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Old 12-09-2013, 05:30 AM
1 posts, read 2,435 times
Reputation: 10


Hi -

I filed an unemployment claim on 3/3/2013 and I have been getting paid weekly for about 41 weeks, excluding my 2 waiting weeks on the bottom of my Payment History. I am getting a bit worried now as to how much time I have left to collect since I still can not find a new job - I've been on numerous interviews but they state "Over-qualification" - At this point I am considering making deliveries to make ends meet.

My question is - I am not sure how much time I have left to continue certifying benefits. There is a maximum amount payable number on top of my account overview, but that number does not drop after every week I certify my benefits, it's been stuck at $16,200 where I get paid $375 weekly lately, from $361 and $405 before. I added all my weeks up and subtracted that from the Maximum Amt Payable and I should have 4 more weeks left.

Looking at the Benefits calculator - I believe I should be done with EUC Tier 1. Now, do I get a separate extension for EUC Tier 2 (which states I could get 1-14 weeks)?

Or am I eligible for a 2nd Brand New Claim as my friend who works for UI stated that I need to exhaust all my working month quarters in order not to be eligible. He said my current claim used only two of my quarters. I am not sure what that means. But If I am eligible to refile for a new claim, does that mean I get an entire year of UI again?
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Old 12-09-2013, 01:22 PM
Location: Wisconsin
25,606 posts, read 56,430,965 times
Reputation: 23345
NY will automatically transfer you to your next tier on which you can collect benefits until December 28, 2013 when, under current legislation, all FEDERAL benefit payments end - unless Congress extends the program at the last minute - which is their usual procedure - but only after arguing about it for a while. Not sure at this point if benefits will be extended. Probably, but nothing is certain.

If Congress extends, you continue to collect EUC into 2014, until exhausted. NY is presently paying a total of 63 weeks. After your bye in 2014, you will have 12 weeks' federal benefits remaining - again, if Congress extends - and if NY remains triggered on to Tier 3.

If Congress doesn't extend EUC, you are not eligible for a brand new claim before your benefit-year-end of March 2014 - and, only then, if you've worked and have earned new wages since filing your claim.

Your friend is talking about LAG earnings remaining which, combined with any new earnings, would be the basis for this new claim.

Since your claim was established Mar. 2013, assuming you had a good work history, NY used October 2011-September 2012 earnings for your base-year. Earnings from October 2012-March 2013 are your LAG earnings. Those LAG earnings age out of any future base-year consideration quarter by quarter, so if you don't have new claim eligibility until April 2014, for example, the Sept-Dec. 2012 earnings are not available for consideration. This is what your friend was talking about.

But, again, you need new earnings PLUS your LAG earnings for a new claim. New claims cannot be established only on LAG earnings.

If you have not worked, there is no new state claim.

FYI - NY handbook - it's a good idea to read this:


Also, should you find part-time work, which might be a good idea for new claim eligibility next year, know that under NY's partial benefit formula, you lose 25% of your benefit for each "day" worked. A "day" can amount to as little as an hour. So, much better for you if you work full, not partial days, because your loss of benefit doesn't change. NY is the only state I know of which reduces your benefits by "days" - not actual part-time earnings.
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