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I was downsized again last week after having issues with it over the past few years. I won't bore anyone with the details as they have been pretty cut and dry "lay offs"
To give you a timeline, the first payment I ever received for unemployment was 11/10/10.
My weekly benefit amount during my first stint of unemployment was $428
I exhausted the 26 weeks of the Maryland State Benefit on 05/14/2011
I began Emergency Unemployment - Tier 1 (assuming my research is correct) immediately following that, and I received only 2 weeks of Tier 1 (because I started a job). I collected 856$ of Tier 1 EUC, and on my statement it shows a balance as of 5/28/2011 of $19688. I made no claims after that.
I worked for 18 months and my position was eliminated due to budget cuts. So I re-filed for unemployment, obviously since 18 months had passed I was in a new benefit year.
My new weekly benefit amount, starting 1/1/2013 (I'll never forget getting laid off on the way to a NYE party) was $384.
I finally found work again 6/10/2013, and stopped filing my bi-weekly claims. As of my last payment for the week ending 6/08/2013, my remaining balance is $1252.00
Last Thursday, again my position was eliminated. It never really gets any easier to hear, but that is for another place.
I immediately re-filed with the state of MD and through tons of reading I have been able to answer most of my own questions, but as with anything a set of experienced eyes can help me make sure I am interpreting everything correctly.
Since I am still within my benefit year on the claim opened 1/1/2013 I assume that once the MD DLLR verifies that I was not fired, I will begin receiving my Weekly Benefit Amount of $384 until the $1252 is exhausted.
Once that is exhausted, per the DLLR website:
"Claimants who are now exhausting all 26 weeks of Maryland regular unemployment insurance benefits and file initial claims for EUC benefits may be eligible to receive up to 28 weeks of EUC benefits. The benefits may be payable as long as claimants remain unemployed and meet the eligibility requirements of the law."
So in terms of EUC, they don't care that I was employed the past 10 weeks, they will just see it as me exhausting the 26 weeks of MD Unemployment and I will begin EUC.
I am aware that currently, EUC benefits are being reduced by 22% in the state of Maryland, but that this is scheduled to end September 28th, 2013. This is where I could use an expert opinion, will the benefits go back up to their full amount when the sequestration ends?
Similarly, another thing I would like confirmed based on everything I have read, old EUC claims must be paid before any new ones are considered, therefore when my 26 weeks are exhausted, my WBA will revert to the Tier 1 claim from 2011 with a balance of $19688, correct? (barring any reduction due to sequestration.)
If anyone spots any inaccuracies in my understanding of the laws, please point them out. I want to make sure I am correctly informed.
Thank you all greatly for your time, and I would also like to apologize to Adriadne22, I direct messaged her and then after reading countless more threads it appears many people go that route rather than post their own thread.
Thanks again for all of your help, even if nobody responds to my questions this forum has been an invaluable resource in calming the brain when trying to decipher these issues.
I just got off the phone with MD DLLR and heres what they said:
I am correct that I am still in my initial benefit year, so this claim will pay out the remaining balance of the 1252.
I am correct that after that I will need to open a claim for EUC.
When I asked about the federal government paying the existing EUC from 2010, she said that would only be the case if I moved out of state and came back (This does not sound right, in my reading it seems Adriadne22 had some harsh words for MD DLLR so maybe this is a case of her being misinformed?)
She advised it would be a new EUC claim.
Based on everything I have read the EUC will be based on my prior claim, so I am wondering what I should do if MD attempts to open a new claim for me. I'm assuming these claims are processed by an EUC office somewhere? Is there any way to contact them and find out?
I also asked about the sequestration ending, and she said they have not been advised one way or the other. Anyone have any theories? Obviously 22% hurts when your original WBA is barely enough to cover bills (student loans for a degree that can't keep me employed, bah).
Maryland is supremely incompetent in its administration of EUC. The "reason" she gave you for not opening your 2010 claim is complete fantasy. It may very well be the MD computers will automatically revert you to 2010 EUC. If they don't and the reps refuse, you will need to write the USDOL. EUC directives are very clear that older claim EUC must be exhausted first. You might title your email "Trouble in MD - Again." lol
No one knows for certain when sequestration cuts will end. Scheduled date is 9/28, but several states are cautioning not. CA's website assumes these cuts go to the end of the year. You may as well plan for that.
