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Old 01-17-2014, 05:50 AM
 
2 posts, read 7,971 times
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Hi guys, new to the forum. I haven't been able to find an answer searching these boards, so please forgive me if it's been covered.

I was unemployed back in 2012, and applied for unemployment in March. I received benefits up until roughly September 2012, when I became employed again, and at a higher pay rate than the previous position. The job was only temporary, and so in January 2013 I filed unemployment again. But because of that period of time working not being included in the calculated quarters, it went off a quarter from the previously worked position (or maybe it was continuing benefits from extensions of a continued claim; I'm not sure and that ties into my question/predicament).

My benefits from the original file date were $93 a week, and continued at that rate even once I'd filed again, until the end of benefit year, at which point they went to $81 a week. These benefits exhausted around September 2013, but around this time, I was rehired with the same company temporarily again, once again earning enough to receive higher benefits. Because I would start working again in October, I stopped sending in my claim forms once the benefits had been exhausted.

Now I am unemployed once again, and I am not sure how to proceed. I would like to file a new claim, because if I file between January and March the benefits will go off the earnings of the position I had the first time in 2012 Oct/Nov/Dec. But I'm afraid if I file now, there could possibly be more extensions from the original claim filed back in March 2012 from my lesser paying job. If I understand correctly, I went through Tier 1 and Tier 2 (?), but I'm not sure if I would have qualified for more or not had I continued to send in claims through the month until I started working again (Oct 2013).

So really what I'm asking is, should I wait until March when the previously filed claim is up, so that I may start fresh with the new job's earnings and higher unemployment rate?

Or will it make any difference if I file now? Will they just start a new claim since I've been employed?

Thanks!!! (California)
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Old 01-17-2014, 02:06 PM
 
Location: Wisconsin
24,808 posts, read 53,621,808 times
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Quote:
Originally Posted by dontbajerme View Post
So really what I'm asking is, should I wait until March when the previously filed claim is up, so that I may start fresh with the new job's earnings and higher unemployment rate?

Or will it make any difference if I file now? Will they just start a new claim since I've been employed?
Short answer is you can't file now and CA won't start a new claim because you are still within your March 2013 benefit year - ending March 2014. CA only allows one claim in a 52-week period. If you had any state benefits remaining, the only thing you could do now is reopen the existing claim. But you said you exhausted those.

The earliest you can file a new claim is at your bye in March 2014 - which will include base-year earnings October 2012-September 2013 - including any LAG earnings from your 2013 claim..

If it appears there is an advantage to waiting until April 6th to file, your base year will be Jan-Dec. 2013 - including any LAG earnings from your 2013 claim. You do lose a quarter of LAG by waiting, but your new earnings may compensate for that.

CA calculates WBA on basis of high quarter earnings whether it is LAG or new earnings.

CA takes 50% of total base-year earnings, divides that by WBA, to arrive at maximum number of weeks, not to exceed 26.

You need to examine your earnings from both periods.

How CA calculates benefits is also explained in its handbook which includes WBA info for quarterly earnings:

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf
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Old 01-17-2014, 05:42 PM
 
2 posts, read 7,971 times
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Ok, awesome, I think you've answered my questions. It seems it would be best that I file in March 2014, as it will be based on October 2012 through September 2013, and my highest quarter would have been Oct/Nov/Dec 2012.

With the equation you've given me, I guess I should calculate whether I will receive a higher number of weeks by filing in March or April as well as which will allow me the higher WBA, and evaluate from there.

One more question, once the first period of weeks has been exhausted, are the extensions still somehow based on that original WBA, or is there another method of calculating that? I'm sure it's in that document you've provided me, and it has given me some insight already, but I wasn't able to immediately find that information.

Thank you once again for all the help!
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Old 01-17-2014, 06:42 PM
 
Location: Wisconsin
24,808 posts, read 53,621,808 times
Reputation: 21345
Quote:
Originally Posted by dontbajerme View Post
One more question, once the first period of weeks has been exhausted, are the extensions still somehow based on that original WBA, or is there another method of calculating that? I'm sure it's in that document you've provided me, and it has given me some insight already, but I wasn't able to immediately find that information.
Each claim qualifies separately for EUC. So, if the new claim is eligible and Congress extends, then you would collect EUC from that claim, provided all established EUC from earlier claims is exhausted first. Order of payment of EUC for multiple claims is discussed in FAQS, post #2.

Because this third claim will be established before you began/established EUC on the 2nd claim (if that claim even qualified), any EUC from claim 2 is void.

FYI - CA handbook does not discuss EUC at all. In CA, the base-year earnings in a claim must exceed either 40xWBA - or - 1.5 x high quarter - in order to be EUC eligible. Also, claim must pay at least 20 weeks' State of CA benefits.

So, that may be another factor when you consider whether to file in March or April.
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