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Old 12-08-2012, 12:28 PM
 
58 posts, read 155,659 times
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Hi...

I had just begun Tier 1 Federal EUC benefits in April 2012 after exhausting my State benefits. I was injured at one of my part-time jobs in May and had surgery at the end of June. I was on Worker's Comp from July until last week when my injury was declared to be at MMI.

I have tried to open a new unemployment claim (my benefit year ran out on 10/2/12) and it was denied as I did not earn enough wages during the new base period. I spent most of the base period on unemployment and on WC with some part-time work from April to June.

I was told by an Unemployment rep months back that when I was healthy, my Federal Tier 1 benefits would resume. Is this true? It seems unfair that the benefits I qualified for are now gone when I was injured and out of work through no fault of my own.

Now, I am thrown back into the job market, with no job, no income, and no unemployment.

Does anyone know if I have any chance of picking up the Federal benefits I had, which had a decent balance left to pay out.
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Old 12-08-2012, 12:33 PM
 
Location: Wisconsin
24,610 posts, read 53,362,773 times
Reputation: 20905
Quote:
Originally Posted by martyr2 View Post
I have tried to open a new unemployment claim (my benefit year ran out on 10/2/12) and it was denied as I did not earn enough wages during the new base period. I spent most of the base period on unemployment and on WC with some part-time work from April to June.

I was told by an Unemployment rep months back that when I was healthy, my Federal Tier 1 benefits would resume. Is this true? It seems unfair that the benefits I qualified for are now gone when I was injured and out of work through no fault of my own.

Does anyone know if I have any chance of picking up the Federal benefits I had, which had a decent balance left to pay out.
Since you had begun receiving EUC before your bye, you should have contacted FL to reopen your old claim. Then, because it was past your benefit year, FL would first attempt to open a new claim. They are required to do this. Since you had no wages to support a new claim, FL will then deny your new claim application and resume paying you EUC.

There is NO question about this procedure.

FL should have automatically put you back on the old claim. The error may have occurred if you attempted a new online claim application without speaking to a rep.

You need to call FL immediately. Your federal benefits will continue to 12/29. If Congress extends the UE legislation, they will continue into 2013.
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Old 12-08-2012, 12:53 PM
 
58 posts, read 155,659 times
Reputation: 28
Thank you!

I have tried repeatedly over the months I was injured to clarify how to manage this transition and have been told more than once that once my benefit year ran out, I would have to open a NEW claim. I was told that immediately upon medical release to file a new claim. This system in Florida sucks.

I will call first thing Monday morning and see what I can do. I did have one rep tell me that my Federal benefits would pick up, but this was some time back - I'll call her first thing Monday morning.

Are you saying that having denied my new claim, they should automatically re-instate my old one, even though my benefit year ran out? That would be great, but I thought once the year ran out, I was on a new claim no matter what.

Can you point me to any more information on this point? You seem positive that there is no question about it.

I'll call them first thing Monday anyway.

Thanks
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Old 12-08-2012, 01:08 PM
 
Location: Wisconsin
24,610 posts, read 53,362,773 times
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Quote:
Originally Posted by martyr2 View Post
I did have one rep tell me that my Federal benefits would pick up, but this was some time back - I'll call her first thing Monday morning.

Are you saying that having denied my new claim, they should automatically re-instate my old one, even though my benefit year ran out? That would be great, but I thought once the year ran out, I was on a new claim no matter what.

Can you point me to any more information on this point? You seem positive that there is no question about it.
I am positive. I've been on this board over two years. The FAQS sticky is authored by me with input from other knowledgeable people on this board. I answer these questions every day. We have hundreds of threads and posts on multiple EUC scenarios. Trust me, your EUC situation is NOT complicated.

The only time you would have no benefits is if you had NOT exhausted your state benefits and begun EUC before your bye. Since you DID exhaust state benefits and begin EUC before the expiration of your claim, you can continue those benefits.

All of this is well-known and covered in FAQS, post 2. There is NOTHING out of the ordinary in your situation. The first rep told you correctly.

Call FL and tell them to reinstate your EUC benefits. They cannot refuse this. If they do, file an appeal. But that won't be necessary.
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Old 12-08-2012, 01:26 PM
 
58 posts, read 155,659 times
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Thank you. I hope I did not sound disparaging in asking for some more information. I have searched in vain for some definitive answers....you're the first one who has helped me.