Regarding multiple claims, I have read so much on the subject that I very much want to take your word as gospel as obviously that is good news to me, however some of the things I have read are troubling.
It seems that you are absolutely correct in the way that it usually happens, but according to federal law it seems that because my 2nd claim was a entirely new benefit year, my "most recent benefit year" becomes my "applicable benefit year" under federal law.
I read a few other Q&A's on the subject that seem to point this as well, I wish I had kept track of the source but I found this fairly quickly.
It seems as those these contradict what you have wrote. I mean no disrespect of course, but I am a pessimist and feel as though I will get the lower amount.
This part from UIPL 23-08 troubles me:
C.Applicable Benefit Year for EUC08 Purposes
1.
Question:
May an individual choose the benefit year under which an EUC08
claim will be filed? For example, the individual has two different benefit
years that ended on or after May 1, 2007, or the individual has one benefit year
that ended on or after May 1, 2007 and another benefit year that has not ended
but all UC benefits have been exhausted?
Answer:
No. The applicable benefit year is the most recent benefit year.
(See Attachment A to UIPL No. 23-08, page A-1,
Definitions - #4.)
There are other questions and answers that appear to apply to me and give me "good" news, however I cant get my head past this one.. everything I find seems to say that my applicable benefit year will equal my most recent benefit year.
I deleted a previous post because of some formatting issues and resubmitted but it appears it will not post until a moderator approves it.
Hopefully it will post soon so this makes sense:
Does an EUC claim expire when the benefit year ends, or when the benefits have been used up? That seems to be key here when calculating my "applicable benefit year"
It seems the previous post has not posted yet so I will duplicate some things:
Based on this article and the links it provides to the Q&A's straight from a .gov website:
An individual who becomes an exhaustee as defined above shall cease to be an exhaustee commencing with the first week that the individual becomes eligible for regular compensation under any State law or 5 U.S.C. chapter 85, or has any right to unemployment compensation as provided in paragraph (a)(1)(v) of this section, or has received or is seeking unemployment compensation as provided in paragraph (a)(1)(vi) of this section. The individual's Extended Benefit Account shall be terminated upon the occurrence of any such week, and the individual shall have no further right to any balance in that Extended Benefit Account.
So because I returned to work, and received unemployment compensation, I am no longer an exhaustee. And that initial claim is terminated.
Seems there is a lot of conflicting information on the subject.
I just got off the phone with MD DLLR and heres what they said:
I am correct that I am still in my initial benefit year, so this claim will pay out the remaining balance of the 1252.
I am correct that after that I will need to open a claim for EUC.
When I asked about the federal government paying the existing EUC from 2010, she said that would only be the case if I moved out of state and came back (This does not sound right, in my reading it seems Adriadne22 had some harsh words for MD DLLR so maybe this is a case of her being misinformed?)
She advised it would be a new EUC claim.
Based on everything I have read the EUC will be based on my prior claim, so I am wondering what I should do if MD attempts to open a new claim for me. I'm assuming these claims are processed by an EUC office somewhere? Is there any way to contact them and find out?
I also asked about the sequestration ending, and she said they have not been advised one way or the other. Anyone have any theories? Obviously 22% hurts when your original WBA is barely enough to cover bills (student loans for a degree that can't keep me employed, bah).
Maryland is supremely incompetent in its administration of EUC. The "reason" she gave you for not opening your 2010 claim is complete fantasy. It may very well be the MD computers will automatically revert you to 2010 EUC. If they don't and the reps refuse, you will need to write the USDOL. EUC directives are very clear that older claim EUC must be exhausted first. You might title your email "Trouble in MD - Again." lol
F. Multiple Claims and Order of Payment
1. Question: If there are two (or more) EUC08 claims, which one is paid first?
Answer: The oldest EUC08 claim is paid first. The order of payment will follow the same rules established in UIPL No. 23-08, Change 1, (see item number D.7). See also UIPL No. 23-08, Change 3 - Questions and Answers in Section D about multiple EUC08
claims.
