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Old 05-25-2012, 02:09 PM
 
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My dad was laid off on November 20th, 2010, due to his company moving out to Mexico. He receives a weekly benefit amount of $250 each week, but November of next year, had a new claim approved of around 400 each week, due to a severance package that I believe was included in his wages.

We received a letter for the new extensions that passed in 2012. My mother spoke to an EDD rep via email, that said once the extension ended (which was supposed to be in late April) that my dads new claim would take into effect, but at the end of April, we got a new letter about another month and a half for the old claim.

I just need to know will the new claim start on it’s own (or will it ever start) or would we have to fill out form for the claim again after the extension? Dud they accidentally include the severance package in the wages as well? I have heard mixed stories on CA in regards to severance packages. Other people from his work also had an increase in their new claims as well though, and have never received a letter in regards to the claims being investigated.

Also, any recommendations for how to get through to the unemployment to speak to some personally would help. I’ve tried calling the local office and they just give me the run around.
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Old 05-25-2012, 03:35 PM
 
Location: Wisconsin
23,058 posts, read 49,003,095 times
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Your father's situation is as follows:

Claim 1 - Nov. 2010 - $250 week, paid for one year until
Claim 2 - Nov. 2011 - $400 week, paid for 6 months until he reverted to
Claim 1 - May 2012 - $250 week, continuation of unexhausted tiers from Claim 1.

There is more remaining on your father's first claim than the month and a half he is currently credited with. Right now he is collecting what remains of Tier 2 on Claim 1. He probably has yet to exhaust Tier 3 (13 weeks) and Tier 4 (6 weeks, or 10 weeks if accessed after 9/1) of the old claim and will receive additional credit for Tier 3 when Tier 2 is exhausted. Likewise with Tier 4.

If your father does not exhaust all EUC tier benefits available under Claim 1 before Nov. 2012 (the bye of Claim 2), he will not be able to access any further benefits on Claim 2.

EUC tiers are as follows:

Tier 1 - 20 weeks
Tier 2 - 14 weeks
Tier 3 - 13 weeks
Tier 4 - 06 weeks (10 wks after 9/1)

Order of your father's payments on multiple claims is

Claim 1 - 26 weeks state benefits
Claim 1 - 20 weeks EUC Tier 1 benefits
Claim 1 - 14 weeks EUC Tier 2 benefits, or until new claim established
Claim 2 - 26 weeks state benefits
Claim 1 - remaining EUC Tier 2, 3, 4 benefits
Claim 2 - remaining EUC tier benefits - IF Claim 1 tier benefits exhaust before Claim 2 bye.

See FAQS, posts 2 and 5 for explanation of EUC tier benefits and how they are paid generally and changes in 2012.

On the severance, your father benefitted from the new claim, so there is no point in rocking that boat. You could contest the new claim, but why would you?

Contacting EDD:

Tips for getting through to a live body @ California EDD
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Old 05-25-2012, 03:53 PM
 
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I do believe he received a letter stating he was on his fourth federal extension filed, which is the same as Tier 4 right? So he should be receiving the new claim after this, correct?

Thanks so much for clarifying by the way! I've tried to read up on the site about how it works, but the way they word it is pretty confusing.

Edit: Also, just to clarify, we did not receive six months of claim 2. We have actually not received anything on claim two. From what we can tell, it has been going through the extensions of claim 1, and we assumed it would then go to claim 2 after claim 1 was exhausted.

Last edited by Mo893; 05-25-2012 at 04:01 PM..
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Old 05-25-2012, 04:09 PM
 
Location: Wisconsin
23,058 posts, read 49,003,095 times
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Quote:
Originally Posted by Mo893 View Post
So he should be receiving the new claim after this, correct?

