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Old 07-07-2011, 11:10 AM
 
167 posts, read 196,445 times
Reputation: 246
Default Multiple claims California

Facts:
1. 05.03.2009 - lost my job, filed for benefits. Application approved and the expiration date was 05/01/2010. The amount was 337$ weekly.
2. 01.01.2010 - got a job.
3. 12.02.2010 - lost my job, filed for benefits. Application approved, expiration date 12.01.2011. The amount is 450$ weekly.
4. I have exhausted my 26 weeks and they sent me now 337$ from the first claim.
5. I have wrote to EDD:
"Dear madam/sir: At 12/03/2010 I have filed a claim and I was found eligible. The sum was 450$ per week. Last week I have received a check for two weeks and found that the sum reduced to 337$ per week. 1. If it's an error, can you please be so kind and correct it. 2. If it's not an error, and the sum was reduced for a reason, can you please be so kind and send me an appealable determination for this benefits reduce. Thank you."

6. They answered:
"The reason you are now getting $337.00 per week is because you run out money on your current claim of $450.00 per week. Since you had a prior extension, you are now being pay from the extension until you are eligible for a new claim (12-10-11). Thank you.

My questions:
1. Is there anything i can do to come back to the 450$?
2. For how much UI benefits i will be eligible on the new claim, if I will not find a job?

Thank you.
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Old 07-07-2011, 11:25 AM
 
330 posts, read 809,000 times
Reputation: 140
Quote:
Originally Posted by mash123 View Post
Facts:
1. 05.03.2009 - lost my job, filed for benefits. Application approved and the expiration date was 05/01/2010. The amount was 337$ weekly.
2. 01.01.2010 - got a job.
3. 12.02.2010 - lost my job, filed for benefits. Application approved, expiration date 12.01.2011. The amount is 450$ weekly.
4. I have exhausted my 26 weeks and they sent me now 337$ from the first claim.
5. I have wrote to EDD:
"Dear madam/sir: At 12/03/2010 I have filed a claim and I was found eligible. The sum was 450$ per week. Last week I have received a check for two weeks and found that the sum reduced to 337$ per week. 1. If it's an error, can you please be so kind and correct it. 2. If it's not an error, and the sum was reduced for a reason, can you please be so kind and send me an appealable determination for this benefits reduce. Thank you."

6. They answered:
"The reason you are now getting $337.00 per week is because you run out money on your current claim of $450.00 per week. Since you had a prior extension, you are now being pay from the extension until you are eligible for a new claim (12-10-11). Thank you.

My questions:
1. Is there anything i can do to come back to the 450$?
2. For how much UI benefits i will be eligible on the new claim, if I will not find a job?

Thank you.
You did not qualify for EUC on your 2nd claim. After exhausting 26 weeks on a new claim of 450 per week, they returned you to the 337 per week of your original claim to which your EUC was based.

I think you will continue to receive the $337 per week until you earn enough so that a new claim can be filed. Usually people appeal when they are forced to accept a lower WBA after having earned enough for a new claim with a WBA which lesser than the original WBA to which EUC is based.
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Old 07-07-2011, 11:43 AM
 
167 posts, read 196,445 times
Reputation: 246
Quote:
Originally Posted by zaj2 View Post
You did not qualify for EUC on your 2nd claim. After exhausting 26 weeks on a new claim of 450 per week, they returned you to the 337 per week of your original claim to which your EUC was based.

I think you will continue to receive the $337 per week until you earn enough so that a new claim can be filed. Usually people appeal when they are forced to accept a lower WBA after having earned enough for a new claim with a WBA which lesser than the original WBA to which EUC is based.
I'm sorry, I did not understand. Do you mean that I need to appeal now? And how can I earn money while getting the WBA (weekly benefits amount?)? It's not illegal?
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Old 07-07-2011, 12:06 PM
 
330 posts, read 809,000 times
Reputation: 140
Quote:
Originally Posted by mash123 View Post
I'm sorry, I did not understand. Do you mean that I need to appeal now? And how can I earn money while getting the WBA (weekly benefits amount?)? It's not illegal?
You can appeal, but I don't know, based what you discribed, on what grounds you could prevail, because it seems as though the EDD is following the normal protocol in your case. Also, I'm hearing that if you didn't file for Fed tier benefits by Nov. 23, 2010, you won't be elgible anyway.

What you are asking, if I understand you correctly, is to be paid federal tier benefits based upon your recently completed state claim which had a weekly benefit amount of $450 as opposed to the $337 from your original claim to which also received tier benefits.

You can earn money while accepting UI, you just have to report your earnings in your weekly claim forms. If you earn more than what you are receiving in UI compensation, they won't send you a check and after some time (if you are still earning those wages) they will close your claim to which you would need to, later on, reopen or file a new claim.
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Old 07-07-2011, 01:58 PM
 
Location: Wisconsin
13,126 posts, read 16,010,948 times
Reputation: 5998
Last day to exhaust benefits on your earlier claim and file for the remaining Tier 1 benefits on your second claim would be December 31, 2011 (not Nov. 23, 2010) as stated above. If you were exhausting state benefits, last day would be December 24, 2011.

If you qualified for 26 weeks @$450/wk on your second claim, that claim should be eligible for EUC tiers. You did NOT "run out of money" on your earlier claim, other than exhausting the State of California 26 weeks' benefits.

EUC rules require, however, that all EUC benefits from an EARLIER claim be exhausted BEFORE paying EUC benefits from a later claim.

That is why you are being paid $337. Don't waste your time appealing this. Your benefits will be suspended and it may take two months for a resolution. This is federal money regulated by federal rules. An appeal to the State of California on how it disburses federal money is fruitless under these circumstances.

