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.
Sorry it took so long. I checked the dollar amount I have earned since June 10th and it is not $4344.00. The dollar amount I have earned is $3983.98 after taxes. I am collecting the gross amount and should have that amount in the next day or so.
Please confirm your suggestion of what I should write in the protest.
I believe I should mention something in reference to the section belowiii) The individual is concurrently working part-time for an employer or employing unit and for another employer or employing unit and voluntarily leaves the part-time work while continuing work with the other employer. The portion of the benefits paid in accordance with this subparagraph that would otherwise be charged to the experience account of the part-time employer that the individual left shall not be charged to the account of that employer, but shall be charged instead to the nonchargeable benefits account.
What you write is NOT an appeal. It is a request for an appeal. You write: "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." That's it.
All this other stuff you want to include is what the hearing is for. Nothing you write in that request will get you benefits. That is why you nor anyone else should waste any time on them. You submit what I told, and then prepare for the hearing.
It's great that you found that paragraph, but all it means is that at your HEARING, you'll be showing paystubs from both of your jobs to provide evidence that you had "concurrent part-time jobs." You don't tell the judge about that law, the judge already knows it. Your job at the hearing is provide evidence and testimony so that the judge will properly apply the law to your situation.
Ideally, though, things get a lot easier if you can get your paystubs to be $4344 because you'll want to submit those too so that you have two ways to try to get UI.
When I log in onto the website it says I have to file a protest. So if I log on and protest the claim, you suggest to write what you stated above. What am I going to say at the appeal hearing?
When I click file protest, it automatically takes me to a screen that asks "Do you have more information that was provided prior to the determination". Should I click yes or no?
Yes, write what I told you. Two sentences. That's it. The decision/determination has already been made, and the clock is ticking to submit your request for an appeal. If you're late, they'll deny you benefits for no other reason than you were late, and not all that stuff you want to type in there. You could write a novel about all the reasons the decision is wrong. They won't read it, and it won't change anyone's mind. They'll schedule a hearing, and you'll have to testify to everything you wasted all that time writing. So save yourself the effort, and make notes to yourself about what you want to get on the record at the hearing.
At the hearing you provide evidence and testimony that you were working two part-time jobs concurrently. You provide evidence and testimony that you earned $4344 since Jun 10, an amount that is 12 x your weekly benefit amount. If the job you quit was cutting your hours, scheduling you in a way that inferred with your second job, or doing anything adverse to you in an economic sense, you testify to that as well.
Do you have any idea how long it will take to hear back from them? I did as you advised and now I have just been waiting. Is there a timeframe they have to adhere to in response to my protest?
No clue. They have as long as it takes. If you're unhappy with how long it's taking to get your appeal hearing scheduled, you contact your legislator who will contact MESC to speed things up.
Update - the protest status has changed to under determinations 'not adversely affected'. I click on this to get further detail and the status changed from disqualified to not disqualified. However, I have not received any formal letter yet from UIA. I am waiting to see what this all means.
When I filed the protest I simply wrote the following and submitted the paystubs.
[SIZE=3]To Whom it May Concern,[/SIZE]
[SIZE=3]The Determination dated 11/25/2013 for claim number C3516033-0 is wrong. I want an appeal hearing scheduled. [/SIZE]
[SIZE=3]I was [/SIZE]concurrently working part-time for xxx and for another employer xxx and voluntarily left the part-time work at xxx while continuing work with xxxx. In my attachments you will see paystubs and bank account records indicating deposits from xxx and xxx to prove I was working both part time jobs concurrently. I did not quit my job at xxx before I was hired at xxx. I was still employed at xxx.
Since June 10, 2013, I have earned $5,369.89 from xxxx which satisfies the earnings rework requirement and is 12 times my weekly benefit amount. I was laid off from xxx at the end of September."
If you successfully get a favorable "redetermination" without a hearing that will be a first, and you should pat yourself on the back. Please do type in what your new decision says if you get one. I'll be curious if it was the "concurrent," "12 X WBA," or both that got you benefits.
Just got a formal letter that states
Issues and Sections of Michigan Employment Security Act involved: Voluntary Quit and 29(5).
This reconsideration is being issued on Agency motion under MES Act, Sec. 32a to correct the (re) determination issued regarding Voluntary Quit - To Accept New Employment/Recall.
Based on new information, the previous (re)determination is null and void. You are not disqualified for benefits under MES Act, Sec. 29(5).
Payment is now pending under my account. I am 99% sure that I am getting the benefits. Fingers crossed.
THANK YOU FOR ALL OF YOUR HELP!!!! YOU ARE AN ANGEL CHYVAN!!!
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.
iii) The individual is concurrently working part-time for an employer or employing unit and for another employer or employing unit and voluntarily leaves the part-time work while continuing work with the other employer. The portion of the benefits paid in accordance with this subparagraph that would otherwise be charged to the experience account of the part-time employer that the individual left shall not be charged to the account of that employer, but shall be charged instead to the nonchargeable benefits account.
