CA EDD multiple claims & extended benefits (collecting, extension, receive)

[flowerpowerz]

Hi -
I've read some of the threads that seem to be similar to my situation but I haven't found a clear answer to my questions. Hopefully someone here can help.

FIRST CLAIM
6/21/09-6/19/10
weekly benefit $450 - these benefits were exhausted 5/22/10
Tier 1 extended benefits kicked in beginning 5/23/10-6/19/10 (when the FIRST CLAIM expired)

6/20/10 - EDD automatically filed a new claim for me, but I canceled it because I was working part-time and my pay was more than the new weekly benefit.

By September work had dried up again so I filed another claim.

SECOND CLAIM
9/26/10-9/24/11
weekly benefit $200 - these benefits were exhausted 7/9/11
Tier 1 extended benefits from the FIRST CLAIM kicked in again from 7/10/11-9/24/11 (when the SECOND CLAIM expired)

9/25/11 - EDD automatically filed a new claim for me. I am now realizing that I probably qualified for the Deferred New Claim Payment program but I was not aware of it at the time. I don't even want to think about what kind of hoops I would have to jump through to try to fix things retroactively, if it's even possible???

Anyway, this latest claim is the THIRD CLAIM.

THIRD CLAIM
9/25/11-9/22/12
weekly benefit $122 - these benefits were exhausted 3/24/12
Tier 1 extended benefits from the FIRST CLAIM kicked in again starting 3/25/12 and unless I find another job soon, they will be exhausted by 5/19/12.

Given all of that, I have two major questions:
1) When I exhaust the Tier 1 benefits from the FIRST CLAIM in a couple weeks, am I then eligible for Tier 2 benefits based on my FIRST CLAIM? Or will they switch me to Tier 1 benefits based on my SECOND CLAIM?

- To put it another way: Does EDD pay out all the extended benefits on one claim before moving to extended benefits on subsequent claims? That is, assuming for a moment that the December 2012 deadline were not a factor and I continue to qualify for the Deferred New Claim Payment program, would they pay Tier 1, 2, 3, 4 benefits on the FIRST CLAIM before moving to Tier 1, 2, 3, 4 benefits for the SECOND CLAIM and finally Tier 1, 2, 3, 4 benefits for the THIRD CLAIM?
Or do they pay all Tier 1 benefits, then all Tier 2 benefits, etc.?

2) When the THIRD CLAIM expires on 9/22/12, if I am receiving extended benefits from either my FIRST or SECOND claim, then I think I will qualify for the Deferred New Claim Payment program. If EDD files a new claim for me automatically do I have to cancel it and apply for the deferment? Or will they offer me the deferment automatically if I qualify for it?

Thanks so much to anyone who can explain this to me.

[Ariadne22]

DNCP does not apply to any of your claims. Under CA rules, the first claim on which you've received EUC is the parent claim and that parent claim must expire AFTER July 24, 2010.

Claim 1 does not qualify for DNCP because it expired before July 24, 2010 (exp. 6/19/2010).

Claim 2 tier benefits are forever lost because you did not begin them before Claim 2 bye of 9/24/11 - you were still collecting Claim 1 tier benefits when Claim 3 was established.

See FAQS:

General Tier/EB Facts:

If tier benefits are paid on a claim before its bye, under present legislation, those tiers can be resumed under a subsequent period of unemployment, provided legislation is still in place.

Unexhausted EUC benefits must be paid before current EUC benefits.

http://www.city-data.com/forum/22370378-post2.html

CA will continue paying you Claim 1 tier benefits only (Tiers 1, 2, 3 and 4) until exhausted, or establishment of yet another state claim, or December 29, whichever comes first.

[flowerpowerz]

Originally Posted by Ariadne22

CA will continue paying you Claim 1 tier benefits only (Tiers 1, 2, 3 and 4) until exhausted, or establishment of yet another state claim, or December 29, whichever comes first.