But....here is one complication. The job I was injured at placed me in an "on call" status back in May( no regular hours, only when needed and under the best of circumstances this position would involve only sporadic work). Being injured, I have not worked since June, but was notified back in July that with my status being uncertain, they were moving on - I did not expect to be called back when healthy and even since informing them I am healthy, have had no contact from them. Their insurance company is asking about a settlement of my WC case which would include a resignation.

I was inclined not to settle so as to avoid having to resign and endanger UI benefits - now, with the possibility of getting them again, how would a resignation from this on-paper job affect my UI claim, if you know?

I will ask the unemployment rep as well, but appreciate your apparent knowledge of these subjects.
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Old 12-08-2012, 01:44 PM
 
Location: Wisconsin
24,610 posts, read 53,362,773 times
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Have the employer issue an official termination/discharge notice to settle this matter. DO NOT RESIGN. Do not sign anything that looks like you are resigning.

Absolutely DO NOT mention the word resignation to the rep. The rep is not your friend - despite what you might think. A resignation unnecessarily complicates your claim. You will be perceived to have quit this job. FL will then have a reason to investigate and deny the benefits. You would need to appeal this decision. Under the circumstances, you probably would not win. Do not resign.

When you call FL, just request resumption of your EUC benefits.
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Old 12-08-2012, 02:00 PM
 
58 posts, read 155,659 times
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I was inclined to just have them re-instate the claim and wait on settling the WC case. In the new claim, I tried as best I could to explain my employment situation with this employer. Since I had not worked for them since June, have a strong sense that they do not want me back, (and maybe wrongly assumed that the IC offer of a settlement was done with their knowledge) I chose the option of Permanent Layoff to describe my position. (One of the factors was "employer has no work for me".) I was expecting to talk with an adjudicator to clarify.
I am not sure I can have the employer terminate me. I am now in the position of not resigning and hoping to re-instate UI or resigning and starting a WC settlement.

I am not sure how to explain this to the rep I speak with or if I need to - how automatic is the process of resuming my Federal benefits?

I know this may sound confusing - it's been a nightmare for me.
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Old 12-08-2012, 04:11 PM
 
Location: Wisconsin
24,610 posts, read 53,362,773 times
Reputation: 20905
Quote:
I was inclined to just have them re-instate the claim and wait on settling the WC case.
Your first inclination is the right one.

Normal resumption of EUC is routine. Employer will be notified. An issue might arise if your employer contests resumption of these benefits. If that happens, then FL investigates, you deal with the issues as they arise.

No, UE was not notified about the IC settlement offer. Will this offer involve any further payments? If so, you will need to report that money when you receive it. Your EUC will then stop until FL reviews the matter. You will get varying answers on how to handle this situation depending on the phone rep.

I suggest taking this a step at a time. Get the EUC going again. That was your original purpose, anyway, when you filed the new claim. Then deal with the WC settlement when and if it happens. When you get that money report it to FL. And, go from there.
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Old 12-08-2012, 05:40 PM
 
58 posts, read 155,659 times
Reputation: 28
Thanks...

I decided earlier that my priority is getting EUC - there is no real deadline for potential insurance settlement and I would not see any proceeds for 7-8 weeks, so income sooner than that is essential.

I was getting benefits under EUC while working for this employer (and another part-time one) for weeks where I didn't earn enough, so am hoping my new claim description of a layoff is a minor issue- if they contact this employer, they would have to say I'm still employed. (Even if in a capacity where I would work very little)

Thank you for your information- I'll post as things proceed.

Of course, getting a job soon would make all this a lot easier!
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Old 12-10-2012, 06:54 AM
 
58 posts, read 155,659 times
Reputation: 28
UPDATE!!!

I just got off the phone with Florida UI and they confirmed that my Federal Tier 1 EUC is being resumed. I can claim weeks tomorrow.

Only hangup (and I have a call in to the Claims rep who seems to be handling my case) is that payments are on hold till the verify my medical status. Since I faxed her my WC medical form on the 4th, I'm not sure why this hasn't happened yet, but have asked her to speed it up.

Thanks, Ariadne22.....you are a huge help!
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