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Old 10-01-2012, 06:02 PM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Exclamation Has anyone had a problem reopening a claim (CA EDD)?

Hello everyone,

First of all, I'd like to thank everyone who contributes to this forum, as it has been a world of help to me, and I'm sure to many others.

I have recently exhausted all tiers of unemployment here in CA. My benefit year begins and ends in March. While receiving extension payments, I had a new claim filed that had a weekly benefit amount which I felt would give me some breathing room once my extended benefits ran out. However, after filing to reopen my claim, the EDD has started a new claim for me, and did not reopen my active claim that has a claim ending date of March 2013.

Perhaps I missed a check mark when reopening my claim online. Has anyone else had this problem?

Thanks in advance!

DSLGal
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Old 10-01-2012, 06:36 PM
 
Location: Wisconsin
13,854 posts, read 17,832,289 times
Reputation: 6477
Quote:
Originally Posted by DSLGal View Post
I have recently exhausted all tiers of unemployment here in CA. My benefit year begins and ends in March. While receiving extension payments, I had a new claim filed that had a weekly benefit amount which I felt would give me some breathing room once my extended benefits ran out. However, after filing to reopen my claim, the EDD has started a new claim for me, and did not reopen my active claim that has a claim ending date of March 2013.
When you say "reopen" - do you mean immediately after exhausting extension benefits from Claim 1 - or was there a gap between when you exhausted benefits and then applied to resume benefits?

Also, have you been working while collecting benefits? If so, when?

Please provide exact specifics on all claims.
  1. Claim expiring 3/2013 - weekly benefit. You say you exhausted all extensions under this claim.
  2. Claim opened while collecting above extensions. Exact date that claim was opened. Benefit amount.
  3. Claim opened after you exhausted extensions. Exact date that claim was opened. Benefit amount.
What amount is CA paying you now?
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Old 10-01-2012, 07:13 PM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Hello Ariadne,

I have not worked since Dec 2010.

My original claim began 3/21/2010, and ended on 3/19/2011. The weekly benefit amount was $406.00

To answer your questions:

1. Claim expiring 3/2013 - weekly benefit ($404). You say you exhausted all extensions under this claim. ---- actually, no I haven't used any funds on this claim, this claim was opened 3/18/2012

2. Claim opened while collecting above extensions. Exact date that claim was opened. Benefit amount. ---- claim was opened 3/20/2011 with an ending date of 3/17/2012. The benefit amount was $425.

3. Claim opened after you exhausted extensions. Exact date that claim was opened. Benefit amount. ----claim was submitted online/opened 9/23/2012, and there is $0 benefit amount

What amount is CA paying you now? Nada, I've exhausted all tiers of benefits

Thanks again!

Last edited by DSLGal; 10-01-2012 at 07:17 PM.. Reason: to organize response
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Old 10-01-2012, 08:11 PM
 
Location: Wisconsin
13,854 posts, read 17,832,289 times
Reputation: 6477
Quote:
Originally Posted by DSLGal View Post
I have not worked since Dec 2010.

My original claim began 3/21/2010, and ended on 3/19/2011. The weekly benefit amount was $406.00

To answer your questions:

1. Claim expiring 3/2013 - weekly benefit ($404). You say you exhausted all extensions under this claim. ---- actually, no I haven't used any funds on this claim, this claim was opened 3/18/2012

2. Claim opened while collecting above extensions. Exact date that claim was opened. Benefit amount. ---- claim was opened 3/20/2011 with an ending date of 3/17/2012. The benefit amount was $425.

3. Claim opened after you exhausted extensions. Exact date that claim was opened. Benefit amount. ----claim was submitted online/opened 9/23/2012, and there is $0 benefit amount

What amount is CA paying you now? Nada, I've exhausted all tiers of benefits
If you have not worked since December 2010, there were no new earnings to support the claim California "opened" for you in March 2012 - therefore that claim should not exist.

Sometimes (only in CA), depending on when you file, you might be eligible for another new claim one year after you first filed - in this case, your 2011 claim @$425 based on earnings from your original employer even though you had NOT worked after your layoff.

In no other state would you have been eligible for a second claim, and certainly not a third claim, without having NEW earnings since you filed. Be that as it may.....

Your claim history, as I understand it, is:

Claim 1 - 3/2010 - $406 - collected
Claim 2 - 3/2011 - $425 - collected (how many weeks @$425 were you paid?)
Claim 3 - 3/2012 - $404 - never collected - not a valid claim

Also:
  1. What benefit amount was California paying you when your benefits were exhausted?
  2. When was your last payment?
It doesn't appear there are any further benefits available to you in spite of the 3/2012 "claim," as there have been no new earnings since December 2010.

Call CA and get an explanation of why they opened a new claim for you in 3/2012. CA often will open an invalid "claim" only to void it later. I think this is what happened in 3/2012. It is likely, the following is what has happened to you (this from someone w/EDD):
Quote:
Having said that, it has been my experience that claimants often get confused because they get a notice telling them that they are potentially eligible for a new claim. This notice will come with a DE238 requesting the additional information regarding work/wages that may be needed to actually establish that new claim. That notice does not in itself mean that a new claim is valid, only that it potentially valid if proof of wages is received. If the claimant cannot provide the proof of earnings the claim will then be invalidated and the claimant sent a notice of invalid claim--confusing because often claimants do not understand that the department has to determine if there is a valid new claim at the end of the benefit year as a matter of policy, they didn't ask for a new claim and then a week after getting a notice that they had this new claim they didn't ask for, are then told that this claim is invalid.
You may or may not have received a request for wages with that claim determination.

