How is CA interpreting HR 4213? (employment, Congress, appeal, program)

[Ariadne22]

SoCal has not been on this board since March 22, posting primarily because of his HR4213 experience which was an anomaly/atypical due to the early nature of his case, SoCal's unusual persistence, and an unusually sympathetic ALJ.

CA (and other states) have since been quite consistent in application of a claim deferral and does not grant these on Parent Claims which expire prior to July 24, 2010.

My comments are in bold as follows:

Originally Posted by mjsinsac

SoCalAaron - I've been reading these threads and want to see if you can clarify a couple of things from HR4213.

1) My first claim was established 11/2009 and expired 11/2010. At which EDD evaluated my earnings and awarded me a NEW CLAIM. This claim expires 11/2011. I started EUC tier 1 before they awarded the new claim 11/2010. They've told me when my new claim runs out of money next week, that I will return to the EUC tier 1 and continue onto tier 2, etc.

Were the benefits of your 11/10 claim $100 or 25% lower than your 11/09 claim benefit? If so, CA should have deferred state benefits under the 11/10 claim until all EUC benefits under 11/09 claim have been exhausted.

If your benefits do not fit within these parameters, then CA is correct in putting you back on EUC Tier 1 of the 11/09 claim AFTER exhaustion of state benefits from the 11/10 claim.

I will be almost done with tier 2 when the new claim expires in 11/2011. From reading the threads, it looks like I qualify for the deferment of the new claim until I've exhausted the EUC tier 2 and tier 3 (which I would qualify for before 1/1/2012). Then after Tier 3 funds are exhausted, I would then begin the third NEW claim that they would establish in 11/2011, but defer.

Is this correct?

YES. Provided CA views the 11/09 claim as your Parent Claim, you should be allowed to exhaust those tier benefits before beginning state benefits on your 11/11 claim. You might need to fight a bit on this. So far, there haven't been any reports on CD that I've seen where a third claim was deferred in favor of a first claim, but your situation does fit the guidelines.

Also, fwiw, CA will not necessarily establish a new claim for you on 11/11 unless you have worked during this past benefit year and have sufficient earnings for a new claim.

Also, fyi, any claimant collecting EUC benefits is subject to quarterly evaluation for a new claim, so if you have sufficient earnings, a new claim could be established for you as early as July or October. The 11/11 bye does not preclude another new claim prior to that date.

...

[mjsinsac]

Originally Posted by mjsinsac
SoCalAaron - I've been reading these threads and want to see if you can clarify a couple of things from HR4213.

1) My first claim was established 11/2009 and expired 11/2010. At which EDD evaluated my earnings and awarded me a NEW CLAIM. This claim expires 11/2011. I started EUC tier 1 before they awarded the new claim 11/2010. They've told me when my new claim runs out of money next week, that I will return to the EUC tier 1 and continue onto tier 2, etc.

Were the benefits of your 11/10 claim $100 or 25% lower than your 11/09 claim benefit? If so, CA should have deferred state benefits under the 11/10 claim until all EUC benefits under 11/09 claim have been exhausted.

If your benefits do not fit within these parameters, then CA is correct in putting you back on EUC Tier 1 of the 11/09 claim AFTER exhaustion of state benefits from the 11/10 claim.

My second claim which EDD filed for me 11/10 was based on the fact that I had earnings from my previous employer in an eligible quarter and that I have worked part time since being laid off. This second claim that began 11/10 will run out of money by the end of May 2011. At that point, I go back onto EUC from Claim #1. I will be on EUC from claim #1 when claim #2 expires in 11/11. Both claim #1 and claim #2 were both a benefit of $450 per week.

I will be almost done with tier 2 when the new claim expires in 11/2011. From reading the threads, it looks like I qualify for the deferment of the new claim until I've exhausted the EUC tier 2 and tier 3 (which I would qualify for before 1/1/2012). Then after Tier 3 funds are exhausted, I would then begin the third NEW claim that they would establish in 11/2011, but defer.

Is this correct?

YES. Provided CA views the 11/09 claim as your Parent Claim, you should be allowed to exhaust those tier benefits before beginning state benefits on your 11/11 claim. You might need to fight a bit on this. So far, there haven't been any reports on CD that I've seen where a third claim was deferred in favor of a first claim, but your situation does fit the guidelines.

Also, fwiw, CA will not necessarily establish a new claim for you on 11/11 unless you have worked during this past benefit year and have sufficient earnings for a new claim.

I have worked part time the entire time I've been unemployed and meet the guidelines for a new claim as I've earned more than $1300 in a quarter. CA established claim #2 based on earnings from my employer that laid me off in the last quarter of eligibility and the fact that I had worked part time and earned $1300 in a quarter.

Also, fyi, any claimant collecting EUC benefits is subject to quarterly evaluation for a new claim, so if you have sufficient earnings, a new claim could be established for you as early as July or October. The 11/11 bye does not preclude another new claim prior to that date.

Can you help me understand this? If I qualify for a new claim (claim #3), it would still be after HR 4213 date of effect of July 2010. So what happens if in July 2011 they file a new claim for me? Will I continue on my EUC tiers 1 and 2? Based on my anticipated income I will qualify for EUC tier 3 before the end of 12/2011 which would then give me all of EUC tier 3 to use. So what happens after tier 3 EUC is used? Would I then start the new claim (claim #3) or would I have to refile?

