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I repeated the information you gave me. When I had my hearing I submitted copies of the checks I deposited, receipts, and email copy's for proof of dates.
It's a long letter but it says the department determination is reversed the claimant is eligible for benefits under unemployment insurance code section 1277 beginning July 20, 2014.
I'm looking for the statement which says SE earnings satisfy the attachment to labor market criteria of Section 1277. Hopefully, it's only a few sentences?
Thanks. We really do appreciate the final updates.
The "some work" requirement in section 1277 includes renumeration received from self-employment president decision to PB 156 in this case given that the term some work include self-employment renumeration Claimant received unemployment benefits during the 52 week period beginning with the effective date of the prior initial claim and the claimant worked during the claim and the wages were at least $900 during one quarter and 1.25 the amount of the hike order wages claim filed on July 20 2014 is valid and the claimant is eligible for benefits under the code section 1277
Do some work requirement in section 1277 include renumeration received from self-employment. Precedent decision to PB 156. In this case given that the term "some work" include self-employment remuneration, Claimant received unemployment benefits during the 52 week period beginning with the effective date of the prior initial claim and the claimant worked during the claim. If the wages were at least nine hundred dollars during one quarter and 1.25 the amount of the high quarter wages, claim filed on July 20 2014 is valid and the claimant is eligible for benefits under the code section 1277
Made a couple corrections to the above for future readers. It pays to put in the work, doesn't it? Thanks, again, for the update. Much appreciated.
Last edited by Ariadne22; 08-25-2014 at 05:28 PM..
Watch out for a wages/fs det if you did not report s.e earnings
He wasn't claiming benefits while working SE, per his response to me when I warned him about that here:
Quote:
Originally Posted by Danjohn77
Quote:
Originally Posted by Ariadne22
Hopefully, you did declare those self-employment earnings when you earned them. Otherwise, CA may open a new claim, but will then impose a false statement penalty of a minimum of five weeks dq, plus one add'l dq week for every add'l week you failed to report earnings, plus a repayment of any overpayment of benefits due to that failure to report, plus a 30% penalty.
Also I only received benefits for two months, I started doing handyman work off of craigslist after that.
He should all be right. Gotta love that UIBDG. Most states don't recognize SE/1099 etc., attachment to labor market criteria. They should, especially these days.
I have a similar case as Danjohn77. but the judge decided to pick on the "wages" term from 1277 after the hearing. To which I quote "his self-employment earnings cannot be considered wages for services performed as an employee." Believe the very last section of 1277 specifically states that wages has to be earned as an employee.
I've already put together a counter argument for Sacramento Board Appeal. Would you be so kind to get me some feedback on that document. Unfortunately I can't send you private message. I believe I have 20 days to appeal. The deadline is the 30th of March.
Best,
Az
Last edited by Azheng1002; 03-18-2015 at 03:13 PM..
I hope to soon receive an offer for a 15-week consultancy, starting 9/21/2015 with a $12,000 stipend ($800/week), with an out-of-state department of education. My 26-week regular benefit period will soon very end, with my claim end date in late January... shortly after the consultancy ends. If I am not retained or do not find new work thereafter, would I be able to renew or reopen my claim? I will have earned more than the $1,300 after rejoining the workforce but I am still unclear about eligibility both after I exhausted the maximum claim amount and after the claim year ends in January 2016.
I am seeking any additional information or more reliable insight to better evaluate my options and plan ahead.
I hope to soon receive an offer for a 15-week consultancy, starting 9/21/2015 with a $12,000 stipend ($800/week), with an out-of-state department of education.
My 26-week regular benefit period will soon very end, with my claim end date in late January...shortly after the consultancy ends.
If I am not retained or do not find new work thereafter, would I be able to renew or reopen my claim?
I will have earned more than the $1,300 after rejoining the workforce but I am still unclear about eligibility both after I exhausted the maximum claim amount and after the claim year ends in January 2016.
Where is the out-of-state employment???
I assume you are in CA and your present claim is from California b/c you mention $1,300. Your out-of-state wages may allow a requalifying CA combined-wage claim when your CA benefit year ends - especially if you have LAG from the earlier claim. You would need to provide CA proof of those wages since employer will be reporting to the state in which you're working (probably), not California.
You need to examine which state pays the better benefit, especially if you have LAG from the CA claim which could be used for a combined-wage claim in either state.
You should have eligibility in both states. The issue is which is the better state in which to use those 15 weeks' earnings.
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