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Old 12-10-2013, 09:23 PM
 
3 posts, read 30,023 times
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Hi guys, this is a great site. Plenty of helpful people here, and lots of my questions have been answered just by reading the threads of other people who have problems similar to mine.

I do couple questions about California's EDD procedures.

The quick version of my story is that I got laid off in May 2013, received unemployment benefits for 3 weeks, then got another job. Now the new company is going through hard times and i'm going to get laid off again in February 2014, leaving me with only 4 months left on my old claim.


1. Is it a valid strategy to exhaust my old claim and then file a new one based on my earnings from the new company? So collect 4 months of benefits from the old claim, and then basically file for UE again in May/June? Or will CA see that i haven't worked between claims and deny me?

2. Could i make a new claim without reopening the old one? I'm skeptical of this because of this sentence on the EDD website:

"The claimant is allowed only one new claim per 52-week benefit year; once the new claim is filed, any subsequent opening of the claim is either an additional or a reopened claim, as described below."

3. Am i screwed out of federal benefits because i took a job before state benefits ran out?


I'm just trying to find out my best course of action here. I don't want to end up putting my family on welfare because my unemployment gets cut short prematurely

Thanks everyone


EDIT
One more question comes to mind:

Will they award 26 weeks of benefits for only working 8 months?(assuming my wages during the standard base period were sufficient to qualify me)

Thanks again!

Last edited by Heliface; 12-10-2013 at 09:57 PM..
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Old 12-10-2013, 09:32 PM
 
1,115 posts, read 1,468,105 times
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You would have to re-open your old claim. You cant have more than one claim in a 52 week period. Once your current claim runs out in May 2014 you can file a new one based on new earnings.

Since you did not collect EUC on the May 2013 claim you will not be eligible for EUC on this claim since you supposedly have new earnings that will establish a new claim for you in May 2014. I wouldn't say that you screwed yourself, taking a job is always a good thing.

You will be eligible for EUC on the May 2014 claim once you exhaust all state benefits as long as you meet the monetary tests, that is if EUC is still in effect congress permitting, which right now looks unlikely.
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Old 12-10-2013, 09:49 PM
 
1,115 posts, read 1,468,105 times
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Quote:
Originally Posted by Heliface View Post
EDIT
One more question comes to mind:

Will they award 26 weeks of benefits for only working 8 months?

Thanks again!
It depends on your monetary amount earned. Your maximum benefit amount is determined by the lesser of 2 amounts.

1) 50% of all wages in the base period.

Or

2) 26 weeks at your weekly benefit amount
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Old 12-10-2013, 10:11 PM
 
3 posts, read 30,023 times
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Quote:
Originally Posted by UntilTheNDofTimE View Post
You would have to re-open your old claim. You cant have more than one claim in a 52 week period. Once your current claim runs out in May 2014 you can file a new one based on new earnings.

Since you did not collect EUC on the May 2013 claim you will not be eligible for EUC on this claim since you supposedly have new earnings that will establish a new claim for you in May 2014. I wouldn't say that you screwed yourself, taking a job is always a good thing.

You will be eligible for EUC on the May 2014 claim once you exhaust all state benefits as long as you meet the monetary tests, that is if EUC is still in effect congress permitting, which right now looks unlikely.
Great, thanks for responding so quickly! Makes sense on the "no 2 claims in 1 year thing." Glad to see i can file a new claim when my old one runs out though!

Quote:
Originally Posted by UntilTheNDofTimE View Post
It depends on your monetary amount earned. Your maximum benefit amount is determined by the lesser of 2 amounts.

1) 50% of all wages in the base period.

Or

2) 26 weeks at your weekly benefit amount
Looks like i qualify for 26 weeks based on both of those items. However, is that "discretionary" on their part though? Sort of like how department stores offer "Up to X dollars in cash back" or similar hoo haw?
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Old 12-10-2013, 10:13 PM
 
1,115 posts, read 1,468,105 times
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Quote:
Originally Posted by Heliface View Post
Cool, looks like i qualify for 26 weeks based on both of those items. However, is that "discretionary" on their part though? Sort of like how department stores offer "Up to X dollars in cash back" or similar hoo haw?
Not at all. It's the lesser of the two. If you earned 80,000 in a year they are not going to give you 40,000(50% of earnings in base period) in benefits, they will give you the maximum benefit amounts($450) for 26 weeks($11700)
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Old 12-10-2013, 10:17 PM
 
3 posts, read 30,023 times
Reputation: 10
Quote:
Originally Posted by UntilTheNDofTimE View Post
Not at all. It's the lesser of the two. If you earned 80,000 in a year they are not going to give you 40,000(50% of earnings in base period) in benefits, they will give you the maximum benefit amounts($450) for 26 weeks($11700)
Excellent, i was sort of worried that when they used the word "maximum benefit amount" that meant that they could elect to give me less.

Thanks for clearing that up, and being a helpful fellow in general
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