[Ariadne22]

Originally Posted by mjsinsac

Can you help me understand this? If I qualify for a new claim (claim #3), it would still be after HR 4213 date of effect of July 2010. So what happens if in July 2011 they file a new claim for me? Will I continue on my EUC tiers 1 and 2?

If CA establishes a new claim for you in July, you can continue on Claim 1 tiers provided that Claim 3 benefit is $100 or 25% lower than the EUC benefit under Claim 1. If the benefit is again $450/week, you will need to exhaust those state benefits before resuming Claim 1 tiers.

In that event, you will be running into an EUC eligibility issue, as EUC expires December 31, 2012. In other words, if you are collecting state benefits at that point, and the EUC legislation is not extended, you will not be able to continue on the tiers until Congress enacts further extensions.

Based on my anticipated income I will qualify for EUC tier 3 before the end of 12/2011 which would then give me all of EUC tier 3 to use. So what happens after tier 3 EUC is used? Would I then start the new claim (claim #3) or would I have to refile?

If you are collecting tier 3 into 2012, yes, you should be able to then collect your Claim 3 state benefits after Tier 3 is exhausted.

You would not need to refile as the claim still exists, it has just been deferred.

....

[mjsinsac]

Ok so one more question. If they establish claim #3 in July 2011 and I continue on EUC tier 1, 2 and 3 because claim #3 is only $157 instead of the $450 and I use tier 3 through August 2012...wouldn't my new claim #3 have already expired since it was established in July 2011 or does it get a new expiration date of one year from when I start it?

[Ariadne22]

Originally Posted by mjsinsac

Ok so one more question. If they establish claim #3 in July 2011 and I continue on EUC tier 1, 2 and 3 because claim #3 is only $157 instead of the $450 and I use tier 3 through August 2012...wouldn't my new claim #3 have already expired since it was established in July 2011 or does it get a new expiration date of one year from when I start it?

You have until June 9, 2012 to exhaust any Tier benefits from Claim 1 EUC. That is the last day any EUC benefits can be paid under the current legislation. If Congress extends the legislation, of course, that date can change.

If there is no federal extension, then CA will pay your third claim state benefits.

If there is a federal extension and you work enough that your tier benefits are not exhausted by July 2012, then state benefits from Claim 3 could be lost. You need to call CA for a definite answer on this - whether under the Deferred New Claim Payment Program state benefits can be paid beyond the bye. I think not, but I do not know for certain.

However, as I said earlier, if you continue to work there is a high probability CA will establish yet another new claim before your third claim bye so the issue may be moot.

[mjsinsac]

Thanks. I think it is a waiting game at the moment. I have worked the entire time, but I work for a college as a student assistant while I finish my masters. I'm not taking classes any more, just enrolled in one unit of continued education until the thesis is done. As a student, EDD determined I did not have earnings that count towards working because the university does not pay EDD on my earnings. So when I claim my wages and show them proof with paystubs, they then had to investigate. So I don't know if they will determine a new claim or not because their system only shows the wages I claim, they don't show wages from my employer. Sounds like I will know more in July. If they don't establish a third claim then I will just use the EUC on tier 3 until it runs out in June unless it is extended.

Have you heard anything about extensions? I know unemployment went back up to 9% nationwide.

Thanks for all your info.

[Ariadne22]

Political climate not conducive to further extensions. Even some states which can pay EB at no cost won't amend their legislation to do so on the principle govt should not be spending money. Don't plan on extensions unless unemployment takes a major uptick by the end of the year and, even then, very questionable.

[mjsinsac]

Wondering how the political climate is going to look with elections and the unemployment rate going back up again. I also haven't heard much about the 99ers and their quest for more benefits.

[Harvy]

Hi....I have a claim that was filed in Oct 2009. On Oct 2nd 2011, I received notification that EDD had filed a new claim for me based on a two week temporary job I did in July. I've worked on and off from Nov 2110 til Aug 6th this year but the only job where the employer chose to put me on payroll was the two week one in July. The others are all 1099...not through my choice but through the necessity of taking any job that was offered to me, regardless of whether it was payroll or not.

I received a letter saying that I qualified for the Deferred New Claim Payment Program...and they put me on it for one week. Then my tiers ran out and on Oct 8th they put me on the new claim that they filed based on that 2 week temp job. My benefits are now 93 dollars a week as opposed to 450!

I have appealed and am waiting for my hearing date....but just read on your forum that Sep Fed Edd extension only applies to the last claim. I have also been informed that that last claim they filed for me does not entitle me to any extension at all.

Is there anything I can do here? Is there any valid argument I can present? It feels so wrong because if I hadn't had payroll work, I would be able to access the 20 weeks left in the Sep Fed ED extension. I thought that was what the HR4212 program was introduced to fix! Thanks.

[Ariadne22]

EUC and Fed-Ed (aka Extended Benefits) are two separate programs with separate funding parameters. HR4213 applies to EUC only. Unless you are successful convincing CA to void your new claim in its entirety, Fed-Ed will not be payable on your prior claim ever. Fed-Ed is only payable on the most recent claim as you've read.