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This is the situation. Worker has two jobs, one job is 30 to 35 hours and another job is 16 hours.
The first employer reduced hours down to 10 hours or less, sometimes 0 hours. Nothing changed on second employer yet.
NJ Unemployment believes I earn too much for partial unemployment claim at 190 PBR . I think this is unfair because it is substantial the income difference from before on the first employer. Besides this can happen again with second employer or worse. I want to appeal. Since I rarely UI appeal, need advice.
What is an effective appeal method? What is the process?
You need to type in the exact wording from your Monetary Determination so we can see exactly what was the basis for the denial of benefits based on wage reporting. If the Monetary Determination shows a benefit amount but you were later denied benefits based on a Non-Monetary Determination, you need to type in that reasoning and citation as well.
This is another NJ DOL UI problem. I have received nothing by email or US mail!! I got a call finally after 43 days.
If I check the UI Claim status. Claim Status: Filed Date of Claim: 05/17/2020 Weekly Benefit Rate: $159 Remaining Balance: $4134 Next Payable Week: 05/23/2020 Last Week Paid: Last Paid Amount: $0
So it was handled verbally. Based on two jobs, the gross amounts are high, and will not trigger a UI payment. But it is not always true, since I don't always work at the first job since my hours were reduced.
Do I need to demand a Monetary Determination letter from them? Or what should I do?
This is another NJ DOL UI problem. I have received nothing by email or US mail!! I got a call finally after 43 days.
If I check the UI Claim status. Claim Status: Filed Date of Claim: 05/17/2020 Weekly Benefit Rate: $159 Remaining Balance: $4134 Next Payable Week: 05/23/2020 Last Week Paid: Last Paid Amount: $0
So it was handled verbally. Based on two jobs, the gross amounts are high, and will not trigger a UI payment. But it is not always true, since I don't always work at the first job since my hours were reduced.
Do I need to demand a Monetary Determination letter from them? Or what should I do?
If your claim date was 5/17/20 NJ would normally use standard base period and that means your base period for wages would be 1/1/19 - 12/31/19. Are you saying in those 4 quarters you believe you had more wages than what is being reported to determine your weekly benefit amount. NJ would have already had your wages from all your employers unless they were using an alternate base period to determine your weekly benefits. sometimes if they have to do that ABP they need to request wages from the employer or willl ask if you have pay stubs to substantiate what your earnings were (especially if using the 5th quarter of the most recent 5 quarters (ABP 1) or if using an ABP that includes wages right up to your file date (ABP 2)
List what your quarterly earnings were starting with 1st qtr 2019.
NJ allows you 20% allowance of your weekly benefit amount for working. So $159 WBA, then yes it is correct that Partial weekly benefit amount would be $190. Anything over that you wouldn't be entitled to collect anything nor would you be able to collect the FPUC $600 payment each week if regular UI payment was zero.
I am not questioning the NJDOL UI financial numbers, it was this NJ DOL UI individual clarifying my UI eligibility.
Based on the verbal exchange with NJ DOL UI representative, I would not qualify for NJ regular UI, nor PUA, and the FPUC $600 payment. But I thought, if you don't qualify NJ regular UI you may qualify PUA!
I am not questioning the NJDOL UI financial numbers, it was this NJ DOL UI individual clarifying my UI eligibility.
Based on the verbal exchange with NJ DOL UI representative, I would not qualify for NJ regular UI, nor PUA, and the FPUC $600 payment. But I thought, if you don't qualify NJ regular UI you may qualify PUA!
I'm confused as I thought you were approved for UI and received a weekly benefit amount determination. I thought the issue was that when you were claiming your weeks that you made too much money to be entitled to a partial weekly benefit.
Clarify whether you currently have an active UI claim.
This is the situation. Worker has two jobs, one job is 30 to 35 hours and another job is 16 hours.
The first employer reduced hours down to 10 hours or less, sometimes 0 hours. Nothing changed on second employer yet.
NJ Unemployment believes I earn too much for partial unemployment claim at 190 PBR . I think this is unfair because it is substantial the income difference from before on the first employer. Besides this can happen again with second employer or worse. I want to appeal. Since I rarely UI appeal, need advice.
What is an effective appeal method? What is the process?
Your post is confusing. Correct me if I'm wrong. You're saying you had 2 jobs, and the 1st one knocked you down to 10 or less and the other is the same at 16 hours. So sometimes you work 26 hours. Which depending on the state/WBR, you are not entitled to benefits for the week you're earning over that amount +partial benefit %. If you grab your financial determination the UI sent you, you will see the full break down of what you are able to earn in any given week and not have your benefit amount reduced.
I think your wasting your time trying to appeal, because there's nothing to appeal. You were approved for benefits, you agree with the amount. Your issue is one alot of American's are running into. Their hours are being reduced, but not enough to trigger UI benefits. Unless I'm missing something. It looks like you make too much a week to collect UI.
Yeah I guess I was not clear on my UI claim status. For over forty days, the UI claim was in pending status. On July 5, the status quietly changed to Filed with the UI claim numbers.
Yes it is not necessary to appeal NJ DOL UI claim when you make too much money for a PBR from two jobs. The NJ DOL UI representative judged the UI claim based on income and likely NJ DOL UI criteria and not the other Federal DOL UI criteria and CARES Act. So I would appeal and waste time, probably, on Federal DOL UI criteria and CARES Act.
Yeah I guess I was not clear on my UI claim status. For over forty days, the UI claim was in pending status. On July 5, the status quietly changed to Filed with the UI claim numbers.
. The NJ DOL UI representative judged the UI claim based on income and likely NJ DOL UI criteria and not the other Federal DOL UI criteria and CARES Act. So I would appeal and waste time, probably, on Federal DOL UI criteria and CARES Act.
Thank you
The rules for regular unemployment benefits don't go out the window just because of the CARES Act. Clarify what you mean by UI rep 'judged" the claim based on income. Are you referring to your wages in your base period? were you a W2 employee? Are your correct wages included in the WBA determination? Cite what federal DOL criteria you believe weren't followed.
Yes, NJ DOL UI has their rules for UI qualification. NJ DOL UI will reject the UI claim, that is what is meant by "judged". Yeah, I am W2 employee, wages are correct in WBA determination and wages in the base period.
By the way, the filed status with UI status does not mean I can claim UI as normal. You will receive a written determination regarding your eligibility for benefits in the mail, after being contacted by UI claims examiner.
Citing the US DOL as the source.
'The U.S. Department of Labor today announced the publication of Unemployment Insurance Program Letter (UIPL) 16-20 providing guidance to states for implementation of the Pandemic Unemployment Assistance (PUA) program. Under PUA, individuals who do not qualify for regular unemployment compensation and are unable to continue working as a result of COVID-19, such as self-employed workers, independent contractors, and gig workers, are eligible for PUA benefits. This provision is contained in Section 2102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act enacted on March 27, 2020.'
'Eligibility for PUA includes those individuals not eligible for regular unemployment compensation or extended benefits under state or federal law or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. Covered individuals also include self-employed individuals, those seeking part-time employment, and individuals lacking sufficient work history. '
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. I think this is unfair because it is substantial the income difference from before on the first employer. Besides this can happen again with second employer or worse. I want to appeal. Since I rarely UI appeal, need advice.
