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Old 11-30-2013, 05:43 PM
 
50 posts, read 57,256 times
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hi all,

i had filed for UI back on 11/12 and i just got a letter in the mail saying that i have to mail proof of income between 11/12 and 11/13... this makes no sense to me, if i had any sort of income i would claim it on the forms they send to me every other week.

i just finished my 52nd week... not sure what tier that is, i have lost count here.

to add more confusion, i received another packet in the mail stating my UI claim was re-newed. it mentions a start/file date of 11/13 ending 11/14. it also states "no further action is required if the above info is correct"... on this same sheet it says weekly benefit amount - $450..

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Old 11-30-2013, 06:00 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
Reputation: 23386
Quote:
Originally Posted by dcuz59 View Post
i had filed for UI back on 11/12 and i just got a letter in the mail saying that i have to mail proof of income between 11/12 and 11/13... this makes no sense to me, if i had any sort of income i would claim it on the forms they send to me every other week.

i just finished my 52nd week... not sure what tier that is, i have lost count here.

to add more confusion, i received another packet in the mail stating my UI claim was re-newed. it mentions a start/file date of 11/13 ending 11/14. it also states "no further action is required if the above info is correct"... on this same sheet it says weekly benefit amount - $450..

And, what else does it say? It must give you a $$ monetary award and show quarters used for earnings.

From your account, you've reached your benefit year end. CA has done its normal recertification and at the moment has sent you notice of continuation of $450. You need to read that letter carefully. You've told us nothing of what it actually says.

If you haven't worked since you filed a year ago, you should be getting a notice of "invalid" claim - Section 1277 due to insufficient earnings. However, depending on how CA's computers read your LAG earnings, your claim may be valid.

If your new claim is invalid, you continue on EUC benefits until the end of the year, or exhausted, whichever comes first.

If you are fortunate enough to have a valid new claim, you collect those state benefits, first.

Keep claiming. Don't return that affidavit if you've had no earnings. CA will just go with what it has.

All that said, no one knows for sure what CA is doing these days, anymore. Computer software is a mess. And, the only reason I know you are in CA is because you mention a weekly benefit of $450.

Please,
people, tell us your state.
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Old 11-30-2013, 06:23 PM
 
50 posts, read 57,256 times
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Hi Ariadne22,

thank you for the reply, my apologies on not providing sufficient info.

the first letter i received (earlier this week) titled, "Notice of unemployment insurance award"

its then got 14 items,

#1 claim beginning date 11/2013
#2 claim ending date 11/2014
#3 maximum benefit $11k
#4 weekly benefit $450
#5 total wages - which is the total when adding the totals in item #12
#6 highest quarter - $8k
#7 this item does not apply to your claim for more info see #7 on reverse side
#8 you must look for full time work each week. (which is something i do already)
#9 to qualify for this claim you must meet further eligibility requirements. you will receive additional info on what you need to do to qualify.

#12 has income listed in there but only for the first two quarters. nothing for March 13 and Jun 13

fast forward to yesterday, i got this most recent letter asking for "additional instructions". asking for proof of income either $1300 or $900 as an employee.
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Old 11-30-2013, 06:58 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
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The WBA of $450 does not comport with your high quarter of $8k. WBA should be, instead, $309.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf

Further, the monetary award of $11k, does not comport with your high quarter of $8K. Even if both quarters totalled $16k, you would only be entitled to $8k in monetary award. Total earnings in your claim need to be $22,000 for you to receive a $11,000 monetary award.

So, on that basis alone, the notice of new claim makes no sense. Your WBA is wrong, your monetary award of $11k is wrong.

Your lag earnings are Sept. 2012, Dec. 2012 - which CA will only use for a new claim if you've got new earnings after you filed in Nov. 2012 - OR - the week in which you filed, you earned at least $1,300.

Unless the latter is the case, you don't have a new claim at all.

CA is asking for earnings between 11/2012-11/2013 to verify - or not - the validity of this new claim. Sometimes its database is not current, so if you have worked and those earnings aren't in CA's database as yet, you providing proof of earnings would be enough to give validity to this new claim.

You can do nothing and see what happens. If you do nothing, I suspect you'll get a notice of invalid claim - possibly as soon as Monday. CA invalidates claims all the time because of the way its computers process LAG earnings. Creates a lot of confusion, as you've learned.

