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Old 07-26-2013, 06:39 PM
 
15 posts, read 38,644 times
Reputation: 10

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Quote:
Originally Posted by Ariadne22 View Post
Did the 2nd NY claim provide a state benefit of 26 weeks, as well?

Call NY back and ask about unexhausted EUC on your first two claims.

You clearly began EUC on the 2011 claim, but at 6/2012 there should have been remaining at least another 28 weeks to collect.

05 wks Tier 1
14 wks Tier 2
09 wks Tier 3

Without knowing the length of your 2nd claim, it is hard to estimate how much EUC from that first claim remains, since that it what you were drawing on 2012-2013.

Also, did the 2nd claim qualify for EUC. Many do.

It is possible your EUC from the first claim was exhausted and the 2nd claim did not qualify. But, you need to find out.
For my first claim I stopped claiming my weeks during the months that I had started working (Feb-Apr) and then again until it ended. So I should have at least 10 weeks until the counting just 52 weeks in a year and since it's a max of 63 weeks for that claim I should have 23 weeks remaining.

When I filed for my 2nd claim I was told that whatever was remaining would be lost so I never asked them about it again. And I did qualify for EUC I had already started getting the first tier but since I found a job I stopped claiming it.
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Old 07-26-2013, 06:41 PM
 
15 posts, read 38,644 times
Reputation: 10
Quote:
Originally Posted by Ariadne22 View Post
The 2nd claim didn't provide 36 weeks' NY benefits. At most it provided 26 weeks.

Your base year earnings should appears as follows:

7/2011 Claim - April 2010-March 2011
7/2012 Claim - April 2011-June 2012 (includes new earnings)

All your NY earnings should have been used.
I say 36 weeks because I included the EUC.
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Old 07-26-2013, 07:19 PM
 
15 posts, read 38,644 times
Reputation: 10
Quote:
Originally Posted by Ariadne22 View Post
That's not helpful in arriving at your exact EUC balance. We need to know the exact number of weeks NY benefits you received on the 2nd claim.


Actually, it is 28. At the time you began claiming EUC, Tier 1 was paying 20 weeks. So, you received your first 52 weeks, as follows:

01 - NY waiting week
26 - NY state benefits
10 - worked
15 - EUC Tier 1

Leaving

05 EUC Tier 1 (20-15)
14 EUC Tier 2
09 EUC Tier 3

28 EUC wks remaining



Nothing is lost. Whoever told you that is WRONG. If you began EUC on Claim 1, whatever remains should have been paid after you exhausted your 2nd claim state benefits. Then, NY should have begun paying EUC from the 2nd claim, if that claim qualified.

There were issues a year or so ago when some states would not pay current claim EUC if claimant was still collecting 1st claim EUC at the 2nd claim bye, but NJ has since reversed that and is now paying EUC from both claims, even if claimant goes past the 2nd claim bye collecting 1st claim EUC.

Also, DOL EUC regs define "exhaustee" very liberally. If there is any EUC remaining on the 1st claim, you are entitled to it.

If NY paid 2nd claim EUC before exhausting 1st claim EUC, it was in contravention of DOL guidelines on administration of EUC.

Call NY about your unexhausted benefits.

If you continue to have problems, contact USDOL for your region:

Regional Offices, Employment & Training Administration (ETA) - U.S. Department of Labor

And write:

Other DOL contacts:

Sznoluch.Anatoli@dol.gov
Gibbons.Scott@dol.gov
Thank you so much for all your help!
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Old 07-26-2013, 07:20 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
Reputation: 23386
Quote:
Originally Posted by ginakc View Post
I say 36 weeks because I included the EUC.
That's not helpful in arriving at your exact EUC balance. We need to know the exact number of weeks NY benefits you received on the 2nd claim.

Quote:
Originally Posted by ginakc View Post
For my first claim I stopped claiming my weeks during the months that I had started working (Feb-Apr) and then again until it ended. So I should have at least 10 weeks until the counting just 52 weeks in a year and since it's a max of 63 weeks for that claim I should have 23 weeks remaining.
Actually, it is 28. At the time you began claiming EUC, Tier 1 was paying 20 weeks. So, you received your first 52 weeks, as follows:

01 - NY waiting week
26 - NY state benefits
10 - worked
15 - EUC Tier 1

Leaving

05 EUC Tier 1 (20-15)
14 EUC Tier 2
09 EUC Tier 3

28 EUC wks remaining

Quote:
Originally Posted by ginakc View Post
When I filed for my 2nd claim I was told that whatever was remaining would be lost so I never asked them about it again. And I did qualify for EUC I had already started getting the second tier but since I found a job I stopped claiming it.
Nothing is lost. Whoever told you that is WRONG. If you began EUC on Claim 1, whatever remains should have been paid after you exhausted your 2nd claim state benefits. Then, NY should have begun paying EUC from the 2nd claim, if that claim qualified.