In any event, for your own peace of mind, you need to contact CA. Good tips on the last few pages of this thread:

Tips for getting through to a live body @ California EDD
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Old 10-01-2012, 08:46 PM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Thanks again for the detailed help Ariadne.

Actually, based on how CA's benefits are calculated, yes, I would have been eligible for payments on the claim filed in March 2012, as the time period that is used to calculate payments would have included Dec 2010 (so Oct 2010 - Dec 2010, and Jan 2011 - Sept 2011).

Please see link (hopefully this will help others in CA as well).

http://www.edd.ca.gov/pdf_pub_ctr/de8714ab.pdf

Oops, forgot to add that yes, CA did send me a notice of invalid claim (which was disturbing to say the least), but I've since found that CA does this in order to continue the claim at the higher amount.

In answer to your additional questions:

Also:
  1. What benefit amount was California paying you when your benefits were exhausted? $425/wk
  2. When was your last payment? 9/25/12



Claim 2 - 3/2011 - $425 - collected (how many weeks @$425 were you paid?) - ugh, I'd say from between all the way from 3/2011 all the way up to present, so, approximately 1.5 years of benefits / 78 weeks?

Last edited by DSLGal; 10-01-2012 at 08:54 PM.. Reason: added addt'l info
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Old 10-01-2012, 09:40 PM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Will do - I'm crossing my fingers that I can get through on the phones.
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Old 10-01-2012, 09:56 PM
 
Location: Wisconsin
13,854 posts, read 17,832,289 times
Reputation: 6477
Quote:
CA did send me a notice of invalid claim (which was disturbing to say the least), but I've since found that CA does this in order to continue the claim at the higher amount.
Your 2012 claim was not invalidated because it paid only $21 less than you were receiving. If it had been a valid claim, CA would have been required, under federal law, to pay those state benefits first - unless the claim qualified for CA's Deferred New Claim Payment Program (aka HR4213) which will defer payment on new state claims (not invalidate them) until the higher paying EUC benefit from an earlier claim is exhausted. The new benefit must be $100 or 25% lower than the previous benefit - which clearly does not apply in your situation. CA would have mentioned DNCP in any correspondence if it was deferring payment on the "2012 claim."

Let us know what CA says about the 2012 claim.
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Old 10-01-2012, 10:26 PM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Quote:
Originally Posted by Ariadne22 View Post
Your 2012 claim was not invalidated because it paid only $21 less than you were receiving. If it had been a valid claim, CA would have been required, under federal law, to pay those state benefits first - unless the claim qualified for CA's Deferred New Claim Payment Program (aka HR4213) which will defer payment on new state claims (not invalidate them) until the higher paying EUC benefit from an earlier claim is exhausted. The new benefit must be $100 or 25% lower than the previous benefit - which clearly does not apply in your situation. CA would have mentioned DNCP in any correspondence if it was deferring payment on the "2012 claim."

Let us know what CA says about the 2012 claim.
Yes, I'm beginning to wonder if CA should have paid me on the new claim since it was only $21 less, instead of continuing with the extension amount of $425/wk. I received no correspondence from EDD regarding the DNCP. I'll keep everyone posted.
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Old 10-02-2012, 01:41 AM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
By the way, if anyone has an existing EDD claim that has not yet reached its BYE, and is based on earnings that were made more than 18 months ago, I would suggest being very careful with filing through the CA EDD online system to reopen a claim.

During my current dilemma, there was a question asking for my employment history within the last 18 months. Since I have not had any employers during the last 18 months, I tried to skip the question, but the system would not allow me to. In order to bypass the system, I entered my unemployment history from my last job that ended Dec 2010, thinking that EDD would logically see my existing claim that ends March 2013 - .

I have a feeling that this is also why I received paperwork referencing a brand new claim, rather than my existing claim of March 2012. In the meantime, I have faxed in an amended claim form omitting the employment information that shouldn't have been there in a first place.

Just a thought!
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Old 10-02-2012, 09:23 AM
 
Location: The Outer Limits
243 posts, read 214,636 times
Reputation: 117
Hello everyone,

I was able to get through to EDD this morning, and the person that I spoke with on the phone was very rude. He insisted that my claim of March 2012 was invalid because I didn't work in 2011. How is this possible when my claim included income from March 2011?

To amend my post, I was able to speak to a 2nd person at EDD in regards to my UI claim that was filed March 2012. According to him, this claim was indeed invalid. Call me obtuse, but I still can't wrap my head around the fact that I had reported earnings for the quarter ending Dec 2010 and a much smaller amount for the quarter 2011, and have this claim completely invalidated. I then asked the CSR whether I should have been paid on the new claim instead of being paid the extensions. His response was that I came out ahead on the extensions, and that if I had been paid on the new claim, my total weeks paid would have been approximately 50 weeks. Also, there is the possibility that if I did consider this new claim, that the extensions would have been considered an overpayment.

Does anyone have any thoughts?

Last edited by DSLGal; 10-02-2012 at 10:35 AM..
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