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I file a claim in 2010 and collect 26 weeks of benefits. I qualify for an extension so I begin drawing from a Tier 1 extension. I then find a Job during Tier 1.
In 2013 I file a regular claim and exhaust say 14 weeks of state benefits(short claim). I do not have qualifying wages to file an extension since i don't meet the 1.5x or 40x tests. Can I be put back onto the Tier 1 extension from the previous claim? I believe the answer is no but I want to verify.
If you began EUC on that older claim BEFORE the establishment of the new claim, you can resume EUC benefits on that claim when current claim state benefits are exhausted.
Quote:
4. Why has my state put me back on tiers from my old claim, rather than paying benefits from the current claim?
Unexhausted EUC benefits must be paid before current EUC benefits. Not all states have adhered to this order of payment, but most do. Multiple claims are usually paid as follows:
Claim 1 - State benefits
Claim 1 - EUC Tier benefits until subsequent claim established
Claim 2 – State benefits
Claim 1 – EUC Tier benefits until exhausted
Claim 2 – EUC Tier benefits until exhausted
Claim 2 – EB/HUP (if eligible)
This is a completely different scenario form the question I asked in the previous thread although the answer may be the same.
California UI
Scenario 1) Claimant started a 2008 regular UI claim and collected Tier 1 benefits, since he was ELIGIBLE for an extension, before regaining employment. Claimant then files for unemployment in 2013 and exhausts his regular claim. Since claimant IS ELIGIBLE for an extension on his 2013 UI Claim he will be put back onto the tier 1 extension from 2008.
Scenario 2) Claimant started a 2008 regular UI claim and collected Tier 1 benefits, since he was ELIGIBLE for an extension, before regaining employment. Claimant then files for unemployment in 2013 and exhaust his regular claim. This time around the claimant is INELIGIBLE for an extension on the 2013 regular UI claim. Given that he is ineligible for benefits on his current UI claim he will still receive the tier benefits from the 2008 claim even though he was INELIGIBLE on the 2013 claim?
Last edited by UntilTheNDofTimE; 11-07-2013 at 01:18 PM..
Reason: Edited for clarity
Yes. I don't understand your confusion. As I said upthread:
Quote:
If you began EUC on that older claim BEFORE the establishment of the new claim, you can resume EUC benefits on that claim when current claim state benefits are exhausted.
It is not any more complicated than that.
Whether or not the new claim is eligible for EUC has ABSOLUTELY NO IMPACT on claimant's eligibility for EUC on an earlier claim - PROVIDED EUC ON THAT OLDER CLAIM WAS BEGUN BEFORE ESTABLISHMENT OF A NEW CLAIM.
It's very simple - once EUC has been paid on a claim, that EUC remains for collection any time in the future - no matter EUC eligibility status of subsequent claims -
legislation permitting, of course.
Now, if claimant had not begun EUC on the 2008 claim at all, then the establishment of the 2013 claim would void his rights to EUC from the 2008 claim. New state claims (whether or not EUC eligible) void rights to EUC on earlier claims only if no EUC was paid on that earlier claim prior to establishment of the new claim.
Last edited by Ariadne22; 11-07-2013 at 02:25 PM..
Yes. I don't understand your confusion. As I said upthread:It is not any more complicated than that.
Whether or not the new claim is eligible for EUC has ABSOLUTELY NO IMPACT on claimant's eligibility for EUC on an earlier claim - PROVIDED EUC ON THAT OLDER CLAIM WAS BEGUN BEFORE ESTABLISHMENT OF A NEW CLAIM.
It's very simple - once EUC has been paid on a claim, that EUC remains for collection any time in the future - no matter EUC eligibility status of subsequent claims -
legislation permitting, of course.
Now, if claimant had not begun EUC on the 2008 claim at all, then the establishment of the 2013 claim would void his rights to EUC from the 2008 claim. New state claims (whether or not EUC eligible) void rights to EUC on earlier claims only if no EUC was paid on that earlier claim prior to establishment of the new claim.
This was never stated in the past. You act as if I was some individual that suffered from Alzheimer's disease that could not recall what I was told two weeks ago. The situations were not exactly the same and it was never stated by you that regardless of eligibility that a claimant could be put back onto an old extension. It was only mentioned that previous EUC tiers must be exhausted before current EUC benefits. Thank you for your response and answer.
It was never stated in the past because EUC eligibility on an earlier claim is not and never has been affected by EUC eligibility on subsequent claims and was answered here:
Quote:
If you began EUC on that older claim BEFORE the establishment of the new claim, you can resume EUC benefits on that claim when current claim state benefits are exhausted.
That general statement doesn't need qualification because there are no exceptions - legislation permitting, of course. If there had been an exception, it would have been stated.
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