Qualified for EDD Deferred Program but still got new claim. please help! (collecting, extension)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
About a month ago I got a letter from EDD saying that I qualify for a new claim and that instead of $362/weekly I will now only get $100.50, which isn't even enough for me to eat. I called EDD right away and they tell me that since I worked and I'm on government extensions right now EDD wants me to take the new claim because it won't be gov't money. Thought I was gonna go on the ramen diet but got a letter about 2 weeks later saying I qualify for the Deferred Unemployment Program (I think it was called) It stated that since my new claim was so significanly lower that I will be able to continue getting my extensions, $362 a week.
I think everything fine then today go check my account and see I only got the $201 and got a letter saying that I'm on a grace period week. They started the new claim after they said they wouldn't. I even called EDD after I got the letter to confirm I will keep the extension. She said I would. Its friday night I know I can't do anything til Monday. Anyone go through something similar? I'm really stressing out I'm a little positive they will change it back because I did get a letter... Its my right to get on the Deferred program right? I met all the qualifications written on the letter, can they really refuse giving it to me?
The $201 is an odd amount. Were you working part-time? If so, you were paid partial unemployment benefits and have an odd amount remaining on a tier which needs to be paid out before you can advance to the next tier. These odd amounts at the end of a tier are very common for those who have worked AND collected benefits.
If you have the letter on the DNCP program, you should be fine. Your benefits will resume at the higher amount.
Last edited by Ariadne22; 11-05-2011 at 10:44 AM..
I'm sorry I was wrong its actually 201 a week. I only got paid 1 week instead of 2 because 1 week was a grace period for the new claim. What do you mean I will be able to resume collecting my extensions after I finish the new claim?? You think they will switch it back Monday is coming too slow...
I'm sorry I was wrong its actually 201 a week. I only got paid 1 week instead of 2 because 1 week was a grace period for the new claim.
California pays in two-week increments. Did you get $201 (which is 2x$100.50), or $100.50? Where did the $100.50 come from?
Quote:
Originally Posted by yellowjacket415
What do you mean I will be able to resume collecting my extensions after I finish the new claim??
I never said anything about finishing the new claim. This is what I said in reference to your OLD claim:
Quote:
Originally Posted by Ariadne22
The $201 is an odd amount. Were you working part-time? If so, you were paid partial unemployment benefits and have an odd amount remaining on a tier which needs to be paid out before you can advance to the next tier. These odd amounts at the end of a tier are very common for those who have worked AND collected benefits.
Quote:
Originally Posted by yellowjacket415
You think they will switch it back?..
Your answer is here:
Quote:
Originally Posted by Ariadne22
If you have the letter on the DNCP program, you should be fine. Your benefits will resume at the higher amount.
Yes, CA should put you back on your old higher benefit immediately. It is odd they would pay you benefits from the new claim at the lower amount, unless they wanted to pay you something in the interim while they are setting up the DNCP for you.
I had a claim filed 3/05/2010. I got my benefits for 26 weeks for $265 per week, then I had my first extention for 20 weeks. On the 9th week I started working.
On 10/02/2011 I was laid off and filed a new claim for $394 per week. I received this amount for 26 weeks and after that I received a letter that I qualify for Deferred new claim program and I started to receive extention benefits of $265 per week and I am still receiving it(second tier)
My new claim will expire on 9/29/2012.
I don't understand if I qualified for the Deferred program why I received $394 per week for 26 weeks and then I started to receive the extention benefits of $265 per week.Don't I need to exhaust the extention benefits left from the previous claim and then start to receive the new claim benefits?
I don't understand how I qualified for the Deferred program If my new claim benefits are a lot higher than the previous claim amount. I think one of the requirements to qualify is that your new claim benefits are less than the previous claim.
I had a claim filed 3/05/2010. I got my benefits for 26 weeks for $265 per week, then I had my first extention for 20 weeks. On the 9th week I started working.
On 10/02/2011 I was laid off and filed a new claim for $394 per week. I received this amount for 26 weeks and after that I received a letter that I qualify for Deferred new claim program and I started to receive extention benefits of $265 per week and I am still receiving it(second tier)
My new claim will expire on 9/29/2012.
I don't understand if I qualified for the Deferred program why I received $394 per week for 26 weeks and then I started to receive the extention benefits of $265 per week.Don't I need to exhaust the extention benefits left from the previous claim and then start to receive the new claim benefits?
I don't understand how I qualified for the Deferred program If my new claim benefits are a lot higher than the previous claim amount. I think one of the requirements to qualify is that your new claim benefits are less than the previous claim.
