NJ EUC Benefits Denied (collect, extension, file, receive)

[uneekgirl]

I need some serious help as I am so stressed out right now.

I was laid off in 2010. I filed a NJ Unemployment Claim and received the regular 26 weeks in addition to almost all of the EUC Benefits except 2 weeks worth.

I got a job (FINALLY) and worked there from October 2011 and was laid off in August 2012. I filed my claim on 8/5/12 and received my regular benefits. These benefits ended on 12/15/12 & I was able to receive the remainder of 2 weeks of EUC Benefits from my 2010 year claim.

2 weeks ago when I filed my bi-weekly claim online it stated that my benefits were exhausted from my 2010 claim year & a new claim extension will be filed on my behalf. Basically to go to be able to collect EUC Benefits on my 8/5/2012 Claim.
I went to claim my benefits today & it said I had a zero balance.

Today I received a letter stating that "I do am not eligible for EUC 2008 because "You did not have 20 base weeks of employment in the base year of your original claim or have earnings of at least 40 times your weekly benefit rate in your base year.

I can tell you for sure I did not receive 40 times the rate and if my base year based on my Claim date are April 2011 - March 2012 & that is enough to be 20 weeks if I started working in October 2011 so I don't understand why this is happening.

I am being told that I have the right to file an appeal but I have no idea what a reason for my appeal in writing should state as I am not understanding this determination reason.
Please Help.

I have no idea how I am going to pay for anything right now as I was completely blind sided by this.

[uneekgirl]

PS. I just calculated my weeks worked during that base year of April 1, 2011 - March 31, 2012.

I started working October 16, 2011, so here is my breakdown of weeks worked;
October 2011 = 2 weeks
November 2011 = 4 weeks
December 2011 = 5 weeks
January 2012 = 4 weeks
February 2012 = 4 weeks
March 2012 = 5 weeks
In total I worked 28 weeks. That is plenty enough to qualify.

I dont understand

[Ariadne22]

Originally Posted by uneekgirl

In total I worked 28 weeks. That is plenty enough to qualify. I dont understand

BLS regs state:

A worker must have 20 weeks of covered work or the equivalent in covered wages (which exceed 1½ times high-quarter wages or 40 times the weekly benefit amount) in the base period.

What did you earn in each of those 28 weeks? These weeks, in order to count as a 'week,' need to meet a minimum dollar amount of $145. Per NJ:

To be eligible for unemployment benefits, you must have worked at least 20 base weeks in covered employment or you must have earned $7,300. For weeks worked in 2011, 2012, and 2013 the amount is $145. These wages must have been earned during a 52 week period that is called a base year.

(a base week in 2011, 2012, and 2013 is minimum weekly earnings of $145),

Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?

Any week in which you did not earn at least $145 is excluded from covered work/wages for the 20 week EUC purpose. If your base wages also don't meet the 40x criteria (NJ does not use 1.5x), your claim is ineligible for EUC.

[uneekgirl]

I was on salary & paid every 2 weeks.
My salary was $36k a year, so I made well over $145 a week during those 28 weeks.

I also in addition to that FT Job started a PT job at night around April 2012. There I made perhaps $40-$80 a week depending on how many hours I worked there.

So as far as the weeks required & the amounts earned I meet the requirements.

Have you ever seen an "error" like this or a "typo" made by the NJ Dept of Labor where this can be fixed immediately. I am also wondering if whomever inputted the information from the Dept of Labor accidentally used my PT Job information on accident instead of my FT job. I was never laid off from the PT job. In fact, I still have it. My claim was with & only with my FT employer.

This just doesn't make sense. I am literally freaking out broke

[Ariadne22]

Call NJ and speak to a rep. Or go to one of their one-stop offices and use their phone banks. If there is a data-entry error, they should be able to fix it right away.

[uneekgirl]

Thank you for your positive encouragement. I am going to try first thing in the morning. Keeping my fingers crossed.

[Chyvan]

Just so you know, that part-time job you started in April wouldn't have been part of your base period, and would not have helped with your earnings on the new claim you filed in August.

Yes, states make mistakes. However, the best time to catch it is when you get your monetary determination. Rather than looking solely at your paystubs, you should be comparing them to your wage statement you'd have received shortly after you applied for UI in August, 2012.

[Ariadne22]

Originally Posted by Chyvan

Yes, states make mistakes. However, the best time to catch it is when you get your monetary determination.

Perfect example of the importance of paying attention, here:

//www.city-data.com/forum/28122487-post7.html

Assuming claimant is reporting correct numbers, CA totally messed up, giving that claimant 13 weeks' benefits instead of 26 and further saying he is not qualified for EUC.

It is so critical to double check these monetary determinations against base-year earnings. Had the CA claimant read the handbook and double-checked his benefits, he would have known IMMEDIATELY his monetary determination was not correct.

His is such a colossal error, I can't imagine how he could not have recognized it immediately. A 13-week claim based on total earnings of over $41k?

[amull10382]

I'm looking for some help. I posted a while ago, because my husband was trying to collect EUC benefits. He has been on and off the phone with Unemployment Reps since February because he first received a letter saying he was eligible and then received a letter than he was not eligible because he did not have enough base weeks and his salary was not 40X. We had realized there were weeks missing from his original claim, the week which would have brought him past 20 weeks he worked and would also have brought his monetary amount closer to the 40X. He called and spoke to an unemployment rep and they said to bring in the paystubs to prove what he was saying. He had got the paystubs from his one employer, which would give him 2 additional weeks, but the other employer sent him a copy of a W-2 form instead. Any time he got on the phone with them, they'd say they had to go talk to another person and then they'd let him know. He then a week later got a copy of his W-2 form. He went down to the unemployment office on February 22nd and showed them the paperwork he had and explained to them about the extra weeks that were not in his initial claim. He also told them he had worked 8 weeks in NY in which he paid federal taxes. They told him that those 8 weeks on top of his extra 4 weeks that were not included on his initial claim should help him to get approved for it. They did say that his one employer which would provide 2 of those 4 weeks was on hold but they did not know why. They said they were sending out to all of his employers again to find out how many weeks he worked and how much money he made during those weeks and he was set up with an interview for March 13th in which they would discuss what they received from the employers. On the day of his interview, the lady said she didn't even know why she was calling him and she thought he wanted to reapply for regular unemployment. She thought he was still currently working with his last employer. She told him she had to talk to his manager and she'd call him back and before he could ask any questions about when he could expect a phone call back, she hung up. Of course, the number was blocked so he could not call her back. He waited 2 days and last friday, he called down and they said they're getting his paper work in order. He called again yesterday and they still said they're getting his paper work in order. Apparently when he went down on the 22nd of February, they never actually sent out to his former employers like they said they were and they had just done it on the 13th we think. Are there managers at the call center he can speak to if he calls? Should he ask to speak to a manager if he goes down to unemployment? What should he do? He has continued to claim or file forget what it's called every other weekend like he was told. We're up to 12 weeks now if it is approved.

[Ariadne22]

Originally Posted by amull10382

What should he do?

You can try to see if you can get through to a supervisor.

If that doesn't work, email or call your state legislator and ask them to look into the situation. Many people here have had great success contacting their state representatives - usually getting resolution in a week. I suggest you do that.