Question regarding expiring unemployment claim... (collecting, apply, holiday, work)

[ACK4]

hi -- i posted (above) about where i am in this in process. i can't get through on the phone -- vietnamese, spanish, or english lines -- been trying for 2.5 hours.

if i am not able to get through on the phone to file for a new benefit year with an edd rep walking me through it, the other option, where they do it for me, if i understand correctly, would go something like this:

-they file a new claim automatically because i have reached BYE
-they will schedule a phone interview to ask about my contract earnings
-meanwhile, i will get a letter saying my claim has been denied due to lack of earnings (ignore this)
-i have the phone interview
-they approve a new claim that puts me back on the tier 2 extension and send out claim forms...

i will continue to try to get through on the phone so they can get whatever info they want upfront, and hopefully i can avoid a phone interview.

but, if i have to go with Plan B, i would really appreciate knowing how long it might take before i see an actual check or deposit on my edd debit card). what does the plan B timeline look like, is what i am getting at.

because right now, it's not looking good for getting through on the phone.

thanks.

[Ariadne22]

Originally Posted by ACK4

but, if i have to go with Plan B, i would really appreciate knowing how long it might take before i see an actual check or deposit on my edd debit card). what does the plan B timeline look like, is what i am getting at.

because right now, it's not looking good for getting through on the phone.

Last report we had when an automatic recertification in CA was done, it appeared there might be a two week gap in payments (claimant would get their money retro, eventually), as they hadn't received any mail on the recertification until about 3 weeks after the bye, which is late for CA.

Keep trying on the phone this week. Normally, CA is pretty good about this, but there is always the unexpected, especially if they want information on your earnings.

[ACK4]

Thank you! I will leave detailed info re my experience in case someone else can benefit from it.

Well, I did get though (Vietnamese line) eventually...about three hours of dialing (off and on). When the Vietnamese guy heard me speaking English, he did not say one word (I thought 'uh oh') and just transferred me off to someone else. This person spoke native English. I told him I was at my BYE, and he checked my records, came back on the line, said, yes, I needed to refile. Yet another transfer to someone else to help with the refiling. I was praying I would not get cut off in the all the transferring!

Filing a new claim took about 8 minutes flat. It could not have been faster/easier. She called it a 'transitional' claim, so there is no gap timewise, or moneywise in benefits. I will pick up on Tier 2 where I left off.

We went over the details (everybody, you need to know the last day you worked before you get an EDD rep on the phone, so look up your last employer's, phone, address, and your contact there, as well as last day worked). She asked all the questions and then told me we were done.

There will be no phone interview. She said they were not interested in contract earnings I had during the claim year. She said the only reason they would be interested is if someone reported that I had contract earnings but I had not reported it.

I also asked whether I would have to have another phone interview to clear any future independent contractor earnings and she said no. She said the original phone interview was only necessary because they wanted to make sure I wasn't running a business. I am not; the small projects I have had were 'piecework' -- a few days worth of administrative work here and there. So that was a relief, because a phone interview would have caused a delay.

As a matter of fact, I think it was my own misuse of the term 'self employment' that led to my having had a phone interview once before. During questions, you are asked if you are self employed, and because I had done some work that was not w-2, I thought that was self-employment. So I said 'yes', at which point they scheduled the interview. If I had said "no" and that the work was "piecework" I might not have been scheduled for the phone interview the last time. Be careful the language you use with EDD reps! Self-employment to them means 'running a business'.

I will get the letter stating that my new claim was rejected due to the fact that I have had no W-2 earnings in the past year, but I will also get the two week claim form for continuing on with Tier 2.

And you were correct. The last two weeks of my BY were paid in full and on time. Even though my benefit year ended on 3/31 (as did the last two week claim period), she confirmed that that payment was 'in process' and will show up per the usual.

Great! Another thing off my worry list.

Originally Posted by Ariadne22

Last report we had when an automatic recertification in CA was done, it appeared there might be a two week gap in payments (claimant would get their money retro, eventually), as they hadn't received any mail on the recertification until about 3 weeks after the bye, which is late for CA.

Keep trying on the phone this week. Normally, CA is pretty good about this, but there is always the unexpected, especially if they want information on your earnings.

[Ariadne22]

Thank you for the detailed update. Your post answers many of the most commonly-asked questions.

Glad you didn't give up on the dialing. I am not a fan of online recertifications, which can also be done in CA and which generate confusing correspondence, questions and ultimately a phone call to EDD. Much better to talk with a rep at the bye and get it handled ASAP.

Now you can enjoy the great weather - very springlike here - although I know the sun always shines in CA.

[ACK4]

I did receive the 'notice of invalid claim' paperwork that EDD said I would receive, as well as claim forms for the next two weeks of Tier II. So no gap whatsoever in benefit checks PROVIDED they pay it (see below).

BUT, I got some more paperwork today that I was not expecting, and hope you can clarify. The papers came from the 'riverside call center' and were a notice of unemployment insurance award. There are some wages listed in one of the applicable calendar quarters (only $400 or so, the rest are at $0), the weekly benefit is listed as $0 and the maximum benefit amount is listed as $0. This paperwork establishes a new claim with, respectively, starting and ending dates of 4/1/2012 and 3/30/2013.

I thought my application for a new claim was 'invalid'? Is this just pro forma paperwork to establish a new benefit year? My 2 week claim form that continues along on Iier 2 will still get paid, correct?

How will this $0 weekly benefit effect (if at all) a scenario where I work for three weeks (contract work), then want to go back on a Tier?

And what if I work and earn W-2 wages that exceed the amount needed to establish a valid state claim (which is somewhere in the neighborhood of 1300 in any given quarter)? Will that have any effect on the existing UI claim (that pays nothing)?