There were issues a year or so ago when some states would not pay current claim EUC if claimant was still collecting 1st claim EUC at the 2nd claim bye, but NJ has since reversed that and is now paying EUC from both claims, even if claimant goes past the 2nd claim bye collecting 1st claim EUC.

Also, DOL EUC regs define "exhaustee" very liberally. If there is any EUC remaining on the 1st claim, you are entitled to it, as well as unexhausted EUC from your 2nd claim, if any.

If NY paid 2nd claim EUC before exhausting 1st claim EUC, it was in contravention of DOL guidelines on administration of EUC.

Call NY about your unexhausted benefits.

If you continue to have problems, contact USDOL for your region:

Regional Offices, Employment & Training Administration (ETA) - U.S. Department of Labor

And, other DOL contacts:

Sznoluch.Anatoli@dol.gov
Gibbons.Scott@dol.gov
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Old 11-20-2013, 12:26 PM
 
72 posts, read 70,057 times
Reputation: 10
Question, I am collecting in Ma for few months( regular ui) then I got a temp job in New York, came back to MA and started collecting again until my benefit year ended on November, I qualified for tier 1 but UI called me that I don't qualified for an extension in MA anymore since I worked 4 months in NY, and that I need to file a new claim in NY, but I file in NY iit could be denied or maybe can collect half what I'm collecting now, I only made 10000 for the 4 months in NY, can I refuse NY benefits and have the tier1 in MA??
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Old 11-20-2013, 01:04 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
Reputation: 23386
Quote:
Originally Posted by Klins1228 View Post
Question, I am collecting in Ma for few months( regular ui) then I got a temp job in New York, came back to MA and started collecting again until my benefit year ended on November, I qualified for tier 1 but UI called me that I don't qualified for an extension in MA anymore since I worked 4 months in NY, and that I need to file a new claim in NY, but I file in NY iit could be denied or maybe can collect half what I'm collecting now, I only made 10000 for the 4 months in NY, can I refuse NY benefits and have the tier1 in MA??
Federal EUC regulations prevent payment of EUC benefits if you have eligibility for new state benefits, except if the new claim can be deferred under HR4213. You are fortunate MA caught these earnings, which many states overlook, resulting in an overpayment assessment to you at later time.

Did you collect ANY EUC tier benefit on that MA claim? Or, did your benefit-year-end coincide with your transition to EUC?

If you began EUC on that earlier claim and the NY benefit is $100 or 25% lower than the MA benefit, then you should be eligible for an HR4213 deferral to continue EUC benefits on the MA claim. You would need to deal with both states to get this done. Coordinating this may be difficult. You would need to prove to MA that the NY claim is H4213 eligible. MA is not the easiest state to work with these days.

That said, keep in mind, under current legislation, all federal EUC payments end December 28, 2013. So, you may be glad to have that NY claim if EUC is not extended into 2014.
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Old 11-20-2013, 01:36 PM
 
72 posts, read 70,057 times
Reputation: 10
My bye was on November 9, still on Regular unemployment, so I applied for an extention tier 1 but they told me I don't qualified for extension since I worked in NY, how much you think I will get in NY if I made from April to August like 11000$? Do I qualified for HR4213? I'm collecting in MA 183$ per week., I worked from April to August in NY, came back to MA and reopen my claim for Regular UI, but in November 9 was the bye. What should I do? Actually I regret taking the job in NY
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Old 11-20-2013, 01:39 PM
 
72 posts, read 70,057 times
Reputation: 10
And what happen if NY denied my benefits for late claim, I worked from April to August and is November now, ?? Will MA let me keep the old claim if NY denied it??
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Old 11-20-2013, 02:15 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
Reputation: 23386
Quote:
Originally Posted by Klins1228 View Post
And what happen if NY denied my benefits for late claim, I worked from April to August and is November now, ?? Will MA let me keep the old claim if NY denied it??
NY won't deny your claim as long as there are base-year earnings available at the time you apply. Yes, you can go back to the MA claim if NY denies.

Quote:
Originally Posted by Klins1228 View Post
how much you think I will get in NY if I made from April to August like 11000$?
You may or may not qualify in NY.

Answer these three questions, please:

What did you earn in NY for the quarter ending June 2013?
What did you earn in NY for the quarter ending September 2013?
How many weeks total did you work in NY?


Quote:
Originally Posted by Klins1228 View Post
My bye was on November 9, still on Regular unemployment, so I applied for an extention tier 1 but they told me I don't qualified for extension since I worked in NY, Do I qualified for HR4213?
No. Because you never received EUC before your benefit year-end. A new state claim opened before you begin EUC on the earlier claim voids your rights to that EUC.
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Old 11-20-2013, 03:53 PM
 
72 posts, read 70,057 times
Reputation: 10
Ending in June 2013 I earned 6000$ and endings September I earned like 5000$, I worked from April 2013 -August 2013, if NY benefits is lower by 25% I have the option to go back on MA extention, right? How much you think I'll get in New York?
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