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Hello, I recently filed an appeal because I was only approved for 13 weeks, instead of the 26. I originally filed a claim in May, but then proceeded to close the claim, then re-filed in July so that the base year would give me the full 26 weeks. I did all of this through the UI with an agent face to face.
This did not really affect the amount of money I would take in, because I had a 7 week disqualification period anyway for being fired from work. (Thats another story in itself).
On Aug 2nd I had to do another claims examiner interview to determine eligibility, which was expected. I informed the agent that I did this already, to save her time. After that call was over, I received a voicemail saying they were closing my July claim, and re-opening my May claim, because I "took action" on that claim.
That action was simply me claiming weeks online, which I DID NOT receive any money for whatsoever, because of my disqualification period. I only did this, because of that is what UI instructs you to do in the pamphlet and blue handbook.
I was forced to file an appeal about this, and my entire appeal is centered on the fact that I never received money from UI on the May claim, and only certified weekly benefits because of instruction provided my their offices. I requested to have them close my May claim and use my July claim.
Does anyone here know of what I can expect with this type of an appeal?
You were making weekly claims when you knew you were approved for only 13 weeks?
Why didn't you ask to cancel the claim the day (or day after) you found out you were only eligible for 13 weeks?
I read a case where a guy canceled his NY claim to file in NJ after he received 2 weeks benefits in NY, but that's an interstate claim.
You were making weekly claims when you knew you were approved for only 13 weeks?
Why didn't you ask to cancel the claim the day (or day after) you found out you were only eligible for 13 weeks?
I read a case where a guy canceled his NY claim to file in NJ after he received 2 weeks benefits in NY, but that's an interstate claim.
The base period wasn't in question here - just which state would be paying benefits.
OP's situation requires a change in base year and that is the problem. NJ, of course, prefers a smaller claim to a larger one, because this is all state money now. With such a small claim - 13 weeks - doubtful if there will be any EB benefits attached to that, misconduct notwithstanding, whereas by waiting three months her base period wages might create eligibility for another 13 weeks, and EUC if Congress extends the legislation, and EB if she is able to work a sufficient amount to get that misconduct disqualification lifted.
Of course, OP should appeal. I'll be interested to learn the result.
Last edited by Ariadne22; 08-03-2011 at 09:58 PM..
You were making weekly claims when you knew you were approved for only 13 weeks?
Why didn't you ask to cancel the claim the day (or day after) you found out you were only eligible for 13 weeks?
I read a case where a guy canceled his NY claim to file in NJ after he received 2 weeks benefits in NY, but that's an interstate claim.
Well, I began claiming weekly as soon as I filed. I didn't receive my monetary determination and interview until about three weeks later, because they kept calling the wrong phone number, despite my 3 attempts to change it over the phone (hour wait each time.) I went back and forth over the phone to get a monetary appt numerous times. I cancelled the claim once I found out it was an option. Everywhere on the number UI websites and literature tells you to claim weekly regardless of circumstance. I made sure to copy and paste that literature in my appeal.
The base period wasn't in question here - just which state would be paying benefits.
OP's situation requires a change in base year and that is the problem. NJ, of course, prefers a smaller claim to a larger one, because this is all state money now. With such a small claim - 13 weeks - doubtful if there will be any EB benefits attached to that, misconduct notwithstanding, whereas by waiting three months her base period wages might create eligibility for another 13 weeks, and EUC if Congress extends the legislation, and EB if she is able to work a sufficient amount to get that misconduct disqualification lifted.
Of course, OP should appeal. I'll be interested to learn the result.
My claim for July was the full 26 weeks, and about 75$ more per week. Being my original claim was may 22, the difference was only 6 weeks. I followed instructions to the best of my knowledge, never actually received money from them, and also had the may claim cancelled, and July opened through the UI office. I am hoping these things help me, or I am in a world of trouble.
My claim for July was the full 26 weeks, and about 75$ more per week. Being my original claim was may 22, the difference was only 6 weeks. I followed instructions to the best of my knowledge, never actually received money from them, and also had the may claim cancelled, and July opened through the UI office. I am hoping these things help me, or I am in a world of trouble.
Do you know exactly what earnings are included in your first claim - from when to when? It should be Jan 2010-Dec 2010. The new claim, if you are successful, would include earnings from April 2010-March 2011, unless NJ is using alternate method #2. However, alternate methods are only used if a person doesn't qualify using the normal base period calculation. New York State will use the calculation most advantageous to the claimant. That is not true of NJ.
Irrelevant, really, if NJ refuses to cancel your first claim. Let us know what happens.
Last edited by Ariadne22; 08-03-2011 at 11:13 PM..
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