DNCP applies to the deferral on payment of a new state claim which might be lower than the EUC benefit you are collecting from an earlier claim.
Under EUC regs, CA has done the correct thing. They paid you the new higher state claim benefit. When that was exhausted, CA resumed payments on EUC from your earlier claim.
EUC regs require older EUC benefits be exhausted before EUC from a more recent claim.
There was a case in CA last year where, after numerous appeals, CA did close an earlier lower paying claim and continue the claimant on EUC from the higher paying newer claim. However, this decision was a one-off, CA had to use its own money to do this because it was a violation of EUC regs and, further, CA had to guarantee to the USDOL that this would not be a precedent for any future similar cases. The ALJ deciding this matter had made an error.
As you may know, you will need to exhaust the older claim EUC before the bye of 9/29/12, or any EUC that might be available on the newer, higher paying claim will be lost.
Sorry, to say, you do not have any recourse in the State of California on this issue.
You could, of course, call CA and ask why you received the DNCP letter, as it does not apply to your situation - unless, unbeknownst to you, CA opened yet another claim for you in April 2012 when your 26 weeks were exhausted, and deferred that new claim in favor of your first claim.
This would be extremely unusual, however, as DNCP normally does not reach back from a third claim to a first claim. Further, because you've already begun EUC on the first claim, DNCP would not apply for this hypothetical new third claim to reach back to your second, higher paying claim at all. However, CA is known to find ways to circumvent EUC regs. So, they may have done that in April 2012. In essence, they've done you a favor.
Dug up this thread because I was just hit with this too...
I was on Tier 2 of an old claim at $297 a week ($245 with the sequester cuts) and my BYE ended in Oct 2013.
Got a new job in Aug 2013 and lost my job in Oct 2013 with that claim being at $116 a week.
On 12/6/13, After 2 months of not getting payments due to 2 eligibility interviews and a 5 week overpayment penalty, I spoke to an adjuster at EDD over the phone and was put back on my $245 a week 2nd Tier and immediately got 2 weeks of payment equaling $490.
Did a webcert on 12/8/13 for 2 weeks (11/24/13 to 12/7/13) and didn't get any money last week. I called EDD and they said my claim was just renewed. I got all the paperwork last Friday with my new claim amount at $116 a week. I still haven't gotten the DNCP letter yet.
Today (12/16/13) I checked my BoA card and only got paid $116 which is one week under the new claim.
I did all the math and $116 is far lower than my normal $297 a week and my $245 sequester cut amount from my old claim. Definitely far less than $100 or 25% of my old claim.
I'm going to call EDD again tomorrow morning, but how long will it take for me to get back on my Tier 2 amount that's paying much higher? I got rent due in 2 weeks and I need the higher amount ASAP.
Last edited by superbobdolevegeta; 12-17-2013 at 01:00 AM..
I was on Tier 2 of an old claim at $297 a week ($245 with the sequester cuts) and my BYE ended in Oct 2013.
I still haven't gotten the DNCP letter yet.
You needed to be collecting EUC on the expiring 10/2013 claim in order to qualify for DNCP, at which point DNCP would allow you to remain on BYE2013 claim EUC.
DNCP (aka HR4213) does not allow reversion to older claim EUC for a new, in your case, third claim.
Since EUC was not established and currently being paid on the expired claim before the start of the new claim, your situation does not fit DNCP guidelines.
Sorry the news isn't better.
Last edited by Ariadne22; 12-17-2013 at 11:59 AM..
You needed to be collecting EUC on the expiring 10/2013 claim in order to qualify for DNCP, at which point DNCP would allow you to remain on BYE2013 claim EUC.
DNCP (aka HR4213) does not allow reversion to older claim EUC for a new, in your case, third claim.
Since EUC was not established and currently being paid on the expired claim before the start of the new claim, your situation does not fit DNCP guidelines.
Sorry the news isn't better.
Actually, I was collecting EUC Tier 2 on the expiring 10/2013 claim.
I spoke to EDD today and they definitely confirmed I was eligible for DNCP. Sadly, when I was being transferred to an adjuster, I got cut off when I was on hold. Gonna be calling tomorrow and the rest of the week.
Actually, I was collecting EUC Tier 2 on the expiring 10/2013 claim.
I spoke to EDD today and they definitely confirmed I was eligible for DNCP. Sadly, when I was being transferred to an adjuster, I got cut off when I was on hold. Gonna be calling tomorrow and the rest of the week.
Well, good. Problem solved, then.
CA's old system would have automatically generated a DNCP letter. New system makes you work. At least now you're on track.
Last edited by Ariadne22; 12-17-2013 at 02:15 PM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
deferred program
Problem solved, then. 
