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Old 12-20-2010, 10:34 PM
 
6 posts, read 20,740 times
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Hi, I couldn't find an answer to this anywhere else so I was just wondering if anyone has filed an appeal to have your base year recalculated and won? This seems unlikely but I'm so desperate and feel completely caught off guard. I worked for 9 months but because of this ridiculous base year stuff I only got credit for 17 weeks, thus, I am being denied an extension, and just in time for Christmas . Any info is appreciated.

Thanks!
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Old 12-21-2010, 01:06 AM
 
Location: Wisconsin
23,470 posts, read 50,002,816 times
Reputation: 18133
Quote:
Originally Posted by grrmom View Post
Hi, I couldn't find an answer to this anywhere else so I was just wondering if anyone has filed an appeal to have your base year recalculated and won? This seems unlikely but I'm so desperate and feel completely caught off guard. I worked for 9 months but because of this ridiculous base year stuff I only got credit for 17 weeks, thus, I am being denied an extension, and just in time for Christmas . Any info is appreciated.
If this is your first claim, there isn't anything you can do other than try to withdraw/cancel this claim and refile in three months or so when another 13 weeks' wages would be considered. Some states do allow one to delay filing. I do not know what NJ allows. That, I think, is your only hope. Many people delay filing immediately for this reason.

If this is not your first claim, but a new claim established because of the 9 months' work, please provide your claim history. There might be another possibility.

Last edited by Ariadne22; 12-21-2010 at 01:48 AM..
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Old 12-21-2010, 12:43 PM
 
Location: Wisconsin
23,470 posts, read 50,002,816 times
Reputation: 18133
Quote:
Originally Posted by Ariadne22 View Post
If this is your first claim, there isn't anything you can do other than try to withdraw/cancel this claim and refile in one month or so when another 13 weeks' wages would be considered. Some states do allow one to delay filing. I do not know what NJ allows. That, I think, is your only hope. Many people delay filing immediately for this reason.

If this is not your first claim, but a new claim established because of the 9 months' work, please provide your claim history. There might be another possibility.
Correction. The above should read refile in one month in January 2011. That way 1Q2011 and 4Q2010 are ignored and your earnings through 3Q2010 are included which might put you over the threshold to qualify for EUC. Of course, if you are allowed to wait to file until April 2011 (and can afford to), then all your 2010 earnings are considered.

Again, if this is a second claim, the options may be different.
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Old 12-21-2010, 11:01 PM
 
6 posts, read 20,740 times
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Hi, ok, some more details. I filed in August. I worked from November 09 til August 10. Prior to that I was on Unemployment for 16 months, since July of 08. I found a job that would pay me just about what I was making on unemployment so I took it since I didn't want to run out of benefits. I was terminated August and promptly filed. I now know that had I waited six weeks and filed in October I would have recieved full benefits. I ran out of benefits last week and found out yesterday that I was not being approved for an extension for the reason that I only worked 17 base weeks. I'll be sending my letter to appeal tomorrow and hoping for the best. Is there any way that I could revert to my previous claim when it's that old and I've already been on a new claim for so long? I tried to get through to them today but they "had an extremely high call volume and I should call back later."

Again, thanks to all for the help and info.
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Old 12-21-2010, 11:49 PM
 
Location: Wisconsin
23,470 posts, read 50,002,816 times
Reputation: 18133
Actually, they should be looking at that old claim for unused tier benefits.

When there is more than one claim in existence, benefits are paid as follows:

Claim 1 - 26 weeks state benefits and tiers until 2nd claim established
Claim 2 - state benefits - in your case 17 weeks
Claim 1 - Remaining tier benefits
Claim 2 - Tier benefits
Claim 2 - EB

EB on the first claim is not available when a second claim has been established. However, NJ may be handling EB differently.

Yes, you should be able to revert to your first claim now. Many other states have done that when a second claim is exhausted. A 2008 claim is not too old for this since the EUC legislation has been extended.

Try calling NJ again to see if they can't place you back on what remains of your old claim before filing an appeal. This is a very common occurrence and is happening in PA, CA, WI and other states when the second claim state benefits are exhausted. This has not required a call from the claimant. The states just do it.

Last edited by Ariadne22; 12-22-2010 at 12:01 AM..
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Old 12-25-2010, 11:37 AM
 
41 posts, read 104,864 times
Reputation: 48
I was in a situation where I was working for 4 yrs...laid off for almost a year...had a very high paying job for only 4 months...and then got laid off. I only got a few weeks of my new claim from that 4 month job, but after that I called and was placed back on my old tier 2 from the first time until i found a new job.
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Old 01-06-2011, 08:11 AM
 
6 posts, read 20,740 times
Reputation: 10
Thank you all for your responses. You are right, I would be eligible to be placed on my old claim but they're saying I exhausted that. If I remember correctly I was just about to go into EB when I got the last job. So, I'm out of luck. I appealed, just in case I get lucky and they do change my base year, but I'm not counting on that.
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