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Old 03-12-2011, 06:05 PM
 
34 posts, read 56,771 times
Reputation: 11
Default Benefit Year ended in middle of EUC, filed new claim

So, I lost my job last March and began receiving unemployment benefits until I got a freelance (1099) gig which lasted about 6 months, at which point I reopened the claim and have been claiming ever since, sans one week when I had another freelance gig which has since ended.

My benefit year ended on Sunday and I was instructed to file a new claim with the understanding that the new claim would be denied and then I would continue on my EUC (since all the work was freelance/1099, I know it doesn't qualify me for a new claim.

But my question has to do with how the new claim is determined. When I filed for the new claim, I was asked information about employers from the last 18 months, which would include the job I was originally let go from. Does this mean that I could possible qualify for a new claim based on the job I had a year ago? That doesn't make a whole lot of sense to me, if so, but I was wondering since they asked about employers from the last 18 months ago. I also don't want for my claim to be messed up and be entitled to less benefits for any reason, though I believe a new claim would entitle me to the same weekly benefit amount.

What do you think? I'm in NY, by the way.
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Old 03-12-2011, 07:12 PM
 
Location: San Diego
189 posts, read 564,631 times
Reputation: 77
OK, deleted it. Happy??? However, it does show up below, lol.

Last edited by Desertdarlene; 03-12-2011 at 08:06 PM..
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Old 03-12-2011, 07:34 PM
 
Location: New Jersey
3,814 posts, read 7,900,358 times
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Quote:
Originally Posted by Desertdarlene View Post
Yes, your new benefit year is based on your highest quarter from about 18 months if you are in California. If you refile in March of this year, your benefit is based on earnings from October 2009 to December 2010. In my case, the new benefits are lower.

The only two exceptions is that if you didn't earn more than $900 a quarter and at least $1300 in earnings during that base period, then you would continue on your tiers. If your new claim is 25% or $100 less than your old claim, you may be eligible for a deferred new claim and might, possibly, continue on with your tiers.

If you get a new claim, though, and you exhaust it, you would continue on your tiers for the original claim.
The OP stated that he is collecting in New York, so the figures provided for California are not applicable...

Quote:
Originally Posted by rich a View Post
So, I lost my job last March and began receiving unemployment benefits until I got a freelance (1099) gig which lasted about 6 months, at which point I reopened the claim and have been claiming ever since, sans one week when I had another freelance gig which has since ended.

My benefit year ended on Sunday and I was instructed to file a new claim with the understanding that the new claim would be denied and then I would continue on my EUC (since all the work was freelance/1099, I know it doesn't qualify me for a new claim.

But my question has to do with how the new claim is determined. When I filed for the new claim, I was asked information about employers from the last 18 months, which would include the job I was originally let go from. Does this mean that I could possible qualify for a new claim based on the job I had a year ago? That doesn't make a whole lot of sense to me, if so, but I was wondering since they asked about employers from the last 18 months ago. I also don't want for my claim to be messed up and be entitled to less benefits for any reason, though I believe a new claim would entitle me to the same weekly benefit amount.

What do you think? I'm in NY, by the way.
Asking about any employment for the last 18 months is routine. It allows them to look at the wages during your last quarter of employment -- as well as any W-2 earnings you had while collecting unemployment.

From what you have said, you should not qualify for a new claim, and should resume collecting your original claim.
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Old 03-12-2011, 07:48 PM
 
34 posts, read 56,771 times
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Thanks diorgirl. That was the idea I had, so now it's just a waiting game for me while they determine if I qualify for a new claim...hopefully it doesn't take too long.
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Old 03-12-2011, 07:50 PM
 
Location: San Diego
189 posts, read 564,631 times
Reputation: 77
I didn't see that last statement as I am positive that it wasn't there before I had posted my response.
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Old 03-12-2011, 07:50 PM
 
Location: New Jersey
3,814 posts, read 7,900,358 times
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Quote:
Originally Posted by rich a View Post
Thanks diorgirl. That was the idea I had, so now it's just a waiting game for me while they determine if I qualify for a new claim...hopefully it doesn't take too long.
Other members have reported here that New York is pretty prompt with the re-certification at the BYE (benefit year end), so you should be fine.
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Old 03-12-2011, 10:32 PM
 
330 posts, read 861,611 times
Reputation: 140
Quote:
Originally Posted by rich a View Post
So, I lost my job last March and began receiving unemployment benefits until I got a freelance (1099) gig which lasted about 6 months, at which point I reopened the claim and have been claiming ever since, sans one week when I had another freelance gig which has since ended.

My benefit year ended on Sunday and I was instructed to file a new claim with the understanding that the new claim would be denied and then I would continue on my EUC (since all the work was freelance/1099, I know it doesn't qualify me for a new claim.

But my question has to do with how the new claim is determined. When I filed for the new claim, I was asked information about employers from the last 18 months, which would include the job I was originally let go from. Does this mean that I could possible qualify for a new claim based on the job I had a year ago? That doesn't make a whole lot of sense to me, if so, but I was wondering since they asked about employers from the last 18 months ago. I also don't want for my claim to be messed up and be entitled to less benefits for any reason, though I believe a new claim would entitle me to the same weekly benefit amount.

What do you think? I'm in NY, by the way.
Yes. It could mean that you could qualify for a new claim from a job a year ago. Did you get any serverance pay when you were laid off?
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Old 03-13-2011, 07:56 AM
 
34 posts, read 56,771 times
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Even if I've already had a claim on that job and have worked since (on 1099)? My first claim was on the job I lost a year ago.

No, I didn't get any severance pay.
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Old 03-13-2011, 11:57 AM
 
330 posts, read 861,611 times
Reputation: 140
Quote:
Originally Posted by rich a View Post
Even if I've already had a claim on that job and have worked since (on 1099)? My first claim was on the job I lost a year ago.

No, I didn't get any severance pay.
According to NY UI laws. It says to be eligble for a new claim, you had to have earned at least 1600 in a based period and 1.5 times your high quarter earnings in total wages.

The department reviews your wages earned from the first 4 out of 5 completed quarters in your base period.

When you first filed for UI in of March 2010, the wages you earned for quarter ending March 31, 2010 were not calculated into your benefit amount. In March 2011, your 2nd claim year (if you earned enough to qualify), those wages you earned in quarter ending 3/31/10 wiil now be calculated.
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Old 03-13-2011, 12:15 PM
 
34 posts, read 56,771 times
Reputation: 11
Well, that really sucks then, because that means my benefits will be cut since my high quarter wages will be less. If they are calculating based on my high quarter wages of covered employment, then the only quarter there is is the Jan-Mar 2010 where I didn't even work one of those months, correct? Or would my high quarter wages still be the same because of my covered employment in the quarter for Oct-Dec 2009 (at the same company, same wage)?
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