Claim is about to Expire -- But I made over 1,300 as Independent Contractor can I get Extension? (receive, EDD) - Unemployment -benefits, rate, legislation, insurance, jobless, extension, jobs, employers, employees, hiring, resumes, occupations, government, laws, unions, contracts, workers - City-Data Forum

Bran8821 · 09-06-2015, 01:09 PM

Guys,

My claim in CA is about to expire, but during my claim I worked as an independent contractor (I reported this to EDD) and made over 1,300 dollars during this time. Can I get an emergency extension on my claim? Since I made over the threshold? Is there a way for me to get more money?

Ariadne22 · 09-06-2015, 01:23 PM

Do you have one or two quarters in your LAG to provide the benefit basis for a new claim?

Generally, IC/1099 work is not "covered work" for UI purposes. That said, we've had some people get a new claim based on their LAG from the earlier claim because they showed a connection to the labor market during their benefit year through 1099 work. Others were refused because earnings were not considered "bona fide." ALJ's differ in how they view "bona fide."

You can try for a new claim. You will be denied and need to appeal. You may or may not win on appeal, depending on the ALJ:

This poster succeeded. Read this thread carefully:

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

Bran8821 · 09-06-2015, 01:26 PM

My work is 1099 work. I have reported this income to EDD while I received benefits. Does this mean that I will be able to open a new claim and get more benefits? I'm confused by LAG, not sure what that means.

Ariadne22 · 09-06-2015, 03:02 PM

Quote:

Originally Posted by Bran8821

My work is 1099 work. I have reported this income to EDD while I received benefits. Does this mean that I will be able to open a new claim and get more benefits? I'm confused by LAG, not sure what that means.

You already have your answer - it is NO - unless you can get EDD to recognize the wages as bona fide. For that you need to appeal.

The 1099 earnings will NOT count to your benefit but may allow a new claim based on LAG from the earlier claim.

LAG is unused earnings from your earlier employer - defined as:

Quote:

The "lag period" is the space of time between the end of the base period of the claim and the effective date of the claim itself.

Miscellaneous MI 15 - Monetary Determinations

Read the thread I linked - in its entirety - and reread my earlier post.

Whether or not you get a new claim will depend on the ALJ. As you can do is try.