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Old 08-15-2014, 09:43 PM
 
2 posts, read 4,754 times
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I have recently filed for UI in CA after being laid off last month (July 2014) and was initially denied based on my CA wages, which had a quarter high of $1,000 and fell short of the $1,300 minimum to receive unemployment. But they received information about my wages in NV from the quarter ended June 30, 2013 and calculated my benefits based on this and I am now receiving ~$300.

I earned considerably more in the quarter ended June 30, 2014, which would qualify me for collecting ~$400 and I didn't opt for the combined wage claim and the notice of determination on combined wage claim states "Since you are monetarily eligible in another state, you have the right to request cancellation of this Combined Wage Claim at any time within the Benefit Year". That said, will switching to the alternate base period limit my eligibility for reopening a claim once my unemployment is exhausted?

I spoke with one agent from the EDD who advised me to proceed with requesting that my claim be recalculated and submit my earnings for that quarter, but recently I called in regarding this and was advised that the alternate base period is only used if it's determined that my earnings in the standard base period do not qualify me for unemployment.

I think that a good deal of my confusion stems from not knowing what my options would be should my unemployment be exhausted in 17 weeks (November 2014). Re-opening a claim? Filing a new claim? Filing for a federal extension? Filing for a state extension? Being completely ineligible for claims if I have not found employment since being laid off last month? Needing to wait while penniless until 7/13/15 to do anything?

Given the conflicting and seemingly improvised accounts by EDD reps, I appreciate any guidance on navigating these rather tortuous waters. Thank you!
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Old 08-15-2014, 10:22 PM
 
Location: Wisconsin
21,534 posts, read 43,972,276 times
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Quote:
Originally Posted by gentlecaves View Post
I have recently filed for UI in CA after being laid off last month (July 2014) and was initially denied based on my CA wages, which had a quarter high of $1,000 and fell short of the $1,300 minimum to receive unemployment. But they received information about my wages in NV from the quarter ended June 30, 2013 and calculated my benefits based on this and I am now receiving ~$300.
So, the quarter you were short in CA wages was Qtr ending 3/31/2014. And, instead, CA used its SBP in this combined wage claim April 2013-March 2014 and included Nevada wages because you didn't qualify under SBP using CA wages.

Quote:
Originally Posted by gentlecaves View Post
I earned considerably more in the quarter ended June 30, 2014, which would qualify me for collecting ~$400 and I didn't opt for the combined wage claim and the notice of determination on combined wage claim states "Since you are monetarily eligible in another state, you have the right to request cancellation of this Combined Wage Claim at any time within the Benefit Year". That said, will switching to the alternate base period limit my eligibility for reopening a claim once my unemployment is exhausted?
To the extent that the unused CA wages currently in your LAG and available for future use and another possible claim in July 2015 - should you work during current benefit year - the answer is yes - because the majority of the LAG will be used to qualify for the ABP claim.

Quote:
Originally Posted by gentlecaves View Post
I spoke with one agent from the EDD who advised me to proceed with requesting that my claim be recalculated and submit my earnings for that quarter, but recently I called in regarding this and was advised that the alternate base period is only used if it's determined that my earnings in the standard base period do not qualify me for unemployment.
Yes. So, if you cancel combined wage claim, your CA claim would be done on the ABP using CA wages July 1, 2013 through June 30, 2014.

Quote:
Originally Posted by gentlecaves View Post
I think that a good deal of my confusion stems from not knowing what my options would be should my unemployment be exhausted in 17 weeks (November 2014).

Re-opening a claim?
You don't reopen a claim - unless you stop claiming at one point or another in your benefit year. Then, you call CA to reopen the claim when you are ready to resume claiming.

Quote:
Originally Posted by gentlecaves View Post
Filing a new claim?
You can only file a new claim in July 2015.
Quote:
Originally Posted by gentlecaves View Post
Filing for a federal extension?
There are NO federal extensions - and have not been since December 2013.

Quote:
Originally Posted by gentlecaves View Post
Filing for a state extension?
There are NO state extensions. CA FED ED ended in 2012.

Quote:
Originally Posted by gentlecaves View Post
Being completely ineligible for claims if I have not found employment since being laid off last month?
True. You need to work during your benefit year to have new claim eligibility in July 2015.
Quote:
Originally Posted by gentlecaves View Post
Needing to wait while penniless until 7/13/15 to do anything?
Yes. That's what will happen. You are allowed one claim a year.

You need to examine the overall monetary benefit available under:
  1. Your Current Claim = $300/wk for 17 weeks
  2. Potential Claim using CA ABP = $400/wk for x number of weeks
Using CA's ABP, you may achieve a higher weekly benefit, but are the total dollars available under that claim MORE than the combined wage claim?

To determine that, total the base period wages CA would be using for the ABP claim (7/01/2013-6/30/2014), divide that by 50%. That is your total monetary award.

Say, your total base period wages using the ABP are $11,000. $11,000/2 = $5,500/$400 = 13.75 wks benefits

vs. the current combined wage claim of $300/wk for 17 weeks = $5,100.

So, depending on base wages in CA claim, you may (or may not) be better off keeping combined wage claim, reserving the LAG wages not used presently for a new claim next July - assuming you've worked enough to qualify for a new claim. You don't need to earn a lot, per CA:
Quote:
Requalification Requirements: To requalify for a subsequent new claim, you must have worked and earned at least
(1) $1,300 in one quarter, or
(2) at least $900 in your highest quarter and a total of 1.25 times your high
quarter earnings during the benefit year of your original claim.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf
Even self-employment wages - although not included in monetary determination - meets the "some work" and "attachment to labor market" criteria of Section 1277 to allow use of LAG wages next year for another claim.

A thread on that issue, here:

I'm filing my second year of unemployment and it seems they are using my alternate base period instead of my standard!

If the differential between the two options is only $300-$400 overall, I would keep the combined-wage claim which uses the NV earnings, and hold in reserve the high quarter ending 6/30/2014 for use next year. If you can find some work, you then would have the possibility of a new claim in 2015 at $400/wk for however long 50% of total base period wages allow.

Last edited by JMT; 08-16-2014 at 02:20 PM..
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Old 08-16-2014, 12:33 AM
 
2 posts, read 4,754 times
Reputation: 10
Thank you so very much for the thoughtful and thorough response. I'm still mesmerized by just how this response pretty much destroyed all trace of confusion on my question with pinpoint precision.





Thank you.
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Old 08-16-2014, 12:42 AM
 
Location: Wisconsin
21,534 posts, read 43,972,276 times
Reputation: 15135
LOL - glad I could help.
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