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Old 01-21-2012, 10:13 PM
 
11 posts, read 25,927 times
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Hello there. My situation is tricky and I hope I am not screwed

I will exhaust all my unemployment benefits during the first week of my next 2 week claim form.

My weekly amount is $377 and I will have only $170.50 left on my claim form for week ending 1/28/11.

Here is the kicker though, the second week of that claim for will be week ending 2/4/12. BUT MY BYE is 1/30/12! So as of Tuesday during that second week claim form my claim is expired.

Question how does all of this pertain to an extension? If I was eligible for one would I be paid for the remainder of my first weeks benefits? Would i get to start an extension just in time before my claim ends? So confused.
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Old 01-22-2012, 03:48 PM
 
Location: Wisconsin
25,090 posts, read 54,056,970 times
Reputation: 22039
My comments in bold:
Quote:
Originally Posted by JamiC1217 View Post
I will exhaust all my unemployment benefits during the first week of my next 2 week claim form.

My weekly amount is $377 and I will have only $170.50 left on my claim form for week ending 1/28/11.

Here is the kicker though, the second week of that claim for will be week ending 2/4/12. BUT MY BYE is 1/30/12! So as of Tuesday during that second week claim form my claim is expired.

Question how does all of this pertain to an extension? If I was eligible for one would I be paid for the remainder of my first weeks benefits?

No. Your benefit of $170.50 is what is left of your state benefits and is paid as a stand-alone amount. $170.50 is all you will receive for that week. Full benefits will resume the following week.

California does not commingle state and federal payments in the same two-week claim period, nor does it commingle different claim payments in the same two-week period should you be eligible for a new claim.

Therefore, you will either receive claim forms in which that 2nd week is X'd out, or CA may just send you one claim form for the remaining $170.50, do its monetary calculation for new claim eligibility and send you claim forms separately for the new claim.

Would i get to start an extension just in time before my claim ends?

Answer to this is subject to CA interpretation.

As a general rule, you must have received at least one payment under EUC prior to your bye in order to continue the program after the bye.

That said, California may choose to interpret this differently and may allow you to establish a right to EUC on the 2011 claim without actually paying from EUC prior to the bye. In that case, if you are eligible for a new state claim, under HR4213, CA should allow you to defer those new state benefits and, instead, begin Tier 1 under its DNCP program if the new claim benefit is $100 or 25% below your current benefit.
Yours is an interesting case because your bye occurs immediately after you exhaust state benefits and before you've been paid EUC benefits.

Please let us know how California handles this.

Last edited by Ariadne22; 01-22-2012 at 04:43 PM..
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