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I recently had to re certify my unemployment claim after I been on it for a year. I worked a part time job during this year and when I went to re certify my claim on 9/1/10 they told me my new benefit amount was being reduced from $300 a week to $42 a week.
I know in July of this year legislation was passed to protect people in my situation from being penalize if their benefit amount was being reduced by $100 or 25%.
After telling the Representative this she denied any law was passed and after being passed around on the phone I finally had a supervisor admit that the law is on the books but California has no procedure in place to file new claims under the new law and I have to collect the new benefit amount until they come up with something.
Remember this law was passed in July and were in September and they still have no procedure in place to pay out the benefit amount I'm entitled to.
Does anyone know anyway to speed this process up. I asked to appeal the new amount but the supervisor told me I can't appeal anything because I wasn't denied benefits. Is this true? That don't sound right. I don't believe anything they tell me now after being lied to by three different people regarding the law that was passed.
Any advice or tips that can lead me in the right direction to get this fixed would be appreciated. Thank you.
Ok, Unfortunately you are going to have to wait. Step in line, behind me. LOL I've been waiting a long time but my circumstances are a little different.
You have the date you originally opened your claim. From that date until a year passes, is your "benefit year". You obviously received 26 weeks and were on an extension and your benefit year ended. So, you had earnings in that year and may be eligible for a "state funded" new claim. It's a requirement that you file it and collect any benefits on it before you can continue on your extensions. In my case, my benefits went down to $89 a week and I had worked about 2 1/2 months full time so it sounds like you did about the same. Sooooo..... probably around 11 weeks of $82 a week "until they come up with something. I sooo feel your frustration.
Ok, Unfortunately you are going to have to wait. Step in line, behind me. LOL I've been waiting a long time but my circumstances are a little different.
You have the date you originally opened your claim. From that date until a year passes, is your "benefit year". You obviously received 26 weeks and were on an extension and your benefit year ended. So, you had earnings in that year and may be eligible for a "state funded" new claim. It's a requirement that you file it and collect any benefits on it before you can continue on your extensions. In my case, my benefits went down to $89 a week and I had worked about 2 1/2 months full time so it sounds like you did about the same. Sooooo..... probably around 11 weeks of $82 a week "until they come up with something. I sooo feel your frustration.
That how it used to be before the new law was signed into law in July. Here what is says:
"Eliminates the penalty for part-time workers collecting unemployment benefits: Gives states the option to let UI claimants keep certain benefits if switching to state benefits would reduce their weekly UI check by at least $100 or 25 percent."
I should be able to keep my original benefit amount because I fall under their guide lines. Your right it is real frustrating knowing i'm going to be put under further hardship when there is already a federal law on the books that's supposed to help me. Thanks for the response though.
I should be able to keep my original benefit amount because I fall under their guide lines. Your right it is real frustrating knowing i'm going to be put under further hardship when there is already a federal law on the books that's supposed to help me. Thanks for the response though.
This is true.....however.... "until they come up with something...." and get your claim processed the way it should be, you're stuck with the old way. I wish we could do something about this.
As far as I can tell there's no path to get action directly through EDD, so I think the only thing to do is take it to your state congressman and/or senator. Hopefully you've got a good one. Maybe also national representatives.
Strictly speaking, EDD is now in violation of a federal law so there may be legal action that we could take, but I wouldn't know how to go about starting something like that.
I called EDD about this issue at the beginning of August since I had a temporay job offer and no one there seemed toknow about this aspect of HR4213. They "elevated" my question, whihc should have meant I would get a call back in a couple days with an answer. I never gota call back, though. Apparently because they never came up with an answer. I ended up taking the job on the assumption that this stuff would be worked out by the time the job ends and then my benefit year expires...but maybe I was wrong.
Location: The Chatterdome in La La Land, CaliFUNia
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This is especially messed up since EDD will penalize us if we turned down work. I've been working part-time the entire claim period with some gaps due to lack of work so my earnings were considerably less. Fortunately as my claim period is nearing its end, I find myself earning way more than EDD would pay so I don't need to refile my claim. I just pray that things continue this way for me as I cannot live off of reduced benefits due to the requirement of accepting work.
This is especially messed up since EDD will penalize us if we turned down work. I've been working part-time the entire claim period with some gaps due to lack of work so my earnings were considerably less. Fortunately as my claim period is nearing its end, I find myself earning way more than EDD would pay so I don't need to refile my claim. I just pray that things continue this way for me as I cannot live off of reduced benefits due to the requirement of accepting work.
EDD is real messed up when it comes to that. What happen to me was that I got hurt on the job. I had two jobs at the time and the doctor took me off work for both. After I got released to go back to work my main job wouldn't take me back so I got laid off.
My other job, which was part time told me I could come back but he only had one shift available, 1 day a week for only 3 hours that paid $8 a hour.
I figure it would be useless to take it, but when I told EDD about it they told me if turned it down that would disqualify me for any benefits.
So because of that I'm in the situation that I'm in now.
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Just to update my situation, EDD is still giving me the run around and not paying me my higher benefit amount. The lady I talked to today even denied a law was pass, I had to speak to her supervisor.
I have emailed all the local TV station in my area and the two major newspapers in my area. I also emailed my congresswoman Laura Richardson and I have emailed the ACLU.
I hope something comes from this. I can't believe a state can go against a federal law and get away with it.
I'm sure that I'll be in the same boat as you if I have to file a new claim in January. I've been working the same part-time job even before I was terminated, and now I have three part-time jobs....
This is especially messed up since EDD will penalize us if we turned down work. I've been working part-time the entire claim period with some gaps due to lack of work so my earnings were considerably less. Fortunately as my claim period is nearing its end, I find myself earning way more than EDD would pay so I don't need to refile my claim. I just pray that things continue this way for me as I cannot live off of reduced benefits due to the requirement of accepting work.
The last extension of EUC and EB included a provision that the state cannot penalize you for working part time. I believe the bill number was HR 4213. You can see the entire bill at Washingtonwatch.com to read it yourself. Thats what people on thread are talking about, they are getting the lower amount while working part time when they should be getting the entire amount per this last extension approved thru Nov 10'.
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