NY unemployment benefit claim and part-time work (collect, extension, file)

[axvax304]

Hi - desperate for help and clarification which I can't seem to get from NYDOL. My benefit year just ended, so NY asked me to file a new claim. Fine and dandy. I have not worked full-time in the last year or more, and my prior claim was on my last full-time, well-paying position from '08. I HAVE worked part-time as a freelance writer (from home) for under $200 a month for a day or two a week (less than 8 hours a day), and only cleared about $1500 from that last year. I continue to do this small job. Nonetheless I always reported these earnings to unemployment each week, and saw my benefit payout cut in half because of it.

When my benefit year ended, I was still on Tier 2 of the first extension, and was not finished with it. If I was to attempt to claim on my part-time work ("most recent work" for which I got a 1099-MISC and am classified on the IRS form as a "nonemployee") I am fairly positive would not qualify.

I'm young and stupid and have never been on unemployment before so I don't know what to do. I tried speaking to someone at DOL about this dilemma, and they couldn't seem to understand my situation so told me to use the automated system on the phone to re-apply, then speak to someone at the end about possible entitlements still due me, or a new claim. Okay, but all of NY's unemployment claim systems, including the phone and online apps, are set up under the assumption that your "most recent job" was full-time AND that you are no longer in it. If you're trying to be honest, the system makes it impossible; they seemed to want me to state that my part-time work is my last job, but while I am still doing that work, the system wants me to indicate that I am no longer doing it and that it was substantial enough for the rest of the system's inquiries.

My friends and family seem to think that they want me to just reapply under my last full-time job (since I am officially a "nonemployee" of my part-time, freelance work), but I am unsure as to whether I can under that as it's not REALLY "the last day I worked", and no one at DOL will give me a straight answer. Does this make any sense, and what can I do? Thanks in advance, New York!

[NYChistorygal]

It sounds like having the part-time job probably killed your extensions, so they want you to file a new claim. What did the website say when you tried to claim your weekly benefits?

[axvax304]

I thought what killed my extension was my benefit year ending recently. Since then I haven't received or been able to claim benefits - last week it did not give me the option to do anything but file a new claim. There was a weird glitch this week where I logged in and it once again gave me the option to claim benefits, which I did, but it hasn't sent any money to my account. I asked DOL about it and they were vague, and just said that even though I could still technically claim benefits I had to file a new claim.

I'm more than happy to file a new claim but I don't know what to file under.

[NYChistorygal]

Try calling again. I've gotten different answers from different people at times. Keep calling until you get someone who can help. I think they are as confused as we are.

[wannabee]

Your earnings are probably not enough for a NEW claim, but they should re-open the existing claim.
A Handbook for Persons Claiming Benefits under the New York State Unemployment Insurance Law
How do I reopen my claim?
If your benefit year has not ended and there is a break of
at least one week from the last week claimed because of
employment or other reasons, you may reopen your
claim.
To reopen your claim, go to our website at
Home - NYS Department of Labor or call TEL-SERVICE and claim
weekly benefits. A claim may be reopened by claiming
benefits after the end of the first week for which you are
seeking benefits. You may be mailed a form regarding
the period of time for which you did not claim benefits.
You must complete this form and mail it back to the
address shown on the form as soon as possible.

[diorgirl]

Originally Posted by axvax304

Hi - desperate for help and clarification which I can't seem to get from NYDOL. My benefit year just ended, so NY asked me to file a new claim. Fine and dandy. I have not worked full-time in the last year or more, and my prior claim was on my last full-time, well-paying position from '08. I HAVE worked part-time as a freelance writer (from home) for under $200 a month for a day or two a week (less than 8 hours a day), and only cleared about $1500 from that last year. I continue to do this small job. Nonetheless I always reported these earnings to unemployment each week, and saw my benefit payout cut in half because of it.

When my benefit year ended, I was still on Tier 2 of the first extension, and was not finished with it. If I was to attempt to claim on my part-time work ("most recent work" for which I got a 1099-MISC and am classified on the IRS form as a "nonemployee") I am fairly positive would not qualify.

I'm young and stupid and have never been on unemployment before so I don't know what to do. I tried speaking to someone at DOL about this dilemma, and they couldn't seem to understand my situation so told me to use the automated system on the phone to re-apply, then speak to someone at the end about possible entitlements still due me, or a new claim. Okay, but all of NY's unemployment claim systems, including the phone and online apps, are set up under the assumption that your "most recent job" was full-time AND that you are no longer in it. If you're trying to be honest, the system makes it impossible; they seemed to want me to state that my part-time work is my last job, but while I am still doing that work, the system wants me to indicate that I am no longer doing it and that it was substantial enough for the rest of the system's inquiries.

My friends and family seem to think that they want me to just reapply under my last full-time job (since I am officially a "nonemployee" of my part-time, freelance work), but I am unsure as to whether I can under that as it's not REALLY "the last day I worked", and no one at DOL will give me a straight answer. Does this make any sense, and what can I do? Thanks in advance, New York!

1099 earnings will not qualify you for a new claim. Employers only pay unemployment tax on W-2 earnings. Your benefits payout was cut because -- while 1099 earnings will not qualify you for a new claim -- they are income that is applied to the maximum you can earn and still collect unemployment each week.

When you reach your one-year anniversary, reapplying is part of the process. You reapply, UI verifies that you have not earned enough in the previous year to qualify for a new claim, and they re-initiate payment on your existing claim.

If you have been reporting your part-time income regularly while you have been on unemployment, they have that in your record. Call again and simply tell them that you have been working only part-time and that you are paid on a 1099 basis. Ask them how to indicate that in the on-line application; they will probably tell you there is no need -- that the 1099 status will pop up in their system from your record.

[Ariadne22]

Originally Posted by axvax304

I HAVE worked part-time as a freelance writer (from home) for under $200 a month for a day or two a week (less than 8 hours a day), and only cleared about $1500 from that last year. I continue to do this small job. Nonetheless I always reported these earnings to unemployment each week, and saw my benefit payout cut in half because of it.

diorgirl - Assuming, avax was collecting close to the maximum NY benefit based on his 'well paying job,' why would his benefit be cut in half during the first year from part time work? You've posted somewhere on this board the WBR and PBR and how the PBR is calculated as 120% of the WBR and any part-time earnings are deducted from that. $200/mo is less than $50/week. Doesn't make sense.

[diorgirl]

Originally Posted by Ariadne22

diorgirl - Assuming, avax was collecting close to the maximum NY benefit based on his 'well paying job,' why would his benefit be cut in half during the first year from part time work? You've posted somewhere on this board the WBR and PBR and how the PBR is calculated as 120% of the WBR and any part-time earnings are deducted from that. $200/mo is less than $50/week. Doesn't make sense.

I didn't post that. I never post calculations -- hypothetical or real -- for posters. Perhaps it was wannabee -- who posts alot on WBR and PBR.

But to address your question, different states treat part-time earnings during unemployment differently. You do not simply lose a dollar of unemployment for every dollar you earn in part-time work.

For example, in New York you can sacrifice UI benefits based on days worked in a week -- but also on dollars earned that week -- regardless of what your regular weekly UI benefit is:

Q: What if I work part-time?

A: If you work less than four days and earn $405 or less in a week, you may receive partial benefits.

You are considered employed on any day when you perform any services - even an hour or less - regardless of whether you get paid for that day. Each day or partial day of work will reduce your benefit rate by one-quarter.

Each day or part of a day of work will result in a payment of a partial benefit as follows:
1 day of work = 3/4 of your full rate
2 days of work = 1/2 of your full rate
3 days of work = 1/4 of your full rate
4 days of work = No benefits due

If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid for that week.

If you are unable to work, your benefits are determined on the same basis.

Receiving partial benefits extends the length of time you may collect benefits until you reach the maximum or your benefit year ends, whichever comes first.

If you work while receiving benefits and do not report that employment, even if it is part-time work, you may be committing fraud. You must report all full-time and part-time employment to the Labor Department or you risk criminal penalties.
http://www.labor.state.ny.us/ui/clai...iedfaq.shtm#14

This means that in New York, even if you work as little as one hour a day at minimum wage, if you work four days a week, you are not due any unemployment benefits for that week -- regardless of how much your weekly UI benefit is or how little you earned part time.

Alternatively, if you work only one day and you earn more than $405 on that day, you would also not be due any unemployment benefits for the week.

[Ariadne22]

Thank you, diorgirl. A continuing education.

[diorgirl]

Originally Posted by Ariadne22

Thank you, diorgirl. A continuing education.

That's why -- regardless of how similar a poster's situation seems to your own -- it is always important to check your state's DOL website and speak to a UI rep in your state about your specific case.