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Hello, am in Illinois and have been out of full time work 2 years now. I have been working part time the the last year and half making $120 or so a week while collecting $385 a week on benefits. I am currently on 3rd week of the 4th tier of my 1st year benefits as they put me back on my 1st year extensions after my Second year regular benefits ended( I qualified for 2nd year last year and was paid $315 a week. I just certified today and after the call it said that a new year has been established(woud be my 3rd year) and I will get details in mail. If they do establish a new year the amount will be tiny like $55-$60 a week. Since this amount is $100/25% less would I stll be able to stay on my tier 4 and then move on to EB of 20 weeks? What will happen and what options do I have? Anyone help...Thanks so much
Essentially, you are entitled to benefits from this new lower claim and the three remaining weeks of Tier 4 from your first claim. New claims void any rights to EB from a prior claim.
EB on your first claim @ $385 was immediately lost when the new claim for $315 was established. This new claim of $60/wk voids any rights to EB on your second claim which paid $315. EB is only payable on the last/most recent claim, if that claim qualifies.
Further, since your third claim was established before you began receiving EUC on your second claim, those EUC benefits are no longer available to you, either. EUC attached to a claim must be paid prior to the bye of a claim or before the establishment of a new claim, whichever comes first. The only EUC remaining for you now are the remaining 3 weeks from Tier IV of your first claim.
Your first claim needs to have expired after July 24, 2010 in order to be potentially eligible for HR4213. Illinois is pretty good about applying HR4213 where applicable. Third claims muddy the waters, but they might allow it so that you can exhaust Tier 4 before beginning new state benefits.
thanks for response...what about 2nd year claim extended benefits as I never got any of those off my $315 rate? Am I entitled to those?
No. See below:
Quote:
Originally Posted by Ariadne22
Essentially, you are entitled to benefits from this new lower claim and the three remaining weeks of Tier 4 from your first claim. New claims void any rights to EB from a prior claim.
Further, since your third claim was established before you began receiving EUC on your second claim, those EUC benefits are no longer available to you, either. EUC attached to a claim must be paid prior to the bye of a claim or before the establishment of a new claim, whichever comes first. The only EUC remaining for you now are the remaining 3 weeks from Tier IV of your first claim.
Aridanne, so once you qualify under a new claim, even if you are put back on your first claim, you will not be able to go on 13 to 20 weeks of Federal benefits that are paid based on the unemployment triggers, correct? If Congress passed laws to keep things as they are, you would finish out your tiers and then begin that 2nd lower claim, correct?
Aridanne, so once you qualify under a new claim, even if you are put back on your first claim, you will not be able to go on 13 to 20 weeks of Federal benefits that are paid based on the unemployment triggers, correct? If Congress passed laws to keep things as they are, you would finish out your tiers and then begin that 2nd lower claim, correct?
Yes. The EB and EUC programs are different, the payment parameters different.
In the case of multiple claims, unexhausted Extended Benefits are only payable on the last claim, if that claim qualifies.
In coldwater's case, he was collecting EUC on his first claim. Since EB is only payable on the last, most recent claim, the second claim voided his rights to EB on the first claim. The third claim voided his rights to EB on the second claim. However, he is able to exhaust his EUC tier benefits from Claim 1 because they were begun before his bye.
EUC is also not available on his second claim because he did not receive EUC payments from the second claim before its benefit year end.
Last edited by Ariadne22; 02-14-2012 at 03:44 PM..
Yes. The EB and EUC programs are different, the payment parameters different.
In the case of multiple claims, unexhausted Extended Benefits are only payable on the last claim, if that claim qualifies.
In coldwater's case, he was collecting EUC on his first claim. Since EB is only payable on the last, most recent claim, the second claim voided his rights to EB on the first claim. The third claim voided his rights to EB on the second claim. However, he is able to exhaust his EUC tier benefits from Claim 1 because they were begun before his bye.
EUC is also not available on his second claim because he did not receive EUC payments from the second claim before its benefit year end.
So will I get the remaing few weeks of my tier 4 or just get the $60 a week from my new claim next time I file? I also still have my part time job of $120 a week so I will probablly not qualify for new claim anyway right?? As i make more then my tiny claim amount...
So will I get the remaing few weeks of my tier 4 or just get the $60 a week from my new claim next time I file?
Yes.
Quote:
Originally Posted by coldwater2008
I also still have my part time job of $120 a week so I will probablly not qualify for new claim anyway right??
Yes, they won't pay you. Your rights to benefits under that claim expire in one year.
You should try to get IL to pay those remaining fews weeks of Tier IV under HR4213 if they don't do it automatically.
If they refuse, appeal. Payment of benefits is suspended during an appeal. In your case, suspension doesn't matter because you won't be paid anyway as long as you earn more than your benefit.
Yes, they won't pay you. Your rights to benefits under that claim expire in one year.
You should try to get IL to pay those remaining fews weeks of Tier IV under HR4213 if they don't do it automatically.
If they refuse, appeal. Payment of benefits is suspended during an appeal. In your case, suspension doesn't matter because you won't be paid anyway as long as you earn more than your benefit.
Thanks again Ariadne!! I checked today and a new claim w/ $61 a week was established. I called and talked to an agent who had no idea about HR4213. I asked for manager and she said that they are automatically reviewed by a committee and it might take 2-4 weeks and there was nothing she could do. Is this the normal waiting time or are they blowing smoke,, what do you think i should do?
Up to this point, Illinois has automatically applied HR4213. The third claim has complicated matters. You will need to formally request this.
Let us know what happens.
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