It is unlikely you will have exhausted all of your Claim 1 Tiers before December 23, 2011. If you do, CA will place you back on the tiers from your second claim. This is routine procedure in the event of two claims, provided there is not yet a third claim.

In the event of a multiple claim, payments are made in the following order:

Claim 1 - 26 weeks state benefits
Claim 1 - Tiers until second claim established
Claim 2 - 26 weeks state benefits
Claim 1 - Tiers until exhausted
Claim 2 - Tiers until exhausted
Claim 2 - Fed-ED if claim is eligible.

We are bumping into an expiration of federal extension legislation on December 31, 2011. Because of that, any tier on which you are collecting as of that date can be exhausted into 2012. However, there are no benefits available beyond that without further extension from Congress.

If you are transitioning to a tier, eligibility date for Tier 1 is December 24, 2011, Tiers 2,3,4 eligibility date is December 31, 2011.

Ironic, yours is the reverse of what 99% of the people are complaining about. Usually first claims provide a higher benefit than second claims.

Last edited by Ariadne22; 07-07-2011 at 02:23 PM..
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Old 07-07-2011, 06:29 PM
 
167 posts, read 196,445 times
Reputation: 246
Quote:
Originally Posted by Ariadne22 View Post
Last day to exhaust benefits on your earlier claim and file for the remaining Tier 1 benefits on your second claim would be December 31, 2011 (not Nov. 23, 2010) as stated above. If you were exhausting state benefits, last day would be December 24, 2011.

If you qualified for 26 weeks @$450/wk on your second claim, that claim should be eligible for EUC tiers. You did NOT "run out of money" on your earlier claim, other than exhausting the State of California 26 weeks' benefits.

EUC rules require, however, that all EUC benefits from an EARLIER claim be exhausted BEFORE paying EUC benefits from a later claim.

That is why you are being paid $337. Don't waste your time appealing this. Your benefits will be suspended and it may take two months for a resolution. This is federal money regulated by federal rules. An appeal to the State of California on how it disburses federal money is fruitless under these circumstances.

It is unlikely you will have exhausted all of your Claim 1 Tiers before December 23, 2011. If you do, CA will place you back on the tiers from your second claim. This is routine procedure in the event of two claims, provided there is not yet a third claim.

In the event of a multiple claim, payments are made in the following order:

Claim 1 - 26 weeks state benefits
Claim 1 - Tiers until second claim established
Claim 2 - 26 weeks state benefits
Claim 1 - Tiers until exhausted
Claim 2 - Tiers until exhausted
Claim 2 - Fed-ED if claim is eligible.

We are bumping into an expiration of federal extension legislation on December 31, 2011. Because of that, any tier on which you are collecting as of that date can be exhausted into 2012. However, there are no benefits available beyond that without further extension from Congress.

If you are transitioning to a tier, eligibility date for Tier 1 is December 24, 2011, Tiers 2,3,4 eligibility date is December 31, 2011.

Ironic, yours is the reverse of what 99% of the people are complaining about. Usually first claims provide a higher benefit than second claims.
Thank you very much for your answer. So theoretically I can get more than 99 weeks in a row, depending congress extension? (26 (second claim) + all the tiers of claim 1 + all the tiers of claim 2 + Fed-ED).
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Old 07-07-2011, 06:40 PM
 
Location: Wisconsin
13,126 posts, read 16,010,948 times
Reputation: 5998
Quote:
Originally Posted by mash123 View Post
Thank you very much for your answer. So theoretically I can get more than 99 weeks in a row, depending congress extension? (26 (second claim) + all the tiers of claim 1 + all the tiers of claim 2 + Fed-ED).
That is correct. Many people have.
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Old 07-07-2011, 06:53 PM
 
167 posts, read 196,445 times
Reputation: 246
Quote:
Originally Posted by Ariadne22 View Post
That is correct. Many people have.
I'm still confused about EDD answer to me:

"The reason you are now getting $337.00 per week is because you run out money on your current claim of $450.00 per week. Since you had a prior extension, you are now being pay from the extension until you are eligible for a new claim (12-10-11). Thank you."

So they are going to stop the benefits at 12-10-11?
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Old 07-07-2011, 08:16 PM
 
Location: Wisconsin
13,126 posts, read 16,010,948 times
Reputation: 5998
Quote:
Originally Posted by mash123 View Post
I'm still confused about EDD answer to me:

"The reason you are now getting $337.00 per week is because you run out money on your current claim of $450.00 per week. Since you had a prior extension, you are now being pay from the extension until you are eligible for a new claim (12-10-11). Thank you."

So they are going to stop the benefits at 12-10-11?
No.

CA will evaluate your earnings at your bye - 12/10/11. If there are new earnings sufficient to create eligibility for a new claim, they will open another claim for you and pay you state benefits from that. If their evaluation determines you have insufficient earnings, CA will continue paying you tier benefits from your earlier claim(s) as discussed above. Either way, you will receive unemployment benefits.
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Old 09-28-2011, 12:00 AM
 
2 posts, read 1,638 times
Reputation: 10
Default Third claim

Ariadne22 posted on 7-07-11 at 5:29:

It is unlikely you will have exhausted all of your Claim 1 Tiers before December 23, 2011. If you do, CA will place you back on the tiers from your second claim. This is routine procedure in the event of two claims, provided there is not yet a third claim.

In the event of a multiple claim, payments are made in the following order:

Claim 1 - 26 weeks state benefits
Claim 1 - Tiers until second claim established
Claim 2 - 26 weeks state benefits
Claim 1 - Tiers until exhausted
Claim 2 - Tiers until exhausted
Claim 2 - Fed-ED if claim is eligible

What is the procedure if their is a third claim?

Thanks.
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