Welcome to City-Data.com Forum!
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)
 
Old 10-12-2013, 06:12 PM
 
5 posts, read 5,656 times
Reputation: 10

Advertisements

An individual applied for Disaster Unemployment Assistance in late November of 2012. The individual was employed full time the day he filled his claim for DUA/UI. The application was based on one week of missed work from the disaster that occurred in October of 2012. The individual returned to work full time in early November 2012. Would the DUA claim be valid, since the individual returned to work and was employed full time the day he filed the claim? And could the Department of Labor back date the individuals claim to the day of lost work even though the initial claim was filed weeks later while the individual was employed?
Reply With Quote Quick reply to this message

 
Old 10-12-2013, 06:45 PM
 
3 posts, read 4,690 times
Reputation: 11
I'm assuming that the DUA claim that you are talking about is in relation to Hurricane Sandy. The rules are not the same in every state, but in New York your 1 week of unemployment would go to satisfy a waiting week for the claim. You are not typically paid for a waiting week. Since your unemployment ended there, you would not be eligible to receive any compensation. The claim that you opened is now older than 6 months which means that it would no longer be valid since you did not make it to the first tier of EUC.

Hope this helps.
Reply With Quote Quick reply to this message
 
Old 10-12-2013, 07:04 PM
 
14,500 posts, read 30,944,967 times
Reputation: 2562
The way I read this post is that you could have argued back in Nov '12 that it should have been backdated to Oct '12 because Sandy caused you to be late in filing, but you can't argue this a year after the fact. That ship has sailed.
Reply With Quote Quick reply to this message
 
Old 10-13-2013, 09:57 AM
 
5 posts, read 5,656 times
Reputation: 10
Default DUA claim while employed, invalid?

Appreciate the replies, let me clarify my original post. The individual was laid off by his company months after his DUA claim. He would like a new claim date that reflects the date of layoff not the date of the DUA claim. The individual has already collected on the DUA claim but thinks it could be an invalid claim.

The claimant originally filed his DUA claim late. The claimant was employed full time when he filed his DUA claim. He was uniformed and did not understand the workings of a DUA claim. The claimant was later contacted by a claims worker. The claims worker dated the claimant’s DUA claim wrong. The claims worker back dated the claim three weeks from the initial application date. The date did not reflect the initial application date. The uniformed individual unknowing collected on the DUA claim.

So basically the individual was allowed to open a DUA claim while employed. The claims agent then back dated the claim three weeks to the date of actual unemployment caused by the disaster.

Correct me if I'm wrong but I believe the claim would be invalid since the claimant was employed during the initial application. An appeal is in the process, any thoughts on the matter would be helpful.
Reply With Quote Quick reply to this message
 
Old 10-13-2013, 10:53 AM
 
14,500 posts, read 30,944,967 times
Reputation: 2562
Now you are saying that NY did backdate the claim into a period when the person was unemployed and eligible. That's perfectly OK. States have that right and will do it if the reason for a late filing is valid. This claim is legit, and it runs for a year. Appeal it all you want. The time to void the claim was before collecting on it - a year ago.
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.

© 2005-2024, 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