I just don't want to find myself in a situation where I work (contract or W-2), and wind up having neither Tiers or UI benefits to fall back on. I realize once the Tiers are done that's pretty much it...but I hope to extend the Tiers up to December if at all possible by finding temporary work.

The best resolution is to find a real job, but I also need to hedge my bets and keep the UI/Tier lifeline going as long as possible.

Feel free to let me know if this does not make any sense. Thanks in advance for your input.

Originally Posted by Ariadne22

Thank you for the detailed update. Your post answers many of the most commonly-asked questions.

Glad you didn't give up on the dialing. I am not a fan of online recertifications, which can also be done in CA and which generate confusing correspondence, questions and ultimately a phone call to EDD. Much better to talk with a rep at the bye and get it handled ASAP.

Now you can enjoy the great weather - very springlike here - although I know the sun always shines in CA.

[Ariadne22]

Originally Posted by ACK4

I thought my application for a new claim was 'invalid'? Is this just pro forma paperwork to establish a new benefit year? My 2 week claim form that continues along on Iier 2 will still get paid, correct?

Yes, pro forma paperwork. You do not have a new claim. You continue on Tier 2. You will get paid.

Originally Posted by ACK4

How will this $0 weekly benefit effect (if at all) a scenario where I work for three weeks (contract work), then want to go back on a Tier?

It won't.

Originally Posted by ACK4

And what if I work and earn W-2 wages that exceed the amount needed to establish a valid state claim (which is somewhere in the neighborhood of 1300 in any given quarter)? Will that have any effect on the existing UI claim (that pays nothing)?

As long as you collect EUC, CA must perform quarterly monetary evaluations for a possible new state claim. At some point, the $400 and any new earnings may create new claim eligibility, possibly as soon as July or October, depending on when you earn what $$. CA is now using an alternate base period which will include earnings in your most recent quarter in its evaluation. If that happens, HR4213 is still in place and CA will automatically put you on its Deferred New Claim Payment Program to continue receiving your higher benefits. This is only, of course, if you have not had a previous claim on which you were paid EUC.

CA will not use DNCP on more than one parent claim, and the earlier EUC claim is always the parent claim in CA's eyes. Some people have successfully appealed and won. However, CA continues to implement HR4213 as I described above, unless you appeal, and appeal, and appeal - and, ultimately, find a sympathetic ALJ who will rule contrary to CA's longstanding procedure.

[ACK4]

I have had a previous claim on which I collected EUC. I think I used up all the Tiers on that claim, then had some intermittent employment, enough to qualify for another UI (state) claim about a year later (late April or early May of 2011). Will the fact that I collected EUC on this earlier claim change any of your answers below? Thank you.

Also, how is 'most recent quarter' (the alternate quarter) calculated? Are those earnings that go back from present day back three months? I think it's great they are doing that, btw.

Originally Posted by Ariadne22

Yes, pro forma paperwork. You do not have a new claim. You continue on Tier 2. You will get paid.

It won't.

As long as you collect EUC, CA must perform quarterly monetary evaluations for a possible new state claim. At some point, the $400 and any new earnings may create new claim eligibility, possibly as soon as July or October, depending on when you earn what $$. CA is now using an alternate base period which will include earnings in your most recent quarter in its evaluation. If that happens, HR4213 is still in place and CA will automatically put you on its Deferred New Claim Payment Program to continue receiving your higher benefits. This is only, of course, if you have not had a previous claim on which you were paid EUC.

CA will not use DNCP on more than one parent claim, and the earlier EUC claim is always the parent claim in CA's eyes. Some people have successfully appealed and won. However, CA continues to implement HR4213 as I described above, unless you appeal, and appeal, and appeal - and, ultimately, find a sympathetic ALJ who will rule contrary to CA's longstanding procedure.

[Ariadne22]

Originally Posted by ACK4

I have had a previous claim on which I collected EUC. I think I used up all the Tiers on that claim, then had some intermittent employment, enough to qualify for another UI (state) claim about a year later (late April or early May of 2011). Will the fact that I collected EUC on this earlier claim change any of your answers below?

No.

Originally Posted by ACK4

Also, how is 'most recent quarter' (the alternate quarter) calculated?

The same way they calculate any other quarterly evaluation.

Originally Posted by ACK4

Are those earnings that go back from present day back three months? I think it's great they are doing that, btw.

Your state will go back 12 months from the date of the evaluation, if they are forced to use ABP. First they will try to qualify you going back 18 months. If you are not eligible using that Standard Base Period (SPB), they will use the Alternate Base Period and go back 12 months from the date of the reevaluation.

[JJC3]

Originally Posted by Ariadne22

Call Ohio to recertify for another year. If you have reached your benefit year end (bye), it is necessary to file for a new claim. The state will do this for you. If you have no eligible earnings, your application for a 'new' claim is denied, and your benefits from the first claim continue.

Meanwhile, continue to claim as long as the system allows.

My wife filed for unemployment after I did. Her 20-week balance has now run-out and she's filed her weekly claim here in Ohio for this final week. The "remaining balance" won't hit zero until funds are dispersed in a day or two.

I can't remember what I did when this happened for me and while I forget which TIER she's on, I do know her Benefit Year started June 2011 and runs through June 2012.

Also, in December 2011 she received a letter stating her EUC benefits were ALLOWED and a fresh 20-week balance. Now that funds from those 20 weeks are going to hit zero in a day or two, what should I do?

1. Under the WEEKLY CLAIM header, do I select FILE ADDITIONAL/REOPEN APPLICATION

or

2. Will the system automatically convert her to the next tier?

[Ariadne22]

File Additional. She has completed Tier 1 (20 wks) and will begin Tier II (14 wks). Ohio will transition her automatically. Keep claiming.