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Old 01-21-2011, 10:29 PM
 
Location: Ocean County, NJ
621 posts, read 1,187,358 times
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A lot of people on UF experienced the same thing. Once you are off EB whether it be for working or opening a new claim you cannot go back on to collect the remaining balance on your previous EB claim That makes no sense. But if your on an EUC tier you can go back. It does seem a%@ backwards. I can get a hold of someone I know at the DOL.
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Old 01-21-2011, 10:34 PM
 
Location: Ocean County, NJ
621 posts, read 1,187,358 times
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Quote:
Originally Posted by TaylorRothschild View Post
Tuck is correct I'm afraid. If you go off the nj dole (for employment or voluntarily) you forfeit any and all future extensions and / or claims. Dwharff that's why so many folks these days are thinking twice before taking seasonal or short-time jobs, especially in "employer rights" states like nj. I wouldn't say the cards are stacked against you in this case, more like the house of cards just fell on your head.

Good luck.
Not true. You would either go back on your old claim if you didn't earn enough or start a new claim and revert back to your original EUC tiers and then collect any new tiers that may be available if you qualified on your new claim.

The only issue here stopping your EB and having to restart it.
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Old 01-21-2011, 10:38 PM
 
Location: Wisconsin
14,431 posts, read 19,367,852 times
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Quote:
Originally Posted by TaylorRothschild View Post
Tuck is correct I'm afraid. If you go off the nj dole (for employment or voluntarily) you forfeit any and all future extensions and / or claims. Dwharff that's why so many folks these days are thinking twice before taking seasonal or short-time jobs, especially in "employer rights" states like nj. I wouldn't say the cards are stacked against you in this case, more like the house of cards just fell on your head.

Tuck is talking about multiple claim situation on EB only. Your statement is NOT CORRECT relative to state benefits and EUC extension benefits. People in all states are on and off unemployment for years. If there are unused tier benefits from earlier claims, they are allowed to collect those benefits as long as EUC legislation is in place.

EB can only be paid on the most recent claim. If the NJ claim is dwarff's last and most recent claim, he should be able to exhaust those benefits.
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Old 01-21-2011, 10:45 PM
 
91 posts, read 115,696 times
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And I am even MORE confused
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Old 01-21-2011, 10:49 PM
 
Location: Wisconsin
14,431 posts, read 19,367,852 times
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Quote:
Originally Posted by dwharff View Post
And I am even MORE confused
That's why you need to contact NJ.

Good luck.
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Old 01-22-2011, 02:25 PM
 
Location: Ocean County, NJ
621 posts, read 1,187,358 times
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I contacted a friend of mine about this:

If you go off EB at all, you cannot be placed back on. That is pretty much the universal umbrella. I don't understand it at all. Why would you be able to go back on an EUC Tier but not EB?
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Old 01-23-2011, 03:24 AM
 
Location: New Jersey
3,814 posts, read 8,098,253 times
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Quote:
Originally Posted by Tuck91NYG View Post
I contacted a friend of mine about this:

If you go off EB at all, you cannot be placed back on. That is pretty much the universal umbrella. I don't understand it at all. Why would you be able to go back on an EUC Tier but not EB?
Because the EUC Tiers and EB are governed by different laws (EUC Tiers - federal; EB - federal and state), and by different regulations (EUC Tiers - same eligibility as for regular benefits; EB - more stringent eligibility requirements).
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Old 01-23-2011, 01:07 PM
 
Location: Ocean County, NJ
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So if you go off EB for any reason, say take a two week full-time job, and you have 10 weeks left of EB, you cannot go be placed back on EB?
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Old 01-23-2011, 02:31 PM
 
