On Feded for a week, new claim filed with new Claim end date (receive, apply)

[DwnTwn75]

Hi folks,
Great forum!
So I opened a 2nd claim in April 2009.
Looks like a check was cut for my first week of Feded last week. BUT now I'm on a new claim since I took a temp job June-Sept. 2010.
My benefits will be cut by $100 a week...bummed!

From reading previous posts..looks like I will have to
1. use up the amount on the new claim then I can finish my FedEd at the higher rate?

Anyone know what happens after that?
Will I go into tier 1?
If so, can I apply for that 'Deferred Program' to get back up to the higher rate??

Hope to find something by then but would like to know how much time I have.

Edit- I'm in CA

[Ariadne22]

Originally Posted by DwnTwn75

Hi folks,
Great forum!
So I opened a 2nd claim in April 2009.
Looks like a check was cut for my first week of Feded last week. BUT now I'm on a new claim since I took a temp job June-Sept. 2010.
My benefits will be cut by $100 a week...bummed!

From reading previous posts..looks like I will have to
1. use up the amount on the new claim then I can finish my FedEd at the higher rate?

Anyone know what happens after that?
Will I go into tier 1?
If so, can I apply for that 'Deferred Program' to get back up to the higher rate??

Hope to find something by then but would like to know how much time I have.

Edit- I'm in CA

If you have, in fact, collected almost 99 weeks of unemployment so that you are in the final stage of your benefits - Fed-ED in CA (EB everywhere else), then there is nothing left for you but the benefits from the 2nd claim. Fed-ED from the first claim is NOT payable, ever, when a second claim has been established.

If, for some reason, you were taken off the tiers and put on Fed-ED briefly, then under HR4213, you have the right to revert to your higher first claim tier benefits. But, CA has been refusing to do this for people without a lot effort expended on the claimant's part. It doesn't sound as though this is an option for you.

[DwnTwn75]

Hi
I finished Tier 4 and my first FedEd check was cut last week.
I now have a new claim for 20 weeks.

Unfortunately, I'm not eligible for HR4213, my original claim is April 4 2009.

[Ariadne22]

Originally Posted by DwnTwn75

Hi
I finished Tier 4 and my first FedEd check was cut last week.
I now have a new claim for 20 weeks.

Unfortunately, I'm not eligible for HR4213, my original claim is April 4 2009.

HR4213 applies to new claims established after July 22, 2010 and would apply to this new claim, if you had any tier benefits left from the earlier claim, which you don't. As I said, it does not apply to Fed-ED (EB).

20 weeks doesn't sound too bad. You probably have pro-rated tier eligibility there, as well - i.e., 26/20 = 77% x 20wksTier 1 = 15 weeks, and so forth. You may want to verify with CA. I hear they are very responsive on email.

[DwnTwn75]

Oh that's right. I guess my new claim would qualify. I talked to a claims 'auditor' and she said it wouldn't apply. Looks like I'll have to press them on this.

Thanks!

[DwnTwn75]

Talked to a very nice lady. She's saying that I don't qualify because my original claim ended April 2010. I told her I'm on a new claim and she's saying they go by the original claim ending date...
I guess i'll have to appeal this?

[Ariadne22]

Originally Posted by DwnTwn75

Talked to a very nice lady. She's saying that I don't qualify because my original claim ended April 2010. I told her I'm on a new claim and she's saying they go by the original claim ending date...
I guess i'll have to appeal this?

You don't qualify for what?

Your claim ending in April 2010 should have nothing to do with new benefits on the second claim.

In your case, HR4213 is moot, since your benefits are exhausted, so I hope she wasn't talking about that - which would be very odd, anyway, as CA pretends to know nothing about HR4213. But, forget about HR4213 - it does not affect you.

The new claim should qualify you for Emergency Unemployment Compensation (tier benefits) in addition to state benefits unless the dollar amount/time worked is too little. Eligibility for this program ends December 31, 2011.

[DwnTwn75]

I don't qualify for the 'EUC fix/deffered pay' yet?

Looks like I started tier 1 (not feded) in Dec. from my 4/2009 claim. I finished all the tiers from a 4/2008 claim.
I was told I had finish the money on my new claim at the low amount. Then I can finish the rest of the tiers at the higher amount(450). So, I'd have to take the low amount until beginning of April(not too bad).

The EDD lady quoted right out of some document.
Something like ' if the original claim year ends before July 22 2010, the claimant will not receive deferred pay.


Here's a doc that was posted to unemployedfriends.com. Looks like this is what the EDD folks are using...
http://www.nelp.org/page/-/UI/2010/F...20Fix%20QA.pdf

This date of 7/22/2010 of course is not listed in the official HR4213 document. Unless I missed it
http://frwebgate.access.gpo.gov/cgi-...213enr.txt.pdf

I'm going to appeal anyway since it is a brand new claim!