No one knows for certain when sequestration cuts will end. Scheduled date is 9/28, but several states are cautioning not. CA's website assumes these cuts go to the end of the year. You may as well plan for that.
I deleted a previous post because of some formatting issues and resubmitted but it appears it will not post until a moderator approves it.
Correct. You normally have 90 minutes to edit a post which you create. You could have done that. You are new, I understand these forums are complicated at times.
I swear I'm usually very good with forum formatting, I have no idea what is going on here, I guess with all the copy and pasting I have done it is throwing it off. I apologize for the clutter.
It appears that almost every mention of this "cease to be an exhaustee" language is by the same person. I remember reading through hundreds of forums posts in the past few hours and it seems like Adriadne mentioned this person and said they ran all over the internet talking about this and then basically disappeared.
Ignoring this bit of information it does seem like the law supports me claiming on the initial year. If the benefits do not expire at the BYE but at the exhaustion of the funds, then it seems like this would be my "applicable benefit year" due to the fact that it is an unexpired claim.
I wonder if MD DLLR unemployment office is hiring? I feel more informed than the representatives.
Last edited by poppunksnotdead; 08-30-2013 at 10:41 AM..
I just got off the phone with MD DLLR and heres what they said:
I am correct that I am still in my initial benefit year, so this claim will pay out the remaining balance of the 1252.
I am correct that after that I will need to open a claim for EUC.
When I asked about the federal government paying the existing EUC from 2010, she said that would only be the case if I moved out of state and came back (This does not sound right, in my reading it seems Adriadne22 had some harsh words for MD DLLR so maybe this is a case of her being misinformed?)
She advised it would be a new EUC claim.
Based on everything I have read the EUC will be based on my prior claim, so I am wondering what I should do if MD attempts to open a new claim for me. I'm assuming these claims are processed by an EUC office somewhere? Is there any way to contact them and find out?
I also asked about the sequestration ending, and she said they have not been advised one way or the other. Anyone have any theories? Obviously 22% hurts when your original WBA is barely enough to cover bills (student loans for a degree that can't keep me employed, bah).
Maryland is supremely incompetent in its administration of EUC. The "reason" she gave you for not opening your 2010 claim is complete fantasy. It may very well be the MD computers will automatically revert you to 2010 EUC. If they don't and the reps refuse, you will need to write the USDOL. EUC directives are very clear that older claim EUC must be exhausted first. You might title your email "Trouble in MD - Again." lol
F. Multiple Claims and Order of Payment
1. Question: If there are two (or more) EUC08 claims, which one is paid first?
Answer: The oldest EUC08 claim is paid first. The order of payment will follow the same rules established in UIPL No. 23-08, Change 1, (see item number D.7). See also UIPL No. 23-08, Change 3 - Questions and Answers in Section D about multiple EUC08
claims.
No one knows for certain when sequestration cuts will end. Scheduled date is 9/28, but several states are cautioning not. CA's website assumes these cuts go to the end of the year. You may as well plan for that.
I apologize Ariadne, I did read your post but there does seem to be information out there contradicting you. I certainly mean no disrespect, it just seems like conflicting information. Does the information you provide overrule this? Is this false? I can only find the information quoted below posted by "corazonroto" and the poster on this forum (who i assume to be the same?) jobless2889.
An individual who becomes an exhaustee as defined above shall cease to be an exhaustee commencing with the first week that the individual becomes eligible for regular compensation under any State law or 5 U.S.C. chapter 85, or has any right to unemployment compensation as provided in paragraph (a)(1)(v) of this section, or has received or is seeking unemployment compensation as provided in paragraph (a)(1)(vi) of this section. The individual's Extended Benefit Account shall be terminated upon the occurrence of any such week, and the individual shall have no further right to any balance in that Extended Benefit Account.
I have asked the mod to remove the above information you reference because it is ERRONEOUS, UNFACTUAL, and MISLEADING. OP did NOT win his case in CA. CA was forced to pay OP from its own money because they ignored DOL rules. CA was sanctioned by the DOL for ignoring its rules. Please don't further confuse yourself.
I have NOT responded to that thread because I do not wish to engage that individual.
IGNORE that information. YOU DON'T NEED IT.
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