U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 11-12-2010, 01:36 PM
 
Location: New Jersey
3,814 posts, read 8,075,606 times
Reputation: 917

Advertisements

Quote:
Originally Posted by cloot310 View Post
So benefit year means the period before the first extension would have taken effect? If I recall correctly, this would conflict with the other peoples claims in the threads mentioned above... And yeah, this benefit year for my first claim probably ended sometime last year. Anybody else care to chime in on this?

Also, does anybody know the appeals address for EDD in CA. Apparently you have to receive a "disqualification notice" to have the correct address and obviously they only want appeals from ppl completely denied any benefits at all... looks like Im in for a serious fight.
Your benefit year would be the 52 weeks after you file the initial claim -- regardless of whether you claim benefits for the full 52 weeks. To continue collecting past the 52 weeks, everyone in all states must file a new claim after their BYE (benefit year end)-- you have no choice.

If your state UI determines that you have accrued enough earnings since your last claim to qualify for a new claim, they open the new claim for you (again -- no choice). If you have not accrued enough earnings for a new claim, you continue on the prior claim until you exhaust those benefits.

Among other things, HR 4213 attempted to eliminate the penalty that resulted for people whose earnings during their initial benefit year qualified them for lower payments in their next benefit year. Unfortunately, this aspect of the legislation is being interpreted in different ways by different states.

To appeal the amount of your benefits payment, request the address/fax number from your local UI office.
Reply With Quote Quick reply to this message

 
Old 11-12-2010, 03:33 PM
 
Location: Wisconsin
14,387 posts, read 19,207,943 times
Reputation: 6883
Quote:
Originally Posted by choosing78 View Post
Not to throw a wrench into this but I believe the effective date of this legislation is the date they use to determine if you have to file a new claim (depending on what option the state chose). Meaning when the legislation passed this piece was going forward for any new claims expiring. If you're benefit year ended in (for eg) March/2010 you are SOL but if your benefit year ended August/2010 you would qualify to stay in EUC.
OP may or may not be successful in getting CA to put her back on her old benefit at this time depending on how strictly CA chooses to interpret HR4213. One argument CA has, as choosing98 states, is that the original claim expired Fall 09 and HR4213 does not apply.

OP could argue his/her new claim was established after passage of HR4213 - not really a valid argument if one interprets the "effective date" language literally as it relates to Benefit Year in Section 3.
Quote:
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to individuals whose benefit years, as described in
section 4002(g)(1)(B) the Supplemental Appropriations Act, 2008
(Public Law 110–252; 26 U.S.C. 3304 note), as amended by this
section, expire after the date of enactment of this Act.

http://frwebgate.access.gpo.gov/cgi-...213enr.txt.pdf
However, CA has been inconsistent in how it has been handling this amendment, so anything is possible. As noted from other posters, even when they have 'won' they still need to fight for their benefits. In CA, I get the impression the right hand doesn't know what the left is doing. Probably still doesn't on this issue. An appeal is worth a shot, imo.

And, again, should EUC be extended so that payments continue beyond April 30, 2011, based on past CA practice, OP should be able to resume her tiers when her state benefits run out from this new claim until the next payment cutoff date. However, for now, the possibility of an extension remains a big IF.

Last edited by Ariadne22; 11-12-2010 at 03:59 PM..
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 04:06 PM
 
66 posts, read 58,611 times
Reputation: 23
Thanks for the info guys.

All I can do is be as squeaky of a wheel as I can. I know the appeals process in CA is meant only for people who are denied ANY benefits, so they might try to toss mine out as they did the other person on here since I am getting something.

That said, I emailed EDD about my situation the night I get the bad news and here is what they said:

[SIZE=3]You wrote us the following:
Hello. I have a big problem. I spoke to an EDD employee about a month ago who recommended that I apply for a new claim since I was eligible. On my previous claim, I was nearing the end of my first extension. I filed and was awarded a new claim, but my weekly amount is less than HALF of my old claim. I worked for five months this year at the same pay rate as my previous jobs and was self employed for several months prior to this, so I believe my new weekly amount may be incorrect. Is there ANY way I can resume my old claim for now? I have numerous financial obligations including a $15,000 student loan and was barely getting by at the previous amount. Essentially, this has ruined my life for the moment. I did not have to file for a new claim at this time and could have began a new extension on my old claim this month. Again, this was recommended to me by an EDD employee. PLEASE help me.....

