Help Needed With Multiple EUC08 Claims (collect, file, receive, payment)

[gregm999]

Hey everyone, I am having some problems and confusion with EUC 08. I am in Illinois and my 26 weeks of regular unemployment exhausted about 2 weeks ago. The claim was started in early June of this year. So last week I received notice that I am eligible for EUC08, but they are basing the payment amount on a previous unemployment claim from 2009. Problem is, that claim was from a part time job and my weekly payment from that claim would be only $60 per week, compared to the current $315 per week I had been receiving from my current claim. No way I can live off only $60 per week. I never applied for or received EUC benefits from that previous 2009 claim so I don't understand why I would be reverted back to that??

I have gone in to the unemployment office and called numerous times, and I never can get a straight answer. I get a different reply each time and none of them make sense. Do I have any option to cancel that previous EUC application and collect EUC from my most recent claim? Or if not what would my options be? Any help would be greatly appreciated!

[candijdixon]

Based on what I've read on here (I'm in Florida and have 2 claims also, one in 2011 and one in 2012, and when I exhausted state benefits on 2012 claim, it reverted back to the 2011 claim for EUC)

Many states pay any EUC tiers on the oldest claim first, and then go to the newer one if its eligible

2009
State benefits
EUC 1
EUC 2
EUC 3
EUC 4

2012
State benefits
Then, any EUC tiers left from that 2009 claim that you qualified for but didn't use

[Chyvan]

If you truly never collected a nickle of EUC08 on the earlier 2009 claim, everything most of us have believed is that it is lost forever, and they shouldn't be giving it to you now, and under the circumstances, I can see why you don't want it.

You might be a candidate for going through your state legislator. There has been at least one other from IL that his done that to good result when no one in the UI department would give his claim the attention it deserved.

[Ariadne22]

Originally Posted by gregm999

I never applied for or received EUC benefits from that previous 2009 claim so I don't understand why I would be reverted back to that??

I have gone in to the unemployment office and called numerous times, and I never can get a straight answer. I get a different reply each time and none of them make sense. Do I have any option to cancel that previous EUC application and collect EUC from my most recent claim? Or if not what would my options be? Any help would be greatly appreciated!

If you are CERTAIN you never received dime one from the 2009 EUC, FL should NOT be paying from that claim. You need to have begun EUC before the 2009 claim expired in 2010.

You can also email your FL state representative today, explain your situation, tell them you cannot manage on the 2009 EUC, nor should you be receiving it. You might get more immediate action doing that.

You also might try calling FL one more time. Insist on speaking with a supervisor.

If you still meet with no success, you will need to file a written appeal.

[gregm999]

Hey guys, thanks for the replies. Well I called the 800 number again today, and after a lengthy hold time I finally got someone on the phone who seemed knowledgeable for the first time. He explained that I actually did collect EUC08 for about one month back in 2010, which is why my claim reverted back to that tier. This was unbeknownst to me. However, he said since that payment amount is so much lower than what the new claim amount would be, that my case was being reviewed and they should rule that the new benefit amount should be paid. He said normally the difference has to be at least $125, which in my case the difference is about $250. He said the review might take 2-3 weeks.

I am thinking of still writing to my representative to hopefully expedite the process and make sure that the review goes through as it should.

[Ariadne22]

Well, that's a new wrinkle in FL. I am wondering if whomever you spoke with is confusing the HR4213 deferral available when a new, lower-paying claim is established. An HR4213 deferral requires the benefit of a new claim be $100 or 25% lower than the benefit of the current claim.

In your case, there is no new, lower paying claim. We have not yet heard on this board of anyone getting the higher paying EUC on appeal under your circumstances. There was an exception in CA at a bye wherein new claim benefit was $67 lower (didn't meet the $100 or 25% criteria) - exception made was due to an ALJ error, which USDOL later required CA pay from its own funds. Some states (NY/NJ) have mistakenly, against EUC regs, not reverted to earlier claim EUC after the exhaustion of state benefits, but do so, instead, at the bye.

If FL is deviating on this, FL being FL, this would be quite surprising. I hope FL is able to find an accommodation for you. It would be great to know of this option for FL claimants going forward.

Please let us know what ultimately happens.

[candijdixon]

Originally Posted by gregm999

Hey guys, thanks for the replies. Well I called the 800 number again today, and after a lengthy hold time I finally got someone on the phone who seemed knowledgeable for the first time. He explained that I actually did collect EUC08 for about one month back in 2010, which is why my claim reverted back to that tier. This was unbeknownst to me. However, he said since that payment amount is so much lower than what the new claim amount would be, that my case was being reviewed and they should rule that the new benefit amount should be paid. He said normally the difference has to be at least $125, which in my case the difference is about $250. He said the review might take 2-3 weeks.

I am thinking of still writing to my representative to hopefully expedite the process and make sure that the review goes through as it should.

I'm glad there's a review process for that. I'm unemployed in the state of Florida too. I wish the best for you !