U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-04-2013, 02:27 AM
 
12 posts, read 38,494 times
Reputation: 16

Advertisements

Hello - my original claim had a BYE 07/27/13. I contacted CA EDD and a new CA claim was approved since I had no employment activity and met the other requirements. This resulted in my weekly benefiting reverting back to the original $450/week instead of $376 I was receiving on the federal extension.

My new claim balance is approximately $10k and I am wondering will this CA new claim go through all of the tiers like the original claim or will this claim expire after the $10k has been exhausted? If so, will I go through all of the tiers and will the federal claims be automatically filed on my behalf like the 1st claim?

Thanks for you threads! Much more informative than the CA EDD website.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 09-04-2013, 04:39 AM
 
14,508 posts, read 29,266,102 times
Reputation: 2562
If this is true, then CA made a mistake. You have to work during your benefit year to be able to have a back-to-back claim.

Quote:
Originally Posted by sashabrown View Post
no employment activity
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 02:39 PM
 
Location: Wisconsin
25,068 posts, read 53,996,932 times
Reputation: 21956
Quote:
Originally Posted by sashabrown View Post
Hello - my original claim had a BYE 07/27/13. I contacted CA EDD and a new CA claim was approved since I had no employment activity and met the other requirements. This resulted in my weekly benefiting reverting back to the original $450/week instead of $376 I was receiving on the federal extension.

My new claim balance is approximately $10k and I am wondering will this CA new claim go through all of the tiers like the original claim or will this claim expire after the $10k has been exhausted? If so, will I go through all of the tiers and will the federal claims be automatically filed on my behalf like the 1st claim?
In order to have a claim balance of $10,000, you must have at least $20,000 in your new base-year. In order to qualify for EUC in CA, one of the tests applied requires base-year earnings must be 40x$450, or $18,000. You meet that test. You will receive EUC on this claim - provided Congress continues those benefits into 2014. Right now, legislation expires the end of this year. If you have remaining EUC from your first claim, CA will pay you the old EUC before beginning the 2013 EUC.
Quote:
Originally Posted by Chyvan View Post
If this is true, then CA made a mistake. You have to work during your benefit year to be able to have a back-to-back claim.
Not necessarily, because of how CA views LAG earnings:
Quote:
Originally Posted by Diego1212 View Post
Depending on your friends last day of work and the effective date of his claim that was filed in 2011, he may have cleared the LAG and established a valid new claim under sec 1277.

Basically, if his old claim began before his last day of work (i.e. Claim BYB effective the Sunday prior to his LDW, for example, if the claim BYB was effective 09-11-11 and his LDW 09-15-11) and he earned over $1300 in earnings that that last week he worked, he would have taken his 1 week waiting period the 2nd week of the claim since he wouldn't have been payable due to XE earnings that first week. If those earnings that last week exceeded $1300, he then would have the necessary 1 day of work and wages ($900 in one qtr or 1.5 x the highest qtr) within the benefit year of his claim that began 09-11-11 to establish a new 26 week claim under 1277.
However, that said, OP may yet get a notice of an invalid claim, which is generally what happens when claimant hasn't worked since first filing for benefits.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 03:03 PM
 
12 posts, read 38,494 times
Reputation: 16
Hello- thank you everyone for your posts. I greatly appreciate for!

Let me clarify. My first claim began 07/27/12 and I believe I was in tier 4 when my bye surfaced in 07/2013. I was told I would either continue on he claim through federal extension benefits or be provided a CA claim. The CA claim is provides a higher weekly benefit of $450. Based on my base earnings from my employment which resulted in my claim after termination I was awarded the $450/week which began the first week of 08/2013. Does this "new claim" include the availability of going through all of he tiers again? My claim award letter states of will expire 07/2014. At that time if I still haven't found employment will I continue on the claim through federal benefits?

