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I cannot even figure out why they automatically opened a second claim up for me. It says pretty clearly on their website that a second claim cannot be opened without there being some intervening work other than that of the first claim.
If you did not work at all during your first claim year, there should not have been a second claim opened. However, there are errors made in these calculations and earnings/severance/vacation pay from your terminated employment could have been inadvertently included in a new wage calculation because these show up in quarters previously excluded in the original computation. Sounds like they made an error.
Regarding extension of the benefits, this political posturing is par for the course. It will happen, just not soon enough to prevent payment delays and reprogramming of state computers. Which adds additional costs to the program and causes the states no end of problems, not to mention untold hardship for the recipients.
Last edited by Ariadne22; 11-19-2010 at 11:51 AM..
I am a commuter into NJ so I believe I will be eligible for EB (4 miles from the boarder) Has anyone run into difficulties with claiming eligibility for EB who is a commuter? PA ends EB on Dec 4 I believe so the reciprocity is not going to work for me.
Also what sorts of things would make you ineligible for EB?
I am on Tier 2 and will run out end of December but with this congress who knows if they will let folks starve - it's obvious they do not care about the unemployed.
So there is only 1 way to claim past 99weeks in NJ? That is through 2 claims? I was under 1 claim and followed it through the entire 99weeks. Is there anything I can do to open any kind of extended benefit claim etc etc?
I've been searching like crazy and can't find "anything" that qualifies to come close to match the pay I've been making through my ueb...
So there is only 1 way to claim past 99weeks in NJ? That is through 2 claims? I was under 1 claim and followed it through the entire 99weeks. Is there anything I can do to open any kind of extended benefit claim etc etc?
I've been searching like crazy and can't find "anything" that qualifies to come close to match the pay I've been making through my ueb...
In order to be eligible for a second unemployment claim, you must have new earnings and length of service in a job sufficient to qualify. There are no extensions past 99 weeks on one claim in any state. And the odds of Congress passing a Tier V (which would add more weeks to the 99 currently available) seem very slim at this time.
Im new to this forum but have been reading most of the posts on this thread. However, I need someone to shed some clarity on the current situation NJ is in directly relating to myself.
I was employed from Aug 09 to Aug 10 and won my claim 1 month after. I have been collecting the maximum from NJ (590) for the last 20 weeks and in 6 weeks it will run out.
- I was originally denied my claim due to being let go for "misconduct"...but the claims interview on the phone reversed the decision and they said they were ready to award me unemployment
- I am a New York City resident and commuted into NJ for work.
- When I applied for my Unemployment they only counted my W2's for the 2010 year, nothing from the 2009 year.
What should be my mode of action in the upcoming weeks. Due to the new laws and skimming the forum..I believe I will be screwed like many of you.
-Will I be eligible to open up a new claim for my 2009 W2's?
-Will I qualify for any of the Tier's
-Will I be able to file a claim in NY.
I am very confused about this situation and would appreciate any help.
I was employed from Aug 09 to Aug 10 and won my claim 1 month after. I have been collecting the maximum from NJ (590) for the last 20 weeks and in 6 weeks it will run out.
- I was originally denied my claim due to being let go for "misconduct"...but the claims interview on the phone reversed the decision and they said they were ready to award me unemployment
- When I applied for my Unemployment they only counted my W2's for the 2010 year, nothing from the 2009 year.
-Will I be eligible to open up a new claim for my 2009 W2's?
-Will I qualify for any of the Tier's
-Will I be able to file a claim in NY.
First, you will not be able to file in NY because you have not earned wages in NY. Unemployment benefits are paid by the state in which the wages were earned.
Second, your claim which began in 8/10 normally would have considered the last three quarters of 2009 and the first quarter of 2010 when establishing your benefits, unless an alternate method was used which would have considered the last two quarters of 2009 and the first two quarters of 2010 which is when you were employed. Why do you believe they did not consider any of your 2009 earnings?
From your timeline, it is possible you will be eligible for Tier 1 of an EUC extension in January, if one is passed. However, even though NJ will be paying EB if an extension is not passed, since you reside in NY, you would not be eligible for Extended Benefits from NJ of more than one or two weeks, as New York is not paying EB past December 4. Your claiming state and resident state must both be paying Extended Benefits for you to collect. NJ, I believe, will pay up to two weeks of EB even when the resident state is not paying. That is also, however, conditioned on the dismissal of the misconduct charge. Misconduct can render a claimant ineligible for EB.