Location: Wisconsin
14,431 posts, read 19,367,852 times
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Quote:
Originally Posted by Tuck91NYG View Post
So if you go off EB for any reason, say take a two week full-time job, and you have 10 weeks left of EB, you cannot go be placed back on EB?
I think I may have found the answer to this. It is in the federal regs - 20CFR 336.14 which appears to relate to first 13 weeks of EB. Key word in definition is "consecutive."
Quote:
336.14
Extended benefit period.
(a) Defined. An extended benefit period consists of seven consecutive 14-day registration periods.
(b) Beginning date. In the case of unemployment benefits, an extended benefit period begins with the first day of unemployment after the day on which the employee exhausts his or her rights to normal unemployment benefits. In the case of sickness benefits, the beginning date is the first day of sickness after the employee exhausts normal sickness benefits. Such first day of unemployment or first day of sickness must be within the same benefit year with respect to which the employee exhausted normal unemployment or normal sickness benefits, as the case may be. However, no extended benefit period may begin on any day of unemployment or sickness prior to the date on which the employee acquired 10 years of railroad service.
(c) Ending date. An employee's extended benefit period ends on the 97th day after it began [13 weeks]. If an employee attains age 65 during an extended sickness benefit period, such extended benefit period will terminate on the day next preceding the date on which the employee attains age 65, except that it may continue for the purpose of paying benefits for his or her days of unemployment, if any, during such extended period. If an extended sickness benefit period terminates because the employee has attained age 65, and if at that point the employee has rights to normal sickness benefits, the employee will be paid normal sickness benefits if he or she is otherwise entitled to payment thereof.
Code of Federal Regulations / Title 20 - Employees' Benefits /
Vol. 1 / 2010-04-01551

(d) Maximum number of compensable days. Extended benefits may be paid for a maximum of 65 days of unemployment (or 65 days of sickness, as the case may be) within an employee's extended benefit period. [13 weeks]

DURATION OF NORMAL AND EXTENDED BENEFITS
Except, I happened on the CT DOL website which goes into a lot of detail on EB. Nowhere does it say if a claimant accepts employment and discontinues EB for two weeks, they cannot resume. Nor does it say they can. They are specific on "work search disqualfication" which means they may lose EB if they perform inadequate work search and must return to work for four weeks to requalify for EB:

Quote:
12. Does EB have special disqualifications[SIZE=3]?[/SIZE] Yes. Failure to meet the EB work search requirements or to accept suitable work in any given week will result in a denial of further benefits until you have worked in at least four (4) weeks and earned four (4) times your weekly benefit amount.

Unemployment Insurance Benefit Extensions Frequently Asked Questions
So, that brings up the question:

If "consecutive" is universal to states, why is it
  • OK to perform an inadequate work search, lose EB, go back to work for 4 weeks and then again be eligible for EB, but
  • it is not OK to accept work, be laid off and then go back on EB?
This makes no sense.

So, do the states have different rules on this? NJ does have the 4-week earnings requirement to requalify for EB in the case of misconduct which contradicts what Tuck was told that once off you cannot go back on EB.

I would think disqualification for misconduct or inadequate work search would require a greater penalty than GETTING A JOB??

Last edited by Ariadne22; 01-23-2011 at 03:22 PM..
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Old 01-23-2011, 03:29 PM
 
Location: New Jersey
3,814 posts, read 8,098,253 times
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Quote:
Originally Posted by Ariadne22 View Post
I think I may have found the answer to this. It is in the federal regs - 20CFR 336.14 which appears to relate to first 13 weeks of EB. Key word in definition is "consecutive."
Except, I happened on the CT DOL website which goes into a lot of detail on EB. Nowhere does it say if a claimant accepts employment and discontinues EB for two weeks, they cannot resume. Nor does it say they can. They are specific on "work search disqualfication" which means they may lose EB if they perform inadequate work search and must return to work for four weeks to requalify for EB:

So, that brings up the question:

If "consecutive" is universal to states, why is it
  • OK to perform an inadequate work search, lose EB, go back to work for 4 weeks and then again be eligible for EB, but
  • it is not OK to accept work, be laid off and then go back on EB?
This makes no sense.

So, do the states have different rules on this? NJ does have the 4-week earnings requirement to requalify for EB in the case of misconduct which contradicts what Tuck was told that once off you cannot go back on EB.

I would think disqualification for misconduct or inadequate work search would require a greater penalty than getting job.
Once again, this is the difference between federal and state rules.

Federal regs require consecutive collection of EB which cannot be interrupted by work. That is effective in all states.

However, in addition to that federal reg, the states can also set their own requirements for EB.

That's why some states allow you to re-qualify for EB if a misconduct penalty disqualifies you from starting EB at all (state penalty). For example, in New Jersey, the re-qualification is only an option if you have not yet begun EB because of penalties (state reg).

Other states allow you to re-qualify if you begin EB but lose it because of not meeting EB requirements. For example, in CT if you started EB, but then lost it due to inadequate work searches (state penalty), but you can subsequently re-certify if you meet the additional employment requirements (state reg).
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