Thanks so much. Just to be sure I'm understanding this correctly - if I am not eligible for a new claim yet and it's before December 29 - if my current Tier 1 benefits for Claim 1 are exhausted, Tier 2 for Claim 1 will kick in and if those benefits are exhausted, Tier 3 for Claim 1 will kick in and if those benefits are exhausted, Tier 4 for Claim 1 will kick in. Correct?

[Ariadne22]

Originally Posted by flowerpowerz

Thanks so much. Just to be sure I'm understanding this correctly - if I am not eligible for a new claim yet and it's before December 29 - if my current Tier 1 benefits for Claim 1 are exhausted, Tier 2 for Claim 1 will kick in and if those benefits are exhausted, Tier 3 for Claim 1 will kick in and if those benefits are exhausted, Tier 4 for Claim 1 will kick in. Correct?

That is correct - assuming UE rate triggers are met. In CA, that should not be a problem. Read FAQS, Post 5 for details.

[flowerpowerz]

Thank you so much!

[happyday42]

I am in a similar situation, and overwhelmed trying to find information, until I found this website. Big thanks to all who participate to help one another out.

I am currently trying to figure out if I qualify for the Deferred Claim Program.

My first claim was 4/09, at a benefit amount of $72/week. After going on my first extension the claim was cancelled as I started full time work.

In April of 2011 I started a new claim, with a quarter earning of $22,000 and the maximum weekly benefits. When the 26 weeks ended they kicked me back to my 2009 claim of $72/week informing me of having to exhaust those benefits first.

Now, on my third tier of the 2009 claim, I stopped receiving my bi-weekly claim form and was told to apply for a new claim. The new claim is valid, but at a $40/week payment.

EDD had told me I do not qualify for the Deferred Claim Program and I am also nervous after having read so many posts that this third claim may now invalidate any chance of getting back to my 2011 claim that paid the maximum amount. Did I blunder that possibility with this third claim that they told me to file?

[Ariadne22]

Originally Posted by happyday42

I am currently trying to figure out if I qualify for the Deferred Claim Program.

My first claim was 4/09, at a benefit amount of $72/week. After going on my first extension the claim was cancelled as I started full time work.

In April of 2011 I started a new claim, with a quarter earning of $22,000 and the maximum weekly benefits. When the 26 weeks ended they kicked me back to my 2009 claim of $72/week informing me of having to exhaust those benefits first.

Now, on my third tier of the 2009 claim, I stopped receiving my bi-weekly claim form and was told to apply for a new claim. The new claim is valid, but at a $40/week payment.

EDD had told me I do not qualify for the Deferred Claim Program and I am also nervous after having read so many posts that this third claim may now invalidate any chance of getting back to my 2011 claim that paid the maximum amount. Did I blunder that possibility with this third claim that they told me to file?

EUC benefits from the 2011 claim are no longer available to you. That claim expired April 2012. You needed to have begun EUC benefits from that claim prior to the bye. You were collecting EUC from Claim1 at that time. Because of this, loss of EUC benefits on a second claim is a common occurrence.

DNCP does not apply to any of your claims. In CA, the first claim on which EUC is paid is deemed the parent claim. In order for that parent claim to be eligible for DNCP, per CA:

- your initial benefit year ends after July 24, 2010
- you have remaining entitlement to EUC on that claim
- your new claim is at least $100 or 25% less than your old one
- you did not earn enough income in another state during that initial benefit year to qualify for a new claim

http://www.city-data.com/forum/17798528-post68.html

You did not blunder in filing a new claim. You/CA didn't have a choice. EUC regs require that anyone receiving or eligible for EUC be tested for new state claim eligibility before transitioning to EUC or continuing EUC payments. The states are required to test EUC claimants quarterly (Jan, Apr, July, Oct) and at the bye.

Working while receiving benefits often results in multiple claims where HR4213 (DNCP) cannot be applied and lucrative EUC benefits from the second claim cannot be accessed, either. Unfortunately, you are classic example of this.