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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.
I beg to differ. For answers regarding unemployment generally and specifics of the EUC legislation, this forum is absolutely great. Over time, the knowledge gained from the information sharing is terrific.
Of course, each state differs in how it qualifies people, in particular on base earnings and alternate methods, but usually that information can be obtained from the individual state websites.
Original base period for first time claims is always the preceding 18 months, from whch is excluded the quarter in which claim is filed and the quarter preceding that, except when earnings are insufficient which is when the alternate methods are used which methods can vary by state.
Don't know how long you've been reading the unemployment forum, but it is repeatedly stated the claimant should check their state website or call their state office for confirmation on matters like that. In particular, the agents at every state office are more, or less, (usually the latter) informed, so if a claimant can call at least knowing the basics, it is a lot easier to determine if they are getting the right information or not. We've had people call four different times and get four different answers.
On recertifying, in WI, I had to do nothing in order to recertify. No call to UE - nothing. Wisconsin is very unusual in that regard. Got a letter saying if I wanted to establish a new claim year I should call. If I knew nothing about EUC, the earnings test after one year, etc., I would have called. Because of everything I learned on this forum, I knew what the procedure would be and left well enough alone and didn't stress myself out trying to telephone for an answer on that confusing letter, and my original claim has continued without interruption.
I respectfully suggest you read through some of the older threads. Especially some of those relating to California. Enlightening to say the least and the information shared has been extremely helpful to the CA people.
On NJ and employment matters in general, diorgirl is an enormous repository of information which never ceases to amaze me.
I could go on and on......
Last edited by Ariadne22; 11-15-2010 at 02:37 PM..
Just stating what I thought. And, I don't need UI. Fortunately. UI can be confusing, even as a worker, because the laws and rules seem to change weekly. Always call for verifcation of any questions, or look at the website. And I was not discussing recertifying, but requalifying wages for a new claim or to re-open an existing claim.
I believe you said that you did work off and on during this time. Please keep in mind that the EDD looks at your earnings on a quarterly rolling average. There is a chart you can look at on the EDD site explaining this. So, in any given quarter, you may have earned enough money to knock down your benefits. With this in mind, it may be more beneficial to you to let a claim period come close to expiring before filing a new claim - especially if you're getting decent benefits. Also, with the quarterly earning chart, it definitely makes a difference WHEN you file. Best of luck to you!
Im still waiting on my letter that tells me when my phone interview will be. I was reading another thread on here about someone who never got their appointment letter, lol doesnt surprise me. They did suspend my benefits, so I better be hearing from them soon.
On another note, I didn't know about the policy of not being able to cancel a claim once a check has been cashed and cashed the first check I got on the new claim because I NEEDED the $$ that bad. I know, just making a screwed up situation more difficult.
Im planning on not being able to get back on my old claim. They say the interviewer has 10 days to make a judgmental on my claim situation, so hopefully theres some subjective human sympathy there, bc it looks like that's what I'll need to get back on my old claim..
Any advice on how I should approach this phone interview? What angle should I take?
It is not a sympathy issue. It is about law, and money. This is business. If a claimant is on an extension, and eligible for a new claim, then the new claim with new wages take precedence. The only angle you could look at, is what quarters are they looking at? Could it be possible for them to backdate your claim to when you had a higher quarter of earnings...I doubt it, but it could be a possibility. Did you work in any other states? Don't discuss much about your self employment, that could be an issue for them to look at...
No, I'm sorry jasper, but you're wrong. The angle to take is that section 3 of HR4213 which was passed, signed and became federal Public Law 111-205 states that if a initiating new claim reduces a claimant's weekly benefit amount by either $100 or 25% then the original, higher amount has to be paid instead of the new amount. The states have four different options to choose from when it comes to bookkeeping, but all four options result in the original amount being paid one way or another.
The only sticky issue I see is that the text of the law prefaces each of the options by saying "The State shall, if permitted by State law..." and maybe California believes that state law does not permit them to move on any of the options, but I don't believe that to be the case. And in fact some people on this forum have been successful in getting EDD to pay them their original benefit amounts in this situation.
cloot310, the thing to do is read and understand the text of this law, have it on hand to read to the interviewer should get an interview and also have a web address that they can go to to look it up themselves during the interview.
Jasper is right that this is about law, but the law is on your side this time. Know your rights and be sure of them, don't waffle or seem unsure. This is the law and it's in your favor. If the EDD disregards it, they are in violation of federal law. I wouldn't come across as threatening, but it's helpful for you yourself to understand that they are in the wrong in this situation.
Of course, once again, all of this depends on EUC being extended by congress, which seems less and less likely, so it may not matter. However, any funds that remain on the EUC extension you were currently receiving should still be dispersed to you before you have to go to the reduced amount.
There is also the issue of effective date of Section 3 of HR4213 which is the date of the last extension, July 22. However, like I told cloot a page or two ago, CA is not consistent about anything, so he can very well cite HR4213 and, since they have already, in a few cases, agreed to pay the higher benefit, they may just accept this argument.
Anyone reading the CA threads would know that CA does not follow the law - even when they have agreed to.
So, I just had my phone interview and the results are basically what I expected - the rep completely denied any knowledge of HR4213 even after I read her the law. Once I tried to direct her to the law online, she said if it wasn't on the EDD site, it did not apply.
A few direct quotes: "If there is such a law, we would know about it;" "I'm not familiar with that law;" "Our decisions are based on our regulations at EDD, and if there was such a law put into place, we would know about it." The best one was after I asked her if she could look into HR4213 as it pertains to my situation: "I don't have the time to research something that is not on the EDD website."
At least I didn't get the excuse about their computer systems not being able to accommodate the law.
So, I basically am waiting 24-48 for their decision. She seemed to think that I could collect the remaining balance on my last extension, but didn't seem too optimistic about me begining a new extension on my old claim.
UPDATE: I just got a call back from EDD literally 10 mins ago. The lady looked into my advice about HR4213 and *NEWSFLASH* she learned of a "brand new program" in EDD called the Deferred New Claimant Program that addresses HR4213. She said the computers are still being updated to accommodate this. So, EDD has finally acknowledged the Federal law. Its a whole new Dept in EDD that reviews these situations.
That said, it probably won't work for me since me extensions began before July 2010 and this only applies to ppl who began extensions after July. Its good news for the rest of you though.
the rep completely denied any knowledge of HR4213 even after I read her the law. Once I tried to direct her to the law online, she said if it wasn't on the EDD site, it did not apply. .
A few direct quotes: "If there is such a law, we would know about it;" "I'm not familiar with that law;" "Our decisions are based on our regulations at EDD, and if there was such a law put into place, we would know about it." The best one was after I asked her if she could look into HR4213 as it pertains to my situation: "I don't have the time to research something that is not on the EDD website."
CA is going to plead ignorance of HR4213 whenever they can get away with it. Per stories on the CA threads, only contacting your legislators has an effect, and that still results in a bi-weekly fight. Interviewer was probably telling the truth about her lack of knowledge. CA has never formally informed any of its agents about HR4213, I'm willing to bet
Quote:
Originally Posted by cloot310
So, I basically am waiting 24-48 for their decision. She seemed to think that I could collect the remaining balance on my last extension, but didn't seem too optimistic about me begining a new extension on my old claim.
Hmph - so there might be hope yet to collect at least what remains of your other tier at the higher benefit.
Thanks for the update.
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