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Old 04-28-2012, 11:26 AM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520

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Quote:
Originally Posted by dynimagelv View Post
hmmmmmmm isn't drawing unemployment and going to school full time [thus not seeking and accepting full time employment] in FACT, STEALING?
Yes it is, unless it does not interfere with you seeking work or accepting a full-time job. But claimants don't get to decide that themselves; it is an issue that must be decided by the Adjudicator after they get all the information and you fill out some forms.

It is one of the questions on the weekly claim questionnaire, and if your answer to any of those questions is a lie, you will be found guilty of fraud. That question asks, "during the week claimed..., did you attend school or approved training?" (or words to that effect.) If you say "no" and you did ...fraud.

But once the training or schooling is approved by ESD, then they might tell you to answer with an approved lie, "no", because it is on the record, and a "no" won't stop your claim as it did before approval.

I say "might" because they might have found a way in the computer to change the question after approval has been issued. I haven't seen the questions in a while, but while I was working, there was no other way but to say "no" when it was "yes". But if any part of what was approved changes you have to tell them, and answering "yes" to that question will always stop the claim until the problem is resolved. You can always call before that happens too. I can think of a lot of ways they might have changed that system since you can use computers to file claims.

Last edited by Buzz123; 04-28-2012 at 11:36 AM..

 
Old 04-28-2012, 01:00 PM
 
5 posts, read 9,962 times
Reputation: 10
Quote:
Originally Posted by Buzz123 View Post
Whoaaaaaaaaaaaa. School? You can't get unemployment and go to school unless your school schedule is flexible enough to allow you time to not only look for a FULL TIME job, but also to take one when offered. Internship? Same thing, especially if you get paid from it which would affect your claim. And if you don't report these things you would be committing fraud, so I hope you know the rules and don't end up facing a judge. 32 hours a week is considered fulltime for UI purposes.

I got the $169 a week from what you said earlier. So do you already have a claim in effect this year? Is what you're filing now an Additional Claim (meaning reopening an existing one)? Does the original expire in July or something?
Unpaid internship, so that would not be a factor.

Can unemployment check or will they check to see if a claimant is in school? I believe the only way they'd ever know is if u change from school status for YtoN or vice versa, correct?

New benefit amount w this employer's wages starts in July, so yes would be a new claim. Not planning on claiming til then and haven't been. The amount I am eligible for now is significantly less and would be locked in for a year if I claimed for the back paid weeks during this appeal process.
 
Old 04-28-2012, 04:03 PM
 
5 posts, read 9,962 times
Reputation: 10
Quote:
Originally Posted by Buzz123 View Post
Yes it is, unless it does not interfere with you seeking work or accepting a full-time job. But claimants don't get to decide that themselves; it is an issue that must be decided by the Adjudicator after they get all the information and you fill out some forms.

It is one of the questions on the weekly claim questionnaire, and if your answer to any of those questions is a lie, you will be found guilty of fraud. That question asks, "during the week claimed..., did you attend school or approved training?" (or words to that effect.) If you say "no" and you did ...fraud.

But once the training or schooling is approved by ESD, then they might tell you to answer with an approved lie, "no", because it is on the record, and a "no" won't stop your claim as it did before approval.

I say "might" because they might have found a way in the computer to change the question after approval has been issued. I haven't seen the questions in a while, but while I was working, there was no other way but to say "no" when it was "yes". But if any part of what was approved changes you have to tell them, and answering "yes" to that question will always stop the claim until the problem is resolved. You can always call before that happens too. I can think of a lot of ways they might have changed that system since you can use computers to file claims.
Hmm, if I recall correctly I answered no to it already, so I think that part is the least of my worries because there will be no disparities between no then and no now. Have u ever heard of them investigating to see if it is true though..? I don't see them doing so, it'd be so time consuming for them.

To avoid any potential fraud claim though I could simply just say yes and all the classes are online and I'm enrolled parttime, could they ever prove otherwise? I don't know how long u haven't been there but last time I dealt with an issue over my availability via the school question I just told them that and they said ok n it was np.

Last edited by kyle88; 04-28-2012 at 04:16 PM..
 
Old 04-28-2012, 05:10 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
[quote=kyle88;24068771]Unpaid internship, so that would not be a factor.

Can unemployment check or will they check to see if a claimant is in school? I believe the only way they'd ever know is if u change from school status for YtoN or vice versa, correct?

New benefit amount w this employer's wages starts in July, so yes would be a new claim. Not planning on claiming til then and haven't been.

I have no idea what you are talking about here unless, as I asked you, you have had a claim since last July, and you are reopening that claim until it expires. But I get the feeling you don't know what that means.


The amount I am eligible for now is significantly less and would be locked in for a year if I claimed for the back paid weeks during this appeal process.[/
QUOTE]

Once you filed the Initial Claim, that claim is in effect for one year whether you collect on it or not. The decision of eligibility that you got from Adjudication stands forever. Where did you get the idea that you can file in July? [/

As for your first question, if you are asking me if you will get caught when you decide to commit fraud, the answer is YES. They can and they will audit your claim eventually, and if they find out you lied, a judge will order you to pay back every dime they paid you ...if they pay you. After all this I'm betting you will not be collecting unemployment, so don't count on it. After all they already decided against you. Now the Appeals Referee will just make sure the law was followed, and all evidence was presented to the Adjudicator that made the original decision. To be honest, you keep making statements that make people want to report you to ESD for fraud if you win the appeal.
 
Old 04-28-2012, 05:19 PM
 
8,419 posts, read 4,574,906 times
Reputation: 5591
I can't believe this guy is asking our resident UI expert how to commit fraud against ESD...

I've had legitimate questions for Buzz I've held back so as not to bug him, now this? No wonder
he doesn't want to answer questions.
 
Old 04-28-2012, 05:39 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
Quote:
Originally Posted by clutchcargo777 View Post
I can't believe this guy is asking our resident UI expert how to commit fraud against ESD...

I've had legitimate questions for Buzz I've held back so as not to bug him, now this? No wonder
he doesn't want to answer questions.
Clutch, the only reason I'm answering him at all is for the benefit of others like yourself that might need to know. But everyone keep in mind that I don't work there anymore.

I've yet to meet anyone that wants to confront all the details of the law. They ALWAYS try to boil the law down into a simple answer that satisfies whatever they want to believe. But it is complicated and not easy to understand if you have no background in such legal issues.

My advise to everyone is to keep their answers to ESD people focused on the real issues, and don't ramble on about things they haven't been asked about. But don't be afraid to ask questions, and don't assume anything ...well, you can assume one thing: that is that you probably have the wrong answers if they came from anyone but an ESD employee.
 
Old 04-28-2012, 07:41 PM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,408,068 times
Reputation: 10726
The OP has had their questions answered. This will be useful info to others as well. Thanks, everyone.
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