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Old 09-18-2013, 02:28 PM
 
12 posts, read 23,215 times
Reputation: 10

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Hope someone can help me here and thanks
I live in the state of NY and I'm still jobless not earning from October 1 2012 to till today Sept 18 2013

I use to work from January 18 2012 to Sept 18 2012 I was lay off.

My benefits beginning in October 1 2012 and my BYE date is October 7 2013
I'm in tier 2 still.


This is showing in my paper I got form UI

my basic period from July 01 2011 to June 30 2012

Q1 = 07/01/2011 - 09/30 2011 was $6120
Q2 = 10/01/2011 - 12/31/2011 was $0
Q3 = 01/01/2012 - 03/31/2012 was $4884
Q4 = 04/01/2012 - 06/30/2012 was $6445
Trimester alternative is showing nothing in the paper.

I got a retroactive payment ( retro payment ) for my company thanks for my union in November 18 2012 I call to 2 times UI in the same day I got my payment and they told me this is not coincided a wage or earning and I DO NOT need to report cuz this is not considered a job or whatever so relax.

Because between 7/01/2012 to 09/302012 I earn like $5900
and my retro payment was $2600 retro payment was in Nov 18 2012 retro payment is considered Quarter Earning ?
and how this will affecting me when I reapply again to my benefits I'm still getting EUC ???
or they will gave me a new weekly rate ??

Thanks for your answer
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Old 09-18-2013, 03:47 PM
 
Location: Wisconsin
25,576 posts, read 56,455,902 times
Reputation: 23371
You are allowed to exhaust EUC (federal extensions) after your bye if there is no new claim. Even if there is a new claim, legislation permitting, you will be able to exhaust the EUC from the earlier claim after you exhaust state benefits from the new state claim - or, if the new claim is $100 or 25% lower than your current benefit, defer payment of the new state claim until current EUC is exhausted.

You need to have worked at a NEW JOB and had NEW earnings after you first filed for benefits to qualify for another new state claim at your bye in October.

However, NY may read those retro earnings as new earnings and establish a new claim. Unlikely, but possible. Usually, if that happens, you will later receive a notice of invalid claim.

Also, if there is a new claim - not invalidated - NY may put you into overpayment status for not reporting those earnings while claiming benefits which could result in complications.

Further, if NY doesn't invalidate this new claim, it would be, in effect, a SECOND new claim against your first employer which most states will not allow - unless you worked again for that employer AFTER you had been discharged. Expect your employer to contest if NY mistakenly uses those earnings for a new claim.

Keep us posted if NY establishes a new claim for you.
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Old 09-18-2013, 04:26 PM
 
12 posts, read 23,215 times
Reputation: 10
Ariadne22 but I call 2 times in that day one in Spanish and one english told them the same here was retro payment even I have 3 copies says of my union and hearing and the copy of my pay check in Nov 18 2013 clearly says RETRO PAY. and UI clearly tell me that day 2 times is not a new earning or new job or part time or seasonal or nothing and they are not considered for them as earning and I should not report it as earning.

But still Ariadne22 when they see everything is not a earning I will get my old claim back with no problem I'm right ?
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Old 09-18-2013, 04:31 PM
 
Location: Wisconsin
25,576 posts, read 56,455,902 times
Reputation: 23371
Quote:
Originally Posted by ebankNY View Post
Ariadne22 but I call 2 times in that day one in Spanish and one english told them the same here was retro payment even I have 3 copies says of my union and hearing and the copy of my pay check in Nov 18 2013 clearly says RETRO PAY. and UI clearly tell me that day 2 times is not a new earning or new job or part time or seasonal or nothing and they are not considered for them as earning and I should not report it as earning.
Well, good. Let's hope that NY's computers read it that way. I've read of too many glitches in this area to predict with certainty any outcome. You will know when you will know. Thank heaven, NY has not upgraded its computers. Hopefully, they will just recertify your old claim.

Quote:
Originally Posted by ebankNY View Post
But still Ariadne22 when they see everything is not a earning I will get my old claim back with no problem I'm right ?
Yes.
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Old 09-19-2013, 12:28 AM
 
12 posts, read 23,215 times
Reputation: 10
in that day when come when I reapply again should I talk wish a clerk about this and send him/her the statement of my paycheck and the copies the union gave me this is a retro payment or I wait to they told me why I have this " earning " in your experience Ariadne22 what I should do ?

Thanks for your time Ariadne22.
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Old 09-19-2013, 07:39 AM
 
12 posts, read 23,215 times
Reputation: 10
Nevermind Ariadne22 I will wait better cuz if I speak right now will be a big mess and delay my benefits I prefer wait they told me things and send the papers.

Thanks for eveyrhting!!
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Old 09-19-2013, 12:26 PM
 
Location: Wisconsin
25,576 posts, read 56,455,902 times
Reputation: 23371
LOL - good idea!
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