Don't meet requirements but still getting benefits? (collect, file, receive)
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I filed for unemployment benefits after earning $8192 and working for 18 weeks (the requirements are $8300 or 20 working weeks). I did a monetary interview and the person told me that I wasn't eligible and my future non monetary interview was cancelled. However I received a letter today saying that I have a weekly benefit rate. Near the bottom it says something along the lines of, if "0.00" has been entered in the weekly benefit rate box, your claim is invalid and I am ineligible to receive benefits. What does this mean? Will I still be able to claim or is this letter a mistake?
Near the bottom it says something along the lines of, if "0.00" has been entered in the weekly benefit rate box, your claim is invalid and I am ineligible to receive benefits.
You need to make the distinction between $8192 (total earnings) and WEEKLY benefit rate. What is your weekly rate as listed on the letter?
Is it normal to not meet the requirements but still get benefits? That is why I'm hesitant to claim the benefits, I just don't want to get penalized or get in trouble later.
Also I checked the claims page, and it says my claim has been pended. Does that mean I have to wait before I collect?
Is it normal to not meet the requirements but still get benefits?
The letter says you did meet the requirements. Some UI workers aren't that bright and you can't live your life based on what they tell you. Sometimes you have to just do it (as in apply) and see what happens.
Quote:
Originally Posted by bigb0b
That is why I'm hesitant to claim the benefits, I just don't want to get penalized or get in trouble later.
Assuming the computers made a mistake (they probably didn't) it wouldn't be your fault, it wouldn't be fraud, and you can't get in trouble for that. The worst they do to you is ask for the money back, and there's lots of ways not to have to pay it back. Go get your money until you're told otherwise as in by an official letter and not because low paid clerk that's probably worked there 6 months gave you bad advice.
Quote:
Originally Posted by bigb0b
Also I checked the claims page, and it says my claim has been pended. Does that mean I have to wait before I collect?
"Pended" happens because in a job separation there are TWO parties involved: you and your employer. Just because you might have told the UI people that you were separated under nondisqualifying circumstances (as in laid off) doesn't mean your employer is going to say the same thing. The UI people have to contact your employer and based on who says what, they UI people will either make a decision to release your payments to you or keep them until circumstances change.
Just file your (bi)weekly claim forms like you're supposed to do and see what happens.
The letter says you did meet the requirements. Some UI workers aren't that bright and you can't live your life based on what they tell you. Sometimes you have to just do it (as in apply) and see what happens.
Assuming the computers made a mistake (they probably didn't) it wouldn't be your fault, it wouldn't be fraud, and you can't get in trouble for that. The worst they do to you is ask for the money back, and there's lots of ways not to have to pay it back. Go get your money until you're told otherwise as in by an official letter and not because low paid clerk that's probably worked there 6 months gave you bad advice.
"Pended" happens because in a job separation there are TWO parties involved: you and your employer. Just because you might have told the UI people that you were separated under nondisqualifying circumstances (as in laid off) doesn't mean your employer is going to say the same thing. The UI people have to contact your employer and based on who says what, they UI people will either make a decision to release your payments to you or keep them until circumstances change.
Just file your (bi)weekly claim forms like you're supposed to do and see what happens.
Thank you so much for your help and quick replies, really appreciate it. I'll file and see what happens.
I filed for unemployment benefits after earning $8192 and working for 18 weeks (the requirements are $8300 or 20 working weeks). I did a monetary interview and the person told me that I wasn't eligible and my future non monetary interview was cancelled. However I received a letter today saying that I have a weekly benefit rate. Near the bottom it says something along the lines of, if "0.00" has been entered in the weekly benefit rate box, your claim is invalid and I am ineligible to receive benefits. What does this mean? Will I still be able to claim or is this letter a mistake?
If weekly benefit rate is entered, clearly it is not "0.00" and you can ignore that.
That said, what state are in? No way to know if the letter means what it says without knowing the state. Your quote sounds suspiciously like NJ. Is the $8,300 a typo?? If you are in NJ, NJ says this on earnings requirement:
Quote:
To be eligible for unemployment benefits, you must have worked at least 20 base weeks in covered employment or you must have earned $8,400.
NJ may have found the additional $208 needed for eligibility. Does the letter list the quarters/earnings on which this $289 benefit is based and the total monetary award?? If so, unless you are below the $8,400, you should be OK.
If weekly benefit rate is entered, clearly it is not "0.00" and you can ignore that.
That said, what state are in? No way to know if the letter means what it says without knowing the state. Your quote sounds suspiciously like NJ. Is the $8,300 a typo?? If you are in NJ, NJ says this on earnings requirement:NJ may have found the additional $208 needed for eligibility. Does the letter list the quarters/earnings on which this $289 benefit is based and the total monetary award?? If so, unless you are below the $8,400, you should be OK.
Yes I am in NJ, the person on the phone told me $8,300 but online and on this letter it says $8,400. Here is a pic of the letter. Not entirely sure what some of these dates mean
It looks to me like NJ has incorrectly duplicated your earnings from quarters ending 6/30/2016 and 3/31/2016 - as identical wages are entered on both lines for both quarters. Only difference is second line shows total weeks of 18 instead of 16. Further, since there are only 26 weeks in two quarters, the 34 base weeks shown on the bottom of the letter is wrong, as well.
What is your actual employment history? Are the earnings numbers on either line correct? If so, you are not eligible, as your wages are below $8,400.
It's possible during the pending period, NJ will catch the error. That said, NJ may pay the benefit because of this computer glitch and came after you later for a repayment when the claim is audited. If you fail to repay, NJ has several means by which it can collect - final options being Treasury Tax Offset Program under which any tax refunds are sent to NJ - or wage garnishment which NJ absolutely will do. UE overpayments can be discharged in bankruptcy in NJ, as well, if it comes to that. Not all state laws allow this.
My advice - don't take the money and avoid the hassles. Instead, find another job - even if it is for only a few weeks to pick up the money you need. NJ's third base period - earnings to the date of discharge - would then qualify you for a benefit.
Last edited by Ariadne22; 07-15-2016 at 05:25 PM..
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