ca, notice of determinination section 1277 question
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I was never paid for the weeks of 2/10-23/2013. Is that going to be send as well? Thanks again for getting back to me so soon. I'm not collecting federal EUC. I received a claim form that needs to be mailed in tomorrow. When you say claim form you main the forms we mail that states we looked for work etc, etc correct?
I was never paid for the weeks of 2/10-23/2013. Is that going to be send as well? Thanks again for getting back to me so soon. I'm not collecting federal EUC. I received a claim form that needs to be mailed in tomorrow. When you say claim form you main the forms we mail that states we looked for work etc, etc correct?
Yes, the forms you return stating you've looked for work, haven't earned any money, etc.
What is your ACTUAL benefit year end date? Are you sure you never began federal EUC?
You will receive payment only for weeks ending on the Saturday before your actual bye.
If you have not yet exhausted your state benefits and begun federal EUC benefits on the 2012 claim before your bye, normally those EUC benefits are lost, as well. Thus, your benefits end with payment for the last week before your bye.
I assume, because of the language in your letter, you are in CA. If, by some fortunate (for you) circumstance, CA now transfers you to EUC 1 - and begins your first payment on Tier 1 after your bye - please let us know. Normally, CA will not do that if you have not begun EUC payment before the bye.
However, NJ is paying EUC on expired claims this year, so it would be very valuable to know if CA is now doing that, as well. The reason I mention this is because the letters from CA on Section 1277 would not mention federal extensions unless there was some likelihood you would be receiving those. CA does this transition automatically.
So, please keep us posted.
Last edited by Ariadne22; 03-08-2013 at 05:06 PM..
I am at the end of my 3rd tier and received a claim award starting 8/11/13 -8/9/14 for a specified amt, mail date 8/13/13. I later received a notice of determination of invalid claim sec 1277 effective date 8/11/13 which states determination will not effect my claim for extended benefits. This notice states it's was issued to me on 8/8/13 but is post marked for 8/16/13 and I received it in the mail on 8/22/13. I just filed a claim that only allowed for one week with the second wk marked out. I have read the regulations for the new changes made to the 4th extension and since my claim was filed 8/11/13,(which is the cut off date) I should qualify for the 4th extension as my claim award states, but at this point, I'm under the impression that I will no longer be receiving any more benefits. I have emailed with a request for more info on my claim but wondering if you have any insight on what this section 1277 means for people like me who have exhausted their benefits but fall within the cut of period for the 4th ext. I live in California.
I just filed a claim that only allowed for one week with the second wk marked out
What week, exactly, did this claim cover? Week ending 8/17, week ending 8/24?
When you claimed your last week of Tier 3 for week ending 8/10, was that a standalone single-week (not biweekly) claim, as well?
Quote:
I have read the regulations for the new changes made to the 4th extension and since my claim was filed 8/11/13,(which is the cut off date) I should qualify for the 4th extension as my claim award states, but at this point, I'm under the impression that I will no longer be receiving any more benefits.
You will be receiving all of Tier 4.
California establishes and invalidates claims at the bye all the time because of the way its computers read LAG earnings. Confuses everyone. Section 1277 means absolutely nothing for you. You received a standard letter sent at your bye saying you haven't earned enough to qualify for a new State of California claim. Ignore that letter - with the exception stating "this does not affect your extension benefits" - which means for you EUC continues through Tier 4.
Your bye occurred coincident with when you exhausted Tier 3.
If your final week of Tier 3 was paid out with week ending 8/10, you will receive all of Tier 4.
Again, what week did you just claim? Normally, the final week of a tier is exhausted with the type of claim form you just received, 2nd week xx'd out. Then CA sends you another set of claim forms for the next tier with 1st wk xx'd out, 2nd week you can claim.
My first claim has now ended and I had received the 1277 letter, I am assuming that I won't be able to open a new claim since receiving that letter. I am wondering if there is a way to undo the section 1277, like if I return to work now and earn $1300+ then after that could I collect under the earnings I have ready for a claim now? or is it too late now that I have received the letter. Thanks.
My first claim has now ended and I had received the 1277 letter, I am assuming that I won't be able to open a new claim since receiving that letter. I am wondering if there is a way to undo the section 1277, like if I return to work now and earn $1300+ then after that could I collect under the earnings I have ready for a claim now? or is it too late now that I have received the letter. Thanks.
The letter only means you do not qualify for a new claim.
Assuming you are collecting EUC right now, the letter should say your federal extension benefits are NOT affected. CA should do its normal bye recertification and continue you on your federal EUC until year-end.
At the moment, under current legislation, all federal benefit payments end December 28, 2013, regardless of remaining balance.
Congress may or may not extend. Too early yet to say, for sure.
My claim expired in February 8, 2014, so I submitted a new claim.
EDD has a rule that if your claims are consecutive, you must have made at least $1300 in one quarter during the period of your 1st claim (for you, it was Feb 21, 2013 to Feb 21, 2014).
Another condition that could have qualified you is that you made at least $900 in one quarter AND 1.25 your highest earning in one quarter during your 1st unemployment claim period.
I only worked in November 2013 and during that quarter I earned $1200.
Since I didn't make $1300 in one quarter, I don't qualify based on condition 1a, but condition 1b I made min of $900, but I also needed to make $1200 (my highest earning in one quarter)x 1.25 = $1,500 during the total year.
Again, I only worked in one quarter. I had no work in previous months. There is no way I could have made 1.25 x $1200= $1,500 for period Feb 2013 to Feb 2014.
The letter states you cannot apply for a new claim until July 2014. At that point the consecutive claim conditions will not apply anymore.
For the State of California, it explains it in D. The "Lag Period"
[url=http://www.edd.ca.gov/uibdg/Miscellaneous_MI_15.htm]Miscellaneous MI 15 - Monetary Determinations[/url]
scroll down to D. The "Lag Period"
"Section 1277 of the UI Code prevents an individual from establishing valid claims in two successive benefit years without having reestablished an attachment to the labor market subsequent to the effective date of the first claim...."
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Handling 1277, Opening Brand New 2nd Claim...
