CA EDD question (urgent!)- can I work part-time while receiving EDD? (collect, extension)

[Tokki81]

I've been receiving CA EDD since beginning of May. Amount i'm receiving is $267/week.
I was recently offered to work part time (30 hrs/week) from my old job. (this is not the job I was laid off from)
I assume the income I'll be bringing home is at least $450/week. However, I will only be working until October.
I know my EDD will reach its 26th week in early November, so I will be able to apply for extension.

my questions are:

1) Will my EDD discontinue because I will be earning more than the current EDD amount?
2) Or will my EDD resume after I quit my part time job in October and would I still be able to receive EDD for another 22 weeks? (since I've been getting EDD for the previous 4 weeks)
3) Or will it be active but just end at the end of 26th week?
4) Is there a maximum number of hours or income you can receive in order to continue with EDD?

Also, if I decide not to take the part-time job, how do I extend my EDD?
Does EDD automatically extend it for me? or do I have to apply it by paper?
Do they pay me the same amount of money for another 26 weeks?

I have to give an answer to my manager by early next week. so it's urgent!
I'm so confused!! Please help!

[rgarjr]

Yeah if u earn more than what u get from UI in a week they will close your claim.

[Chyvan]

You can't accept the part-time job, and then "quit" in October and expect to go back on UI.

[Ariadne22]

Originally Posted by Tokki81

1) Will my EDD discontinue because I will be earning more than the current EDD amount?
2) Or will my EDD resume after I quit my part time job in October and would I still be able to receive EDD for another 22 weeks? (since I've been getting EDD for the previous 4 weeks)
3) Or will it be active but just end at the end of 26th week?
4) Is there a maximum number of hours or income you can receive in order to continue with EDD?

Also, if I decide not to take the part-time job, how do I extend my EDD?
Does EDD automatically extend it for me? or do I have to apply it by paper?
Do they pay me the same amount of money for another 26 weeks?

1. Yes, your benefits stop when your deductible earnings (75% of your earnings) equal or exceed your unemployment benefit.
2. If your employer lays you off in October, you will continue to collect your state benefits until exhausted. You will need to call CA to reopen the claim. DO NOT QUIT.
3. If Congress does not extend the legislation at the end of the year, your benefits end when you have exhausted the 26 weeks CA state benefits.
4. In CA, your "deductible earnings" (usually 75% of what you earn) can't exceed your weekly benefit. See below. If you will be earning $450/wk, you don't qualify for benefits.
5. CA will transition you to Tier 1 of EUC when you exhaust 26 weeks state benefits if you do so before the end of the year. All federal benefits end 12/29 if Congress doesn't extend.
6. EDD will transition you to Tier 1 automatically. You do not have to apply. Keep claiming.
7. Your weekly benefit amount - whether CA 26 weeks or federal tier benefits - remains the same for the life of the claim.

Here is CA's partial benefit formula. You do not qualify for benefits if 75% of what you earn is equal to or more than $267/wk. In other words, 75%x$450=$337.50, which is more than your benefit, so your claim is closed.

Amount of Wages
Although a claimant is required to report to the Department to total gross wages payable, only a portion of those wages affects the claimant's eligibility for benefits under Sections 1252 and 1279.

If the wages allocated to a week claimed are $25.99 or less, such earnings are disregarded and, hence, have no effect on the claimant's eligibility for benefits. If the wages are between. $26 and $99. 99, $25 of the wages are disregarded and the amount remaining is considered to be deductible. If the wages are $100 or more, 25 percent of the wages are disregarded and, therefore, the deductible earnings would be 75 percent of the total wages.

When the deductible earnings equal or exceed the claimant's WBA, he/she is ineligible for benefits under Section 1252 since he/she does not meet the definition of an unemployed individual. When the deductible earnings are less than the claimant's WBA and the claimant has worked less than full-time, he/she would be ineligible for full weekly benefits under Section 1279. If otherwise eligible, the claimant would be paid the difference between his/her WBA and the deductible earnings.

EXAMPLE F
Claimant F worked less than full time and earned gross wages of $85 during the week ending August 4. F's WBA is $55. The amount of deductible earnings is $60 ($85 minus $25) which exceeds the claimant's WBA. Therefore, F is ineligible for benefits under Section 1252.

