeks

I am currently in the EUC (Tier I)20 weeks and assume I will transition into EUC (Tier II) in Janurary of 2010....please let me know if thsi is correct.

Thanks for all your help !

Yes, that is correct to the best of my knowledge. You should automatically transition into the next extension since you qualified for the first extension and because your benefit year was filed on/before December 20, 2009.