Edit: Also, just to clarify, we did not receive six months of claim 2. We have actually not received anything on claim two. From what we can tell, it has been going through the extensions of claim 1, and we assumed it would then go to claim 2 after claim 1 was exhausted.
This is a new one for CA!! There would be no reason for them NOT to pay the 26 weeks benefits at $400 when that claim was established in November 2011. That $400 claim should have been paid immediately when it was established. EUC regs require state benefits must always be paid BEFORE federal EUC benefits. CA never defers new claims unless they fit into their DNCP program, which this one doesn't, because its benefit is higher than the first claim. Something is very wrong, here.

If, by some weird chance, your father never received any payments on that $400 claim, I wonder if it even exists - in spite of what the email said. It is very easy to get wrong info, sometimes blatantly so, via email and telephone. CA may have determined b/c severance was used to establish the claim, it was invalid. This does happen. People receive monetary determination letters and then later find the claim is void.

So, I can't say if your father will receive the new claim. It may not exist any longer. You need to contact EDD.

Let us know what happens.

Last edited by Ariadne22; 05-25-2012 at 04:53 PM..
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Old 05-25-2012, 11:52 PM
 
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They said in a letter in the beginning of 2012 that the first claim was extended due to some law that was passed in 2012. I am not too sure really. We still haven't received anything about the severance package, and when we first filed the claim they said they considered it wages. I don't know if it was put as a bonus or what. But we recieved an official letter stating the insurance with that claim amount was approved, and have never heard anything in regards to it being voided. Wouldn't they have to notify you of that?

I sincerely hope that we will be receiving the higher benefits. I myself work, but my mother is disabled, and my father can only do factor work and honestly seems afraid to go out and try to find new work. I can only help so much when it comes to our finical situation because I work part-time. So if we don't get the higher benefits, I'm afraid what might happen. :/
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Old 05-26-2012, 02:17 AM
 
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Also, I am extremely worried now because since he is on his tier 4 extensions (which is over in 3 weeks), and for some reason his new claim did not go through, does this mean that in 3 weeks we are no longer going to receive benefits because the FED-ED is no longer apart of California's UI program anymore? Or do we file another claim after? I really have no idea what to do, and I am incredibly worried for my family.
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Old 05-26-2012, 03:59 AM
 
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I call this claim management.

With the end to the FED-ED program, the Tier 4 federal extension will temporarily change from offering up to 6 weeks of benefits to up to 16 weeks of benefits. But according to the Middle Class Tax Relief and Job Creation Act of 2012, this change will only be for those qualified unemployed workers who file a new Tier 4 extension effective May 13, 2012, or May 20, 2012. For these few individuals, the potential maximum amount of unemployment benefits will be up to 89 weeks.

If he was truly in tier 4, you had every opportunity to get it cancelled and start over so he could have gotten 16 weeks instead of 6. However, CA has removed that option from their Q&A.

What you should be spending your time on is figuring out where in the process your dad is because then what you need to do next will become crystal clear.

Based on the dates you threw around, I agreed with Ariadne22's take that he was probably in tier 3, but now you throw out there that he's 3 weeks into tier 4. Until you know just where he's at, no one's going to be able to give you the best answer. It'll be nothing but guesses that might hurt you.
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Old 05-26-2012, 12:27 PM
 
Location: Wisconsin
23,058 posts, read 49,003,095 times
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Quote:
Originally Posted by Mo893 View Post
They said in a letter in the beginning of 2012 that the first claim was extended due to some law that was passed in 2012. I am not too sure really. We still haven't received anything about the severance package, and when we first filed the claim they said they considered it wages. I don't know if it was put as a bonus or what. But we recieved an official letter stating the insurance with that claim amount was approved, and have never heard anything in regards to it being voided. Wouldn't they have to notify you of that?
Yes, usually there are two letters. One giving you the monetary award of the new claim, followed by another letter stating there were insufficient earnings to open the new claim which, understandably, is confusing to most people. The claimaint then continues to collect benefits under the first claim, which is what has happened to your father.

The 2012 extension should not have precluded California paying the new claim immediately when it was established. However, there is always a chance CA's computers got confused because of the extension, inadvertently overriding payment of the new claim. In which case, that claim may still be valid.

Let us know what CA says when you get through to them. Good luck.
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