Again, thanks for all of your time!
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 03:40 PM
 
52 posts, read 94,934 times
Reputation: 54
Hi Sasha,

I'm sorry I don't have an answer to your question, but I'm in a similar situation. Did EDD send you a form called "Affidavit of Wages" around the time of your BYE, asking that you send them copies of your W-2?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 04:12 PM
 
12 posts, read 38,494 times
Reputation: 16
No I did a phone interview and the agent said it was verified my "base wages" during that period of my 1st claim qualifies me for the continuation of my claim under CA not Federal...this is all so confusing! .
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 04:18 PM
 
Location: Wisconsin
25,068 posts, read 53,996,932 times
Reputation: 21956
Quote:
Originally Posted by sashabrown View Post
Does this "new claim" include the availability of going through all of he tiers again? My claim award letter states of will expire 07/2014. At that time if I still haven't found employment will I continue on the claim through federal benefits?
Already answered this above. Here it is, AGAIN, - same words, different format. Perhaps, now, it will be clear:
Quote:
Originally Posted by Ariadne22 View Post
In order to have a claim balance of $10,000, you must have at least $20,000 in your new base-year.

In order to qualify for EUC in CA, one of the tests applied requires base-year earnings must be 40x$450, or $18,000.

You meet that test.

You will receive EUC on this claim - provided Congress continues those benefits into 2014.

If you have remaining EUC from your first claim, CA will pay you the old EUC before beginning the 2013 EUC - legislation permitting.

Right now, legislation expires the end of this year.
Quote:
Originally Posted by jhoffschein View Post
I'm sorry I don't have an answer to your question
Question WAS answered - twice now. See above.

Last edited by Ariadne22; 09-04-2013 at 04:53 PM..
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 04:21 PM
 
Location: Wisconsin
25,068 posts, read 53,996,932 times
Reputation: 21956
Quote:
Originally Posted by sashabrown View Post
No I did a phone interview and the agent said it was verified my "base wages" during that period of my 1st claim qualifies me for the continuation of my claim under CA not Federal...this is all so confusing! .
You may yet have an invalid claim if you did not work. Base wages from first claim can only be used if you worked after you filed for benefits. Please reread my first post on this thread.

If you worked the week you filed and you fit the picture Diego has described - essentially earning $1,300 the week you filed for benefits - you are qualified for a new claim.

If you didn't earn at least $1,300 that week, then, chances are, yours is an invalid claim and you may yet get notification of invalidation - or a notice of overpayment if CA pays this claim and discovers later it shouldn't have.

Last edited by Ariadne22; 09-04-2013 at 04:58 PM..
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 05:15 PM
 
12 posts, read 38,494 times
Reputation: 16
Ariadne22- thank you so much for all of your posts. You helped me in 05/2013 and your answer did mirror what happened when I reached my bye.

My maximum benefit amount on my award letter is $11700 (or 26 weeks). I apologize for not being clear. I do not understand if will qualify for the same extended federal benefits since this is a new award based on my total wages from my original claim which had a bye of 07/27/13. If congress does approve the federal extension after 12/31/13 will I qualify since I went through the tiers on my original claim.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 09-04-2013, 05:31 PM
 
Location: Wisconsin
25,068 posts, read 53,996,932 times
Reputation: 21956
Quote:
Originally Posted by sashabrown View Post
My maximum benefit amount on my award letter is $11700 (or 26 weeks). I apologize for not being clear. I do not understand if will qualify for the same extended federal benefits since this is a new award based on my total wages from my original claim which had a bye of 07/27/13. If congress does approve the federal extension after 12/31/13 will I qualify since I went through the tiers on my original claim.
What is not clear about this?
Quote:
Originally Posted by Ariadne22
You will receive EUC on this claim - provided Congress continues those benefits into 2014.
In spite of what you believe, this new award IS BASED ON LAG WAGES not previously used in your earlier claim.

The LAG earnings come from the quarter you filed and the quarter preceding that. Look at your award notices from 2012 and 2013.

The quarters listed for the 2012 and 2013 claims are different.

The 2012 claim used earnings April 2011-March 2012.

The 2013 claim used LAG earnings April 2012-September 2012.

Also, you had to have earned $1,300 that last week you worked in order to be eligible for a new claim now.

So, CA is NOT basing this claim on the same earnings as your 2012 claim.

This claim is eligible for EUC, legislation permitting.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment

All times are GMT -6.

© 2005-2023, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top