Here is our reply:
The EDD has scheduled you to a telephone interview to resolve an issue of eligibility. Interviews are conducted by phone within the timeframe and date stated on the Telephone Interview Notification and Instruction notice DE4800/Z/ mailed to you. Should the interviewer call and find you not available, the decision regarding your eligibility will be based on the information available to the Department. The Caller ID will display as "PRIVATE," so please be sure to answer your telephone during the specified time. You may be asked to call 1-800-300-5616, or an alternate phone number may be left by the interviewer. The EDD interviewers have 10 days after the telephone interview to determine your eligibility. All checks/benefits are on hold until a Determination decision has been made by the Department. If the department finds you eligible, benefit payments will be processed for all certified eligible weeks. Please allow 7-10 days for mailing benefit checks. If the department finds you not eligible A Notice of Determination, DE 1080, will be mailed to you. If you do not agree with the decision, you may file an appeal within twenty (20) days of the mail date of notice.[/SIZE]

I know its just a form letter, but it concerns me. They say they've temporarily canceled my current claim until I get my phone interview even though they just awarded me a claim a week ago. It's weird.

@Ariadne22: Yeah, Ive lived here almost my entire life and CA is an extremely screwed up state in terms of govt, policies and corruption. Sometimes I feel like I live in a third world country. Im a he by the way.
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 04:41 PM
 
Location: top secret
375 posts, read 724,343 times
Reputation: 255
You should have asked them what the difference was before you applied for a new claim.
They cut your benefits by more than half -- and that hasta hurt.
Sounds to me they were trying to $#@& you out of your old claim.
From what I hear about the CA EDD that wouldn't surprise me at all.
Granted your new claim may last longer but can you live on that amount??
I'd at least try and appeal it for what it's worth.
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 04:45 PM
 
18,868 posts, read 16,018,212 times
Reputation: 24936
No, if you are eligible for a new claim, based on wages from first four quarters of the last five, that is in effect, you are not eligible for the benefits of an extended claim if you are eligible for a new claim on new employment.
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 04:54 PM
 
Location: Wisconsin
14,387 posts, read 19,207,943 times
Reputation: 6883
Quote:
Originally Posted by cloot310 View Post
Quote:
All checks/benefits are on hold until a Determination decision has been made by the Department.
I know its just a form letter, but it concerns me. They say they've temporarily canceled my current claim until I get my phone interview even though they just awarded me a claim a week ago. It's weird.
What they have done is suspend payment on your current claim, not cancel it, until your phone interview.

I have read that in other states it is possible to withdraw a claim application if done quickly. Perhaps you have that option in CA, as well, although Jasper is correct on earnings review. CA is unpredictable, however. You might get lucky. http://bestsmileys.com/fingers/1.gif (broken link) Wonder when they would have got around to reviewing your claim if you hadn't called?

Do let us know what happens.

Last edited by Ariadne22; 11-12-2010 at 05:04 PM..
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 06:00 PM
 
18,868 posts, read 16,018,212 times
Reputation: 24936
A claim cannot be withdrawn once a week has been filed, if he answered the questions, even for the waiting week, he cannot withdraw that claim.
Reply With Quote Quick reply to this message
 
Old 11-12-2010, 06:01 PM
 
Location: New Jersey
3,814 posts, read 8,075,606 times
Reputation: 917
Quote:
Originally Posted by GM1258 View Post
You should have asked them what the difference was before you applied for a new claim.
They cut your benefits by more than half -- and that hasta hurt.
Sounds to me they were trying to $#@& you out of your old claim.
From what I hear about the CA EDD that wouldn't surprise me at all.
Granted your new claim may last longer but can you live on that amount??
I'd at least try and appeal it for what it's worth.
If the OP had reached her BYE, it was not her option to file a new claim. Filing a new claim at that point is routine -- and required.
Reply With Quote Quick reply to this message
 
Old 11-15-2010, 07:35 AM
 
140 posts, read 360,380 times
Reputation: 72
Quote:
Originally Posted by jasper12 View Post
A claim cannot be withdrawn once a week has been filed, if he answered the questions, even for the waiting week, he cannot withdraw that claim.
This is incorrect, the check has to be cashed.

"A claim can be canceled within 30 days of receiving the Notice of Unemployment Insurance award, if no benefits have been cashed." This is from the EDD Guide to Benefits and Employment Services on canceling a claim.

It is interesting to note though, that as Diorgirl said, once we're eligible to file a new claim, if we want to continue receiving any benefits at all, we HAVE to file a new claim. Perhaps the option of canceling the claim is not even an option. It wouldn't surprise me!

Last edited by chelebelle; 11-15-2010 at 08:39 AM.. Reason: correct pub.
Reply With Quote Quick reply to this message
 
Old 11-15-2010, 03:09 PM
 
18,868 posts, read 16,018,212 times
Reputation: 24936
Different states must have different laws regarding UI, that is why a forum like this is not good for answers on UI, because it varies. Even the base period, and requalifying wages vary.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top