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Old 05-13-2010, 07:41 AM
 
23 posts, read 101,389 times
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Thank you again so much, jdljr!!

Last edited by sfhamm; 05-13-2010 at 07:41 AM.. Reason: typos
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Old 05-13-2010, 04:25 PM
 
Location: Boone, NC
1,166 posts, read 3,444,049 times
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Quote:
Originally Posted by sfhamm View Post
Thank you again so much, jdljr!!
I am so sorry, but I forgot to check today and didn't remember until I saw my post stating I would check! I will once again try tomorrow to ask about this. I've even written it down tonight to take with me tomorrow.
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Old 05-14-2010, 07:58 AM
 
23 posts, read 101,389 times
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Thank you! I'm taking the job ether way but it will be nice to know what will happen.
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Old 05-14-2010, 04:00 PM
 
Location: Boone, NC
1,166 posts, read 3,444,049 times
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Quote:
Originally Posted by sfhamm View Post
Thank you! I'm taking the job ether way but it will be nice to know what will happen.
Ok, I remembered to confirm this today. According to my manager, once you accept full time employment you must stop filing for your UI benefits, even if the full time employment pays less than your UI benefits. The reason is because if you're working full time, you're not available to take full time employment. I know that sounds weird, but it all has to do with the availability issue.
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Old 05-14-2010, 04:53 PM
 
Location: Boone, NC
1,166 posts, read 3,444,049 times
Reputation: 314
Default Important information for qualifying for regular UI in a 2nd benefit year

Hello everyone who reads this thread.

I wanted to give you all a heads up on a policy going into effect with claims filed beginning this coming Sunday. This policy affects ONLY those claimants who are filing a SECOND (or subsequent) benefit year beginning May 16, 2010. It does not affect folks filing a first benefit year. We just found out about this policy YESTERDAY.

Beginning on Sunday, May 16th, 2010, anyone who files a 2nd benefit year (called a transitional claim) when their first benefit year expires must have worked and earned at least SIX TIMES an amount equal to or greater than the average weekly insured wage in NC ($758.44), or $4,550.64, since beginning their prior benefit year in order to be eligible for a new round of regular UI in the second benefit year.

For example: Suppose you have a claimant who was laid off from XYZ company and filed a claim effective May 17, 2009. His benefit year would end May 15, 2010. The claimant would draw UI and EUC until the end of the benefit year. Then, in many cases, there are enough unused wages (some think of this as lag wages) from the last employer to qualify to set up a new (2nd) benefit year. Under the new provision, the claimant would get a monetary determination that indicates he is eligible for an additional XX amount of weeks of regular UI at $xxx per week. But at the bottom of that determination there may be a statement that warns the claimant about the six times rule. In order to meet the six times rule, this claimant will have had to have worked and earned at least six times the current average weekly insured wage, or $4,550.64, between May 17, 2009 and May 15, 2010 in order to qualify for a new round of regular UI in a second benefit year, EVEN IF THERE ARE SUFFICIENT WAGES IN THE BASE PERIOD. The average weekly insured wage changes each July, so the amount needed to requalify will also change.

If a claimant has not met this requirement or if the system cannot detect that the requirement has been met by looking at the base wage file, an issue will be set on their new claim and they will be ineligible for a new round of regular UI. If a claimant has worked but the wages aren't showing on the wage screen, then they will have to bring proof of wages to the local office and the issue can be removed.

If a claimant cannot meet the six times rule then EUC should roll forward from the previous benefit year just as though the claim were monetarily ineligible (as it does now).

If the system detects that a claimant does meet this requirement, then no issue will be set on the claim and the claim will pay regular UI in the 2nd benefit year if the claimant is otherwise eligible.

Not meeting this requirement is NOT APPEALABLE. The claimant either meets the six times rule or fails to meet the six times rule. Wages from self employment cannot be used to meet the six times rule, they must be from a covered employer.

Keep in mind also, that for folks who DO currently qualify for a 2nd round of regular UI in a second benefit year - if you don't qualify for new extensions, you're not eligible to have your EB pulled forward into your 2nd benefit year if you've received regular UI a second time. But now, if you don't meet this six times rule and don't get a second round of regular UI, you should be eligible to receive your EB from the previous benefit year, as long as you're otherwise eligible.

I just wanted to give you all a heads up, especially those that are early on in their first benefit year so you can keep this in mind regarding your future eligibility for receiving a second round of regular UI in your second benefit year.

And remember, I'm just a messenger, I don't make the rules!

Last edited by jdljr; 05-14-2010 at 05:30 PM..
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Old 05-14-2010, 09:51 PM
 
131 posts, read 233,303 times
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jdljr,

Hello again...good job reporting the new developments on the ESC front! Of course, we all KNOW you are only the messenger, that you don't make the rules. Thanks for your proactive action in letting those effected by this to realize that picking up part time work to earn enough to meet this new requirement is CRITICAL to qualify for a new bene yr. You are a great counselor and coach, and as always, I know I speak for many when I say your guidance and information are invaluable! Thanks again for going above & beyond to help us!

You helped me determine that I will be paid for wk#14 AFTER Tier 4 is exhausted, thus being the very last benefit available to me. I'm writing this as an FYI to others who may face a similar scenario, since I don't know how many others here on this board have exhausted all available Tiers like I have. I wasn't clear as to whether this oddity of being paid wk#14 after all 4 Tiers are exhausted is the norm, or if my case was an anomaly, but I figure the specific situation will likely surface again, so thought I'd bring it up for my "board-mates" to know. Thanks again so very much for all your help over the past 3 months. You're the best! I guess you won't have to put up with me anymore unless the Feds create any new Tiers, which I've read conflicting info about. But, in addition to my promising interview earlier this week (which I still have not heard any more about), I got ANOTHER call from a different employer late this afternoon to interview on Monday (YAY), so I'm hoping that I won't need any additional help. I truly hope this works out (y'all say a prayer for deerest to get this one...PLEASE!!!). The pay is just 56 cents less per hour than my last job, although the number of hours per week is not yet clear to me, could be less than 40, but that's fine. It's just 4 miles from home, so I'll save a lot on gas, and one where my skills should translate pretty seamlessly...it truly sounds like a blessing and after diligently and faithfully searching for almost 18 months...I'm soooooo ready to get out of this house and have interaction with people again, so I'm hoping this is the one I've patiently awaited! I'm encouraged a little bit by the fact that after a year and a half of applying for at least 5 or 6 jobs a week (typically more but this was my minimum) and only had maybe 6 actual face to face interviews, this is the first time I have EVER gotten 2 call backs within the same week! SO I hope the projections that our economy is continuing to grow and jobs are slowly coming back are accurate. The only bad thing about it would be that it will look suspicious to get a job just as my benes exhaust...I hear this so much in the media, implying that the unemployed just kick back & mooch off the tax payers. It it sickens me b/c I know how hard I've tried to find work all this time. Good luck to all here...keep your fingers crossed for me! (I pray for jobs for all of us EVERY day...really) Send me all your positive karmic energy (hey, I've tried everything else so why not-lol!).

Last edited by deerest; 05-14-2010 at 10:09 PM..
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Old 05-15-2010, 09:06 PM
 
Location: Boone, NC
1,166 posts, read 3,444,049 times
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Quote:
Originally Posted by deerest View Post
jdljr,

Hello again...good job reporting the new developments on the ESC front! Of course, we all KNOW you are only the messenger, that you don't make the rules. Thanks for your proactive action in letting those effected by this to realize that picking up part time work to earn enough to meet this new requirement is CRITICAL to qualify for a new bene yr. You are a great counselor and coach, and as always, I know I speak for many when I say your guidance and information are invaluable! Thanks again for going above & beyond to help us!

You helped me determine that I will be paid for wk#14 AFTER Tier 4 is exhausted, thus being the very last benefit available to me. I'm writing this as an FYI to others who may face a similar scenario, since I don't know how many others here on this board have exhausted all available Tiers like I have. I wasn't clear as to whether this oddity of being paid wk#14 after all 4 Tiers are exhausted is the norm, or if my case was an anomaly, but I figure the specific situation will likely surface again, so thought I'd bring it up for my "board-mates" to know. Thanks again so very much for all your help over the past 3 months. You're the best! I guess you won't have to put up with me anymore unless the Feds create any new Tiers, which I've read conflicting info about. But, in addition to my promising interview earlier this week (which I still have not heard any more about), I got ANOTHER call from a different employer late this afternoon to interview on Monday (YAY), so I'm hoping that I won't need any additional help. I truly hope this works out (y'all say a prayer for deerest to get this one...PLEASE!!!). The pay is just 56 cents less per hour than my last job, although the number of hours per week is not yet clear to me, could be less than 40, but that's fine. It's just 4 miles from home, so I'll save a lot on gas, and one where my skills should translate pretty seamlessly...it truly sounds like a blessing and after diligently and faithfully searching for almost 18 months...I'm soooooo ready to get out of this house and have interaction with people again, so I'm hoping this is the one I've patiently awaited! I'm encouraged a little bit by the fact that after a year and a half of applying for at least 5 or 6 jobs a week (typically more but this was my minimum) and only had maybe 6 actual face to face interviews, this is the first time I have EVER gotten 2 call backs within the same week! SO I hope the projections that our economy is continuing to grow and jobs are slowly coming back are accurate. The only bad thing about it would be that it will look suspicious to get a job just as my benes exhaust...I hear this so much in the media, implying that the unemployed just kick back & mooch off the tax payers. It it sickens me b/c I know how hard I've tried to find work all this time. Good luck to all here...keep your fingers crossed for me! (I pray for jobs for all of us EVERY day...really) Send me all your positive karmic energy (hey, I've tried everything else so why not-lol!).
Deerest, that's GREAT news on the second interview! I hope you get this one, it sounds like THE one you've been waiting for.

And you're right, it's strange that your 14th week is paying out at the end, but that's what it is. Not sure why it happened, I hadn't seen that before, but stranger things have happened. At least you're getting it and your claim is not STUCK again! I fear a lot of stuck claims again when this current phase out date gets here, and IF Congress extends it again. They still have not done anything about it. Why they must wait til the last minute and cause not only claimants anxiety, but also US anxiety over having to scramble to make changes in the system...GRRRR. But anyhow, if this job you're interviewing for Monday pans out for you, it truly came just at the right time.

Best of luck to you!!
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Old 05-16-2010, 11:01 AM
 
3 posts, read 4,959 times
Reputation: 10
jdljr, Is this a new law that has been passed? I mean, it doesn't make a lot of sense since therf period wherein one must earn the six -times avg wage is in fact the period the person is unemployed. I would think very few people would then qualify for a second benefit year. In my case. when my first benefit year benefits were computed, (I began June 19, 2009) the first two quarters of 2009 were not used in the determination. So, you are saying that I will never be able to draw on those two quarters of wages since I did not earn any wages between June 19, 2009 and June 19, 2010? Thanks for your help...you are terrific!

Last edited by sydneydel; 05-16-2010 at 11:07 AM.. Reason: spelling errors
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Old 05-16-2010, 05:45 PM
 
Location: Boone, NC
1,166 posts, read 3,444,049 times
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Quote:
Originally Posted by sydneydel View Post
jdljr, Is this a new law that has been passed? I mean, it doesn't make a lot of sense since therf period wherein one must earn the six -times avg wage is in fact the period the person is unemployed. I would think very few people would then qualify for a second benefit year. In my case. when my first benefit year benefits were computed, (I began June 19, 2009) the first two quarters of 2009 were not used in the determination. So, you are saying that I will never be able to draw on those two quarters of wages since I did not earn any wages between June 19, 2009 and June 19, 2010? Thanks for your help...you are terrific!
Yes, the period that you must have earned six times the average weekly wage to qualify for REGULAR UI in a SECOND benefit year, is that period within the first benefit year. Remember...this does NOT preclude you from a second benefit year wherein you can have your unused EUC and/or EB transferred to your new benefit year...it only precludes you from drawing a SECOND round of REGULAR UI. And you are correct. For you, unless you have worked between June 19, 2009 and June 19, 2010, you will not qualify for a second round of REGULAR UI. But, if you're otherwise eligible, your unused EUC and/or EB will be pulled forward into a second benefit year for you to draw as if you didn't have the 1Q2009 and 2Q2009 wages there. Those two quarters of wages will eventually fall off as the quarters change down the road.

It's not really a new rule, it's just something that hasn't been enforced for probably 15 years. And the rule used to be TEN TIMES the average weekly wage, but they've now changed it to SIX TIMES to try and give the claimant an advantage.

But I know, many folks say they can't find ANY employment despite feverishly searching, let alone part-time. But it's not intended to penalize a claimant, as it would sound. Rather, it's intended to encourage folks to obtain part-time employment while certifying for UI. Part-time employment while searching for your replacement, full-time job and certifying each week for UI is not a bad thing, it essentially extends out the period in which someone's benefits are payable, and adds money to your base period for potential future claims. Some part-time jobs evolve into full-time. I think it's also intended to address those folks who aren't really, truthfully, legitimately searching for employment, knowing that they can potentially draw unemployment for 2+ years.



.
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Old 05-17-2010, 09:40 AM
 
30 posts, read 50,016 times
Reputation: 11
Holy Cow -- I consider myself fairly well-educated, but all of this information seems Greek to me... Perhaps I'm really not the brightest bulb on the tree... I've posted before but alas I am confused again with this post... My husband's first benefit year was February 2009 - February 2010... He received unemployement for Feb 09 - May 09 ... worked May 09-November 09 and unemployed again... began drawing again on this same benefit year... if memory serves me correct, he drew a total of 26 weeks during that time... when that year ended, ESC opened a new benefit year in Feb 2010 (actually I think it was like Jan 26th)... he has been drawing on that since then... despite some interviews and MANY applications we have a nice stack of rejection letters...

ANYWAY, with JDLJR's latest post ---

-- does this mean he is not eligible for any of the extended benefits he did not receive on 1st year once 2nd benefit year was open?
-- current (2nd) benefit year goes through end of January 2011, however I think his 26 weeks on 2nd benefit year ends the end of June? will he be eligible for extended benefits?

I'd like to think prayers for a job will be answered by then and we won't have to worry about it, but I guess we need to plan for worst case scenario too... Hoping things look UP soon for all...

Sorry I am so ignorant on this issue and asking questions again...
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