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Old 11-14-2011, 03:44 PM
 
1 posts, read 1,232 times
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I hope someone can help me in understanding what is going on with my claim. Any info would be much appreciated.

I filed my first ever unemployment claim 11/2010 and received a weekly benefit amount of $143. My claim expired 11/2011, a week before my claim expired I called EDD to ask what my next step should be/if I needed to file a new claim. He said i could file a claim 1 - 5 days before my claim expired, and since it was within that time frame, he would go ahead and file for me. He told me the new claim "was for tax purposes for Uncle Sam" and to disregard the paperwork I would receive in the mail. Of course, I looked at the paperwork I received and my weekly benefit amount went from $143 to $59.

From my understanding, EDD based my earnings for this new claim off of the few weeks I was worked before I was laid off in 2010 (meaning before I filed for unemployment in the first place). I have been unemployed for a full year, I understand their logic, but that SUCKS. I am hoping someone will tell me I am wrong..

1. A week before my claim expired, i started a new extension. Am I correct in believing that I can collect from that extension WITH my original benefit amount of $143, on the new claim?

1a. If the above is true, will I then collect my new amount of $59 when the extension runs out?

2. OR, should I listen to what the EDD guy said and disregard the paperwork, because by some miracle, I am protected under HR4213 and i can continue collecting my original $143?

Oh please let it be number 2... I have been reading these forums for DAYS. I've collected as much info as I could, but I am not too knowledgeable when it comes to this. And of course, EDD phones are busy.
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Old 11-14-2011, 04:33 PM
 
Location: Wisconsin
25,599 posts, read 56,624,452 times
Reputation: 23465
My comments in bold:
Quote:
Originally Posted by KaidD View Post
I filed my first ever unemployment claim 11/2010 and received a weekly benefit amount of $143. My claim expired 11/2011, a week before my claim expired I called EDD to ask what my next step should be/if I needed to file a new claim. He said i could file a claim 1 - 5 days before my claim expired, and since it was within that time frame, he would go ahead and file for me. He told me the new claim "was for tax purposes for Uncle Sam" and to disregard the paperwork I would receive in the mail. Of course, I looked at the paperwork I received and my weekly benefit amount went from $143 to $59.

From my understanding, EDD based my earnings for this new claim off of the few weeks I was worked before I was laid off in 2010 (meaning before I filed for unemployment in the first place). I have been unemployed for a full year, I understand their logic, but that SUCKS. I am hoping someone will tell me I am wrong..

Since your claim expired after July 23, 2010, you are eligible for California's Deferred New Claim Payment Program. They should be mailing you on that, as well, within a day or two. If you don't get anything, call them.

If CA determined new claim eligibility on the basis of earnings BEFORE your original claim was filed AND you have not worked at all since you've been collecting benefits, you might want to appeal the establishment of this new claim in order to preserve Fed-Ed benefits on your original claim.

1. A week before my claim expired, i started a new extension. Am I correct in believing that I can collect from that extension WITH my original benefit amount of $143, on the new claim?

CA, under the DNCP, will defer payment of your new claim at the lower amount until you have exhausted your current tier at the higher amount. If Congress extends unemployment legislation beyond December 31, 2011, CA will continue to pay you the higher amount on your remaining tiers before beginning payment on your new claim at the lower amount.

Fed-Ed benefits are no longer available on your original claim. They are paid only on the last claim. Again, CA may have made an error in establishing this new claim.

1a. If the above is true, will I then collect my new amount of $59 when the extension runs out?

Yes. See above.

2. OR, should I listen to what the EDD guy said and disregard the paperwork, because by some miracle, I am protected under HR4213 and i can continue collecting my original $143?

That is what he meant. But, if you don't receive anything from CA in the next few days, call them.
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