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Old 02-15-2013, 11:21 PM
 
3 posts, read 14,078 times
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I live in New York State (NYC specifically) I originally filed my unemployment claim on 03/21/2012 I am currently at my Tier 2 collection, my claim is going to expire a year from today's date however I will still have money left over from my Tier 2 when my claim expires, as well as potential qualification for Tier 3.

Contacting the unemployment office is not just frustrating but also a horrific experience, if they have a high volume of calls you are supposed to call back later and NOT HOLD, after trying numerous times and getting the same message, I am deciding to get some general advice from here until i get a hold of them.

My main question, is what is going to happen when my claim expires, I will clearly need to file a new claim, will the remaining balance of tier 2 are blown away? Will the claim be automatically re-instated and the state will automatically make me claim from the remaining tiers? I am confused.

One thing to note, during 2012 I worked for the first three months.

Deeply appreciate your comments.

Thank you.
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Old 02-16-2013, 04:05 AM
 
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From what I remember (which may not be accurate) at the end of the year you need refile the claim and this is done over the phone with unemployment office which is definitely a frustrating experience.
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Old 02-16-2013, 06:07 AM
 
Location: Manhattan
25,387 posts, read 37,126,683 times
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If you "have money left on Tire 2" presumably you worked part of that benefit year. Also explains why you might be able to ffile a new claim when Tier 3 expires.

I THINK that unused Tier 2 money goes up in smoke.

Can I presume you are still working part time thus leaving money in the pot? Otherwise there will be no capability of filing a successful new claim in sometime in 2014. They look back 5 quarters and you need the eqivalent of 1.5 quarters of work in that period.

File online, it is much simpler. Ask any questions by e-mail from the site...they DO get back to you.

New York State Department of Labor
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Old 02-16-2013, 06:15 AM
 
Location: Not where I want to be
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If you call the unemployment number first thing in the morning (at exactly 8am when they open), you'll probably be on hold for 30 minutes but your call will be answered. If not, they have an option where they will call you back. I did that last week and they called me back in 40 minutes.

As for your claim, I'm not positive but I think you have to file an extension. Check out their site --- there is some good information there even though it's all over the place.


Good luck!
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Old 02-16-2013, 07:49 PM
 
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Quote:
Originally Posted by Kefir King View Post
If you "have money left on Tire 2" presumably you worked part of that benefit year. Also explains why you might be able to ffile a new claim when Tier 3 expires.

I THINK that unused Tier 2 money goes up in smoke.

Can I presume you are still working part time thus leaving money in the pot? Otherwise there will be no capability of filing a successful new claim in sometime in 2014. They look back 5 quarters and you need the eqivalent of 1.5 quarters of work in that period.

File online, it is much simpler. Ask any questions by e-mail from the site...they DO get back to you.

New York State Department of Labor

I am confused by your answer I do apologize, When I filed I assumed they looked at my 2011 income and currently not 2012 since it was still in the making.

No, I did not work in 2012 besides the full time work from Jan-March of that year.

When you say "I may be able to file a new claim when my tier 3 expires" I dont understand how that process works, if i did not even finish my tier 2 yet, will I have to wait?

So to conclude this issue, will I be able to get money for the new claim in which I will file for 2013, or not at all?

Again, thanks for your help.

In the meantime, I will be speaking to them so i can get a STRAIGHT ANSWER for good.
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Old 02-17-2013, 06:52 AM
 
Location: Manhattan
25,387 posts, read 37,126,683 times
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Sorry, my explanation wasn't clear.

Let me try some more based on what you said:
Quote:
No, I did not work in 2012 besides the full time work from Jan-March of that year.
That means your benefits will expire period when a certain amount of time has gone by.
Here's a helpful chart to determine the time frame by state:
Policy Basics: How Many Weeks of Unemployment Compensation Are Available? — Center on Budget and Policy Priorities

You said:
Quote:
My main question, is what is going to happen when my claim expires, I will clearly need to file a new claim

Quote:
I originally filed my unemployment claim on 03/21/2012 I am currently at my Tier 2 collection, my claim is going to expire a year from today's date however
This is cryptic because you are saying you claim will run out in February 2014, "a year from this date." I don't know what that means because a claim is for a BENEFIT YEAR which will expire March 21, 2013...next month.

The law requires that you file a new claim IF YOU CAN. Now, to qualify, they look back 5 quarters not counting the current one and take the first 4 of them to determine your eligibility and rate. So for you this means they will count October 1, 2011 through Sept 30, 2012. You need 1 good quarter and a total of the other 3 to toal at least half this amount. Your weekly draw will be the total of the best quarter divided by 26. (The law has a wrinkle that allows you to count the Fifth quarter if it gets you more money...that's Oct. Nov. Dec. 2012. But if you DO choose that option, you cannot use that quarter again in the future.


MAKE SURE YOU FILE THE NEW CLAIM IN MARCH. Any residual left from the extensions will be gone for good. Forget about these amounts because they have no bearing on you.


Ancillary: from the link it looks like New Yorkers can get a max of 63 weeks of Unemployment, so assuming you qualify for a new claim March 21, you can likely count on getting it until some time in June 2014.
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Old 02-17-2013, 02:31 PM
 
3 posts, read 14,078 times
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I would like to thank you for clarifying to me how they look at past quarterly earnings, so now I do understand how this works.
I am sorry if my post was a little misleading when i claimed that my claim expires from Feb.15,2013 as i mentioned it "today's date" that was actually a typo on my behalf I meant from the March 21st,2012 so I am sorry for the confusion.

The only thing I am disagreeing with you on, is the fact that you are stating the extensions "go up in smoke" after my benefit year claim expires., I mean not necessarily. I did extensive research through other forums and the Department of Labor website and it did specify that if you did not make enough wages for the past year (in order to qualify for a new claim) they will transfer you back on whatever that is left on your extensions to claim , if you lack both (wages and extension that is) then you do not get anything.
If however,you made some wages decent enough for a new claim but not as much as when you used to get in your expired claim ,they will still give you a new weekly benefit amount EVEN THOUGH the weekly benefit may be lower, as long as it is decent enough for claim.

Please let me know what is your opinion regarding this matter.
Again, thanks for your help.
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Old 02-18-2013, 09:53 AM
 
Location: Manhattan
25,387 posts, read 37,126,683 times
Reputation: 12792
Quote:
Department of Labor website and it did specify that if you did not make enough wages for the past year (in order to qualify for a new claim) they will transfer you back on whatever that is left on your extensions to claim ,
Almost but not quite:
If you can file a new claim you MUST...you cannot continue on the estensions (Friend got less money with the new claim but that was the law...no options.)

There is no going "back" to an extension becasue you cannot get Tier 1 until you exhaust your claim...you cannot get Tier 2 until you exahaust Tier 1 so there is no "back" to go to. But if you are on Tier 2 and your benefit year runs out and you cannot file a new claim, then you just continue on Tier 2 as if you had not filed anew until you hit the 63 week mark. If you had been on Tier 1, you keep getting it until Tier 2 kicks in.

I'll bet a lot of people are falling off the 63 week cliff by now.

So no worry for you. You are good through until June (2014) as the current law stands, but God knows what the jokers in Washington might come up with in the meantime.


To an extent you lucked out...if luck can ever be a part of joblessness becasue you will likely get 52 + 63 or 115 weeks or 2.2 years.
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