Third, on a new claim, unless you have been working since you filed for unemployment, it is unlikely there are any earnings on which to base a new claim. However, if no extension is passed, obviously you need to contact NJ on your alternatives.
Last edited by Ariadne22; 11-30-2010 at 01:03 AM..
Im new to this forum but have been reading most of the posts on this thread. However, I need someone to shed some clarity on the current situation NJ is in directly relating to myself.
I was employed from Aug 09 to Aug 10 and won my claim 1 month after. I have been collecting the maximum from NJ (590) for the last 20 weeks and in 6 weeks it will run out.
- I was originally denied my claim due to being let go for "misconduct"...but the claims interview on the phone reversed the decision and they said they were ready to award me unemployment
- I am a New York City resident and commuted into NJ for work.
- When I applied for my Unemployment they only counted my W2's for the 2010 year, nothing from the 2009 year.
What should be my mode of action in the upcoming weeks. Due to the new laws and skimming the forum..I believe I will be screwed like many of you.
-Will I be eligible to open up a new claim for my 2009 W2's?
-Will I qualify for any of the Tier's
-Will I be able to file a claim in NY.
I am very confused about this situation and would appreciate any help.
Thank You for your time.
Corey
Quote:
Originally Posted by Ariadne22
First, you will not be able to file in NY because you have not earned wages in NY. Unemployment benefits are paid by the state in which the wages were earned.
Second, your claim which began in 8/10 normally would have considered the last three quarters of 2009 and the first quarter of 2010 when establishing your benefits, unless an alternate method was used which would have considered the last two quarters of 2009 and the first two quarters of 2010 which is when you were employed. Why do you believe they did not consider any of your 2009 earnings?
From your timeline, it is very likely you will either be eligible for Tier 1 of an EUC extension in January, if one is passed, or in the alternative Extended Benefits in NJ, both of which can pay benefits for up to 20 weeks.
Relative to EB, however, if, in fact, the decision on misconduct was reversed completely, then when your state benefits are exhausted in January, if there is no extension of the EUC legislation allowing you to transition to the tiers, you should be eligible for Extended Benefits in NJ, as EB is mandated by state law, provided the 'reversed' misconduct finding is not relevant. EB can be denied if claimant is penalized in any way for misconduct.
Third, on a new claim, unless you have been working since you filed for unemployment, it is unlikely there are any earnings on which to base a new claim.
So, in short, you will probably be either on Tier 1 or EB in January, depending on what Congress does.
Just a few things to add:
(1) New Jersey has several alternate ways to calculate your unemployment benefits, but all of them would have taken some portion of your 2009 earnings into consideration. For an explanation, see: Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?
I would ask the same questions as Ariadne22: Why do you think only your 2010 earnings were taken into consideration?
(2) As for your eligibility for EB, New Jersey does not automatically pay non-residents full EB. NJ has a reciprocity rule for EB for non-residents. If you collect EB from NJ but you live in another state, NJ will pay you two weeks of EB. In order to be eligible for the remainder of EB from NJ, your state of residence also has to offer EB. So residents of states which do not provide EB when the 100% federal funding expires will have their NJ EB stopped, even though NJ continues to pay EB to its residents.
(2) As for your eligibility for EB, New Jersey does not automatically pay non-residents full EB. New Jersey has a reciprocity rule that says that if your state of residence does not pay EB, then New Jersey will only pay you a maximum of 2 weeks of EB. In order to collect full EB from New Jersey, your state of residence has to provide its claimants full EB as well. So how long you collect EB from New Jersey will depend on whether New York is paying EB when you exhaust your other available benefits (regular benefits or Tiers).
Yeah, I caught that and made that correction just as you were posting. Reciprocity. I really should be in bed.
Thank you very much for the quick reply. I assumed they only factor 2010 W2's because that is all that I forwarded to them when I originally made my claim.
So basically I have 2 options. 1) If a bill gets passed soon, I will be eligible for tier 1 EUC..which can last up to 20 weeks.
2) Call NJ and find out what to do.
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