CA UI benefits ran out after just 6 months of a 1 year claim.. HELP (collect, apply)

[Blackmill25]

ok now i understand. thank you so much.

[mcmlvii]

so Ariadne22, can you elaborate for me on what the "LAG" is and also, are you saying that even if I did some handyman work for cash that as long as I report it, it will count as work and contribute to my eligibility for a new claim in the beginning of my 2nd year of UE? I don't have to have a "business" set up for this earning?

[Chyvan]

Lag is the unused wages that you might have. UI looks back from 3 months and 1 day to 5 months and 30 days. All depends on when you file for UI. It works by quarters. If you file early in Apr, you have just a little more than 3 months lag (Jan, Feb, Mar). If you file in late June maybe even the first few days of July (just depends on when the first Sunday is), you can get nearly 6 months of lag (Jan, Feb, Mar, Apr, May, Jun). If you used an alternate base period, that could greatly change things for the worse.

As for the handyman stuff, that depends. I wouldn't recommend doing it for cash. You better get a check, make a copy, and be prepared to name names. We had one poster that was successful, and another was denied because the work was deemed "not bona fide." Unfortunately, no one here was at the hearing so we don't know exactly what makes work bona fide or not, but the successful poster had a more legit consultant type arrangement, and the failed one was doing work on the side most likely for cash that didn't leave an acceptable enough papertrail.

[mcmlvii]

Originally Posted by Chyvan

Lag is the unused wages that you might have. UI looks back from 3 months and 1 day to 5 months and 30 days. All depends on when you file for UI. It works by quarters. If you file early in Apr, you have just a little more than 3 months lag (Jan, Feb, Mar). If you file in late June maybe even the first few days of July (just depends on when the first Sunday is), you can get nearly 6 months of lag (Jan, Feb, Mar, Apr, May, Jun). If you used an alternate base period, that could greatly change things for the worse.

As for the handyman stuff, that depends. I wouldn't recommend doing it for cash. You better get a check, make a copy, and be prepared to name names. We had one poster that was successful, and another was denied because the work was deemed "not bona fide." Unfortunately, no one here was at the hearing so we don't know exactly what makes work bona fide or not, but the successful poster had a more legit consultant type arrangement, and the failed one was doing work on the side most likely for cash that didn't leave an acceptable enough papertrail.

So my situation is that my claim started last Nov and the max benefit was reached in May so I no longer receive payments. I have not gone back to work as a w2 employee since but I have done piecework and some miscellaneous services. While i do not have "receipts" per say I have been paid via PayPal for a few of these things. Would that be a sufficient proof of work? Most of it was very recent so I can still invoice the recipients probably if necessary.

[Chyvan]

Originally Posted by mcmlvii

claim started last Nov

You potentially have wages from checks dated between July 1 and your termination date in Nov that can be a significant amount on which to base a claim.

Originally Posted by mcmlvii

Would that be a sufficient proof of work? Most of it was very recent so I can still invoice the recipients probably if necessary.

We just don't know. Could be that they want just enough to prove that your brother-in-law and you didn