Meanwhile, keep claiming.
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Old 11-30-2013, 09:07 PM
 
50 posts, read 57,256 times
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so in other words all i needed to have done was earn 1300 and my claim would have renewed?
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Old 12-01-2013, 01:07 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
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Quote:
Originally Posted by dcuz59 View Post
so in other words all i needed to have done was earn 1300 and my claim would have renewed?
All you needed to earn was $900 during your benefit year, or $1,300 the week you originally filed. Either way, your new claim would not provide the WBA CA has given you based on your high quarter earnings. That notice is wrong as to maximum benefit and WBA, but you certainly could have had another CA state claim had you worked. For now, it appears you will be able to collect what remains of your EUC - or, possibly, on the new claim if CA does not catch their error.
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Old 12-01-2013, 02:42 PM
 
50 posts, read 57,256 times
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sorry if i am being a pest here and not understanding.

after looking at these docs over and over i sort of understand what you are saying.

i am confused because my UI benefit started 11/2012.

the additional instructions document states that i must earned either $900 or $1300 during my benefit year. which makes sense and that is actually what happened. on the "award" notice line item #12 even states that in december of 2012 i earned well over 1300. so the December income does fall within my benefit claim year.
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Old 12-01-2013, 04:26 PM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
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You said you had not worked since filing.
Quote:
Originally Posted by dcuz59 View Post
this makes no sense to me, if i had any sort of income i would claim it on the forms they send to me every other week.
Where did the December income originate if you hadn't worked and didn't report any income since you filed?

Probably from your earnings October to the day of your layoff in November. Those earnings will appear in the 12/13 quarter, but they are not new earnings and did not occur during your benefit year - they occurred prior to your benefit year.

Operative word, here is "earned."
Quote:
the additional instructions document states that i must earned either $900 or $1300 during my benefit year.
That's why they're asking you for proof of income. When were those December quarter earnings actually earned? In reality, those December earnings are part of your LAG earnings which can't be used unless there are NEW earnings after establishment of your benefit year.

Initially, CA breaks down income by quarters reported, not week/month earned, although most employers report earnings by pay period. If that December quarter income was earned prior to you filing for benefits, CA should not, and probably won't, be using it.

Further, as I've said before, none of the numbers in your notice of new claim are right - not your WBA, not your maximum benefit.

Chances are you are going to be getting a notice of invalid claim and continued claim forms from your 2012 claim. Those CC forms should state from which benefit year you are claiming.

All that said, CA's computers are seriously messed up these days due to Deloitte's FUBAR programming, so anything is possible. Only issue that might arise, if they make an error and establish and pay benefits under an invalid new claim, is an overpayment assessment and request for repayment of benefits at some point in the future. This has happened frequently in many states, in the past. Since this would be a no-fault overpayment, chances are CA won't aggressively pursue this until you file another claim - at which point they'll start deducting the overpayment from benefits due under the new claim.

Last edited by Ariadne22; 12-01-2013 at 05:02 PM..
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Old 12-02-2013, 01:33 AM
 
50 posts, read 57,256 times
Reputation: 22
this makes no sense, at the same time reading your post makes more sense.

i honestly do not know what this "december" income is ..... my last pay check was given to me in early december which if my memory serves me right, it was for work completed in late november.

also another question here. so what exactly is their definition of "you earned at least $1300 as an EMPLOYEE" what if someone did heavy work for 4-5 days and was paid via a check in the amount of 900 or 1300? - does this count as reportable income? and is it something that can be considered as income for the year?
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Old 12-02-2013, 10:47 AM
 
Location: Wisconsin
25,580 posts, read 56,488,147 times
Reputation: 23386
Quote:
Originally Posted by dcuz59 View Post
i honestly do not know what this "december" income is ..... my last pay check was given to me in early december which if my memory serves me right, it was for work completed in late november.
What is your exact termination date? When did exactly you file for benefits? If you don't know, what is your benefit year end date (bye), exactly - not just month and year? We can figure back from that.

If you received income in December AFTER you filed, CA could be reading that as new income. Another reason they want income verification from you. Under a decision on "some work" - this may be enough to clear the Section 1277 LAG:

Employment Development Department.

We don't have to get too deep into the weeds on this. If CA is viewing compensation paid after you filed as "new" work, let sleeping dogs lie.


Quote:
Originally Posted by dcuz59 View Post
also another question here. so what exactly is their definition of "you earned at least $1300 as an EMPLOYEE" what if someone did heavy work for 4-5 days and was paid via a check in the amount of 900 or 1300? - does this count as reportable income? and is it something that can be considered as income for the year?
  1. When did you do this work?
  2. For whom did you do this work?
  3. Is this work included in that December quarter?
  4. Were these W-2 wages, reported to SS, IRS, etc., or were you remunerated via personal check?
  5. Were you collecting benefits at the time you did this work?
  6. If so, did you report that income?
If you didn't report that income while collecting benefits, you open a whole new can of worms on fraud and failure to report by requesting that income now be considered as income for purposes of a new claim.

Last edited by Ariadne22; 12-02-2013 at 11:01 AM..
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