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Old 02-06-2013, 01:25 PM
Ariadne22
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
Quote:
Originally Posted by Emmanate View Post
Back to the "do not have in excess excess of 40 times"...denial DE6330EUCD form I received. I filed an appeal and here are my particulars:

Claim Began 9/2/2012
Claim Ending Date 8/31/2013
Max Benefit Amount $5630
Weekly Benefit Amt $434
Based on Quarterly Earnings March 2012 of $11,258.81
Total income for Last 4 Quarters Starting June 1/2011 of $41,305

My appeal date is 2/15/2013, with this information any chance I will be able to continue my unemployment benefits? Or should I just cancel by court date and reapply after 8/31/2013 if I am still unemployed since very specific federal guidelines apply to unemployment continuation claims?
Are you posting earnings CA used in your base-year as shown on your determination letter, or some other numbers?

40x$434=$18,560. Your total earnings are $41,305. You've clearly earned far in excess of 40x your weekly benefit, and 1.5x your high quarter.

Also, with those earnings, you should have a 26-week benefit, not a 13 week benefit. ($434x12.97=$5,630).

Per CA:
Quote:
Maximum Benefi t Amount: The amount shown is your maximum
UI award for this claim. The maximum award is 26 times the
weekly benefi t amount or one-half of the total base period wages,
whichever is less (see number 5, for an explanation of the term
base period). When you have received your maximum award, no
further benefi ts are payable. You cannot fi le another California UI
claim until your current claim year ends.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf
50% of your base period wages is $20,652 ($41,305/2). CA won't pay more than 434x26, or $11,284.

Your original monetary determination should have been $11,284 and provided a full 26 weeks' benefits. The method of calculation and weekly charts are clearly explained in the CA handbook, which you should have read.

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

Your entire monetary determination is incorrect if CA is, in fact, using the numbers you have posted. You should be collecting state benefits until March, and then go on to EUC.

CA rarely screws up this badly. Have you tried handling this via phone call, rather than written appeal? Any rep could make this correction. There is a data entry error somewhere in your claim.

Last edited by Ariadne22; 02-06-2013 at 01:36 PM..
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