EDD CA invalid claim? (collect, file, receive, apply)

[Rbrtito]

So I've been reading and trying to figure this out, I'm assuming I got this letter cause it been or just a little over a year since I filled my EDD claim. I assuming that EDD will continue to payout until 12-29-2012, and then I would have to re-fill a new claim?

I received this 1277 form and also got my normal EDD benefit claim form?

Below is what was on my letter and it came with an appeal form too, is this all normal?

Thanks for any information that can help me, that I want to make sure that I know what this is so I don't worry too much!

Notice of determination of invaid claim , section 1277

In order to have a valid claim, section 1277 requires that you were paid or earned at least $1300 as an employer in one quarter during the period from 9/11/11-9/08/12 and perform some work, or that you were paid or earned at least $900 as an employer in the quarter of your highest earnings and earned at lest 1.25 times higher quarter earning during the above period and performed some work. You also qualify if you we're not paid unemployment insurance benefits on your last during the above period. Disability or workers compensation benefits that received in the above you performed some work during this same period.

You claim is invalid under section 1277 for the reason check below

(A) you were not paid no did you earn waged of at least $1300 as an employer in one quarter during the above
(B) you were not paid nor did you earn wages of at least $900 as an employer in the quater of your highest earnings during the above.
(C) you were not paid nor did you earn as an employed 1.24 times your highest quater earning during the above work period.

Any unemployment insurance claim you file will be invalid under section 1277 until 01/2013 at which time this test will no longer apply

[Ariadne22]

No, you will not file a new claim in December unless you have worked, have new earnings, and have been laid off.

CA just did a recertification for you at your benefit year end, which requires they automatically file a new claim - which in your case was denied for insufficient earnings.

If you are collecting federal EUC benefits, CA will resume those until 12/29/2012, at which point those benefits end for you and everyone else, regardless of remaining balance, unless Congress extends the legislation. Keep in mind, the most CA can pay under current legislation is 73 weeks. You've already collected at least 52 of those weeks.

See FAQS at the top of this board, post 6.

[Rbrtito]

Thank you for the response back so quickly! I received two piece of mail today one in which is caljob form stating I must re enroll, and the other one is a phone interview eligibility interview? Is there a reason why I got these 2 piece of mail?

[Ariadne22]

Originally Posted by Rbrtito

I received two piece of mail today one in which is caljob form stating I must re enroll, Is there a reason why I got these 2 piece of mail?

You need to reenroll in CalJobs because you are beginning a new benefit year.

Originally Posted by Rbrtito

the other one is a phone interview eligibility interview? Is there a reason why I got these 2 piece of mail?

You are beginning a new benefit year - CA wants to reinterview you.

[Rbrtito]

I had a claim and one of the piece of mail I had a certain amount of weekly benefits, and I still had a certain amount of total left that I believed went till 12/21/2012. Today I got another to piece one was how my edd claim is based on but now my weekly benefit went for more than $100?! The other piece was a claim form but the top piece that you tear off said claim expired but the part where you fill out and spend back still ask me to fill out and send it back. I'm quite don't understand what is going on. One claim is showing certain amount instill have left but another claim form is showing me the claim expired?!? Is it cause my original claim expired? But I thought that was federal? Is this new one CA claim? I'm confused,

[Ariadne22]

Originally Posted by Rbrtito

I had a claim and one of the piece of mail I had a certain amount of weekly benefits, and I still had a certain amount of total left that I believed went till 12/21/2012.

Your State of California benefit year ended in September (your bye). Balance remaining was unused federal benefits from your current tier - EUC - which you've been receiving during your State of California benefit year until the bye.

Originally Posted by Rbrtito

Today I got another to piece one was how my edd claim is based on but now my weekly benefit went for more than $100?!

What do you mean "but now my weekly benefit went for more than $100?" Did it go DOWN or UP for more than $100?

Did you work during your first benefit year?
If so, this is a new California state claim.
If not, this letter on the new benefit is an error.

This is why California wants to interview you - to determine if the money they are using to qualify you for this "new claim" is, in fact, eligible to qualify for a new claim. Often, their computers assume old earnings as new earnings and open invalid claims - as I said above.

What quarters are listed in the 'piece of mail' to qualify you for this benefit? Look at the bottom of the letter. Are there any new earnings in these quarters?

Originally Posted by Rbrtito

The other piece was a claim form but the top piece that you tear off said claim expired but the part where you fill out and spend back still ask me to fill out and send it back.

If the week is not xx'd out and/or a weekly benefit amount is shown, send it back, so CA can continue to pay you.

Originally Posted by Rbrtito

One claim is showing certain amount instill have left but another claim form is showing me the claim expired?!? Is it cause my original claim expired?

Yes.

Originally Posted by Rbrtito

But I thought that was federal?

Irrelevant. You only happened to be collecting federal benefits during your CA benefit year.

Originally Posted by Rbrtito

Is this new one CA claim?

Maybe.

Again, did you work during your first benefit year? If you didn't work, you shouldn't have a new claim.

When is the CA interview?

[Rbrtito]

I haven't worked nor claim anything during my first year benefit, it say on the piece of mail the quater endings are jun 2011 sep 2011. In 9/2011 is when I started to claim for edd, but I don't under stand if its using the same highest quater earning my from last job then why would the weekly benefit on my new claim form be reduced to more than $ 100 less?


The claim form I got on Thursday to send back are for week 9-9-12 thru 9-15-12 and 9-16-12 thru 9-22-12. The top shows I stil have certain amount left but it says claim expires 3-13-10? I don't under stand why it says 2010? The claim form I got yesterday shows the claim expires 9-7-2013, and it shows now amounts at what will be paid weekly.

I had claimed edd in 3/2009 when I say laid off when circuit city closed down, and started working again I got laid off in 6/2011 which is when I claim edd again.

My CA interview is set for 10/16 on Tuesday.

This is confusing cause they keep sending all these papers

Thanks once again!

[Ariadne22]

Originally Posted by Rbrtito

I haven't worked nor claim anything during my first year benefit, it say on the piece of mail the quater endings are jun 2011 sep 2011. In 9/2011 is when I started to claim for edd, but I don't under stand if its using the same highest quater earning my from last job then why would the weekly benefit on my new claim form be reduced to more than $ 100 less?

The claim form I got on Thursday to send back are for week 9-9-12 thru 9-15-12 and 9-16-12 thru 9-22-12. The top shows I stil have certain amount left but it says claim expires 3-13-10? I don't under stand why it says 2010? The claim form I got yesterday shows the claim expires 9-7-2013, and it shows now amounts at what will be paid weekly.

I had claimed edd in 3/2009 when I say laid off when circuit city closed down, and started working again I got laid off in 6/2011 which is when I claim edd again.

We need exact numbers to know exactly what it is going on with your claim. Otherwise, we're just shooting fish in a pond.

OK, now that we know you were laid off in 3/2009 and have an old, probably unexhausted claim as far as federal EUC is concerned, please answer the following questions.

What was the benefit amount from the March 2009 claim?

How long did you collect on this claim/when did you start work, again, after 3/2009?

What was the benefit amount CA paid you in June 2011 when you were again laid off?

It appears California then opened a new state claim/benefit year for you in 9/2011.

What was the benefit amount from the 9/2011 claim?

Was this a different amount than you received in June 2011 after your layoff?

What amount were you currently being before your bye in 9/2012?

What is the benefit amount in the recent letter which says $100 less?

[Rbrtito]

In march 2009 I was laid off from circuit city and claim unemployment until 10/2009, I don't know exact number of weekly benefits I was getting, but I believe it was about $420 weekly so about $840 very two weeks on I got from unemployment.

i started work on 10/2009-09/2011, and when i got laid off and started collecting unemployment my weekly benefits were at $397. When I got to my 2nd tier my weekly benefit went down to $367. I was getting $367 until my bye came a couple of days ago.

I received that section 1277 last Thursday with my normal claim form that didn't expire till 12/24/2012 , and on Saturday I got a telephone interview letter with a new claim form that my weekly amount was reduce to $247 with is $120 less now.

Does it seems that there opening an old claim up? Sorry it's a little hard to trying a give exact information which I know it will help, but I'm trying to give as much as I can. I appreciate all the help!!

Originally Posted by Ariadne22

We need exact numbers to know exactly what it is going on with your claim. Otherwise, we're just shooting fish in a pond.

OK, now that we know you were laid off in 3/2009 and have an old, probably unexhausted claim as far as federal EUC is concerned, please answer the following questions.

What was the benefit amount from the March 2009 claim?

I was claiming about $420 a week from unemployment

How long did you collect on this claim/when did you start work, again, after 3/2009?

I started working in 10/2009 again.

What was the benefit amount CA paid you in June 2011 when you were again laid off?

I was getting $397 weekly

It appears California then opened a new state claim/benefit year for you in 9/2011.

What was the benefit amount from the 9/2011 claim?

Was this a different amount than you received in June 2011 after your layoff?

When I hit my 2nd tier it went to $367 weekly

What amount were you currently being before your bye in 9/2012?

Before bye came i was at $367 weekly benefits.

What is the benefit amount in the recent letter which says $100 less?

Now my weekly benefits are $247 which is $120 less now.

[Ariadne22]

Originally Posted by Rbrtito

In march 2009 I was laid off from circuit city and claim unemployment until 10/2009, I don't know exact number of weekly benefits I was getting, but I believe it was about $420 weekly so about $840 very two weeks on I got from unemployment.

i started work on 10/2009-09/2011, and when i got laid off and started collecting unemployment my weekly benefits were at $397. When I got to my 2nd tier my weekly benefit went down to $367. I was getting $367 until my bye came a couple of days ago.

I received that section 1277 last Thursday with my normal claim form that didn't expire till 12/24/2012 , and on Saturday I got a telephone interview letter with a new claim form that my weekly amount was reduce to $247 with is $120 less now.

Does it seems that there opening an old claim up? Sorry it's a little hard to trying a give exact information which I know it will help, but I'm trying to give as much as I can. I appreciate all the help!!


Now my weekly benefits are $247 which is $120 less now.

This is my best guess on what I think is happening. First, check your records. I think your 3/09 claim was paying $367/wk, not $420/wk.

What should have happened is this:

• 3/09 - 10/09 - $420 (I suspect this is not the correct amount - more likely it was $367/wk) - which you collected until 10/09 - you began EUC Tier 1 on this claim as it appears you collected for 7 months.
• 9/11-3/12 - $397 - CA opened a 2nd new state claim for you and paid all of those state benefits until exhausted, at which time:
• 3/12-9/12 - $367 - CA resumed payments of EUC on the old 3/09 claim - this is standard procedure, and would explain the claim form you have with an expiration date of 3/10 (this is the exp. date of your first claim) - send that back.
• 9/12............$247 - Possible new claim - it may be, depending on how earnings were reported from the job which ended 9/11, there is some basis for this claim. Again, this is why CA wants to interview you.

Worst case scenario, if CA insists this new claim is valid, it must pay those benefits first. When those benefits are exhausted, provided Congress extends the legislation, you will be able to continue on your remaining federal EUC from the 3/09 claim. When there is more than one claim, the oldest unexhausted EUC/Tier benefits must be paid before recent claim EUC. Because of that, EUC attached to the $397 claim is no longer available as you did not begin receiving EUC from that claim before 9/12.

I know this is confusing.

Let us know what CA tells you.