EXAMPLE G
Claimant G worked less than full time and earned gross wages of $120 during the week ending August 11. G's WBA is $85. The amount of deductible earning is $90 ($120 minus 25% of $120) which exceeds the WBA. Therefore G is ineligible for benefits under Section 1252.

EXAMPLE H
Claimant H worked less than full time and earned gross wages of $93 during the week ending August 18. H's WBA is $95. The amount of deductible earnings is $68 ($93 minus $25) which is less than the WBA. Assuming that H meets all other eligibility requirements, the amount payable would be $27 ($95 minus $68).

EXAMPLE I
Claimant I worked less than full time and earned gross wages of $200 during the week ending August 25. I's WBA is $166. The amount of deductible earnings is $150 ($200 minus 25% of $200) which is less than I's WBA. Assuming that I meets all other eligibility requirements, the amount payable would be $16 ($166 minus $150).



Total and Partial Unemployment TPU 5 - General

[thebunny]

Also, it is NOT totally going back on the same claim. It is going back to the same benefit year, but EDD will make you go through the process of finding you eligible for benefits again as the claim will be considered closed once you do not file, or file but have wages more than the benefits. They will look at the reason you left the MOST recent employer, so if you quit the part time job, you will have to explain that. Reopening the claim, even though it is the same benefit year, will cause EDD to investigate what has happened SINCE the claim. They treat it like it was a new claim, just with the same benefit award and time left on the claim as the original one.

For example, I was laid off in May of 2011. I qualified for benefits. I found a temp job that lasted until Feb of 2012. I reopened my claim in Feb of 2012 and the reason for leaving the temp job became relevant to my claim, it didn't just start up immediately like nothing had happened. EDD needed the info for the employment ending in Feb 2012. Luckily as I was laid off both times it was reasonably painless (there were hurdles, but they were uncommon employer "oops" hurdles) and I got benefits approved both times.

[SoCal4]

I have been receiving UI benefits on a claim opened March 2013. My benefit is 216 week. I have been working 1 day a week (sometimes no hours for the week..not put on the schedule) at a new restaurant. I have been claiming it on my weekly claim forms. I was just let go (fired for misconduct). Do I have to explain anything to EDD or can I just answer"no" to question # 6 on the next continued claim form ("did you work or earn money whether you were paid or not")? The claim is not based on this particular employer. I can't see any reason why EDD would know or even care? It's a valid claim relating to other employers from 2012. So, Can I just say"no" to question 6and be oay? It is the truth after all. Thanks for your help.

[Chyvan]

Every separation from a job is eventually going to be investigated. Hopefully, the employer can't prove misconduct, and it will amount to nothing. However, if the employer does prove misconduct, your benefits will be stopped effective the week you were discharged, and even if CA keeps paying you beyond that, they'll want the money back.

[SoCal4]

Thanks for the reply. It would probably boil down to a he said/she said reason for my being let go. Is it anywhere in the EDD literature on UI that would give me the parameters for what I am technically supposed to do in this situation? As I see it, answering (truthfully) question #6 as "NO I did not work or earn money..." should be acceptable. If you answer no ,you do not have to fill out any more info. Do they look back and compare to other claim forms? I would like to know what to expect as best as I can. By the way I am in California if that makes a difference. Thank you very much.

[Chyvan]

You can answer "no" to that question, but the state is going to be interested sooner or later in that you had earnings/hours reported in prior weeks, and now they stopped. It's for that reason you can be certain that something is going to happen as far as an investigation goes.

[SoCal4]

So I would be interested in hearing from anyone out there who might have been in this same situation: I was just fired (for misconduct so they assert, I disagree) from my PT (6 hrs.) a week job. I have a current UI claim and have been claimimg all of my income etc. Now I have been fired. I plan to answer No to question 6 that asks "whether or not I worked or earned any money" etc...If "No" then you don't have to give any more info about jobs, employers etc. The claim is not based on this particular employer either. So isn't it ok to have been fired from this job? (As ok as it ever is getting fired, I mean)....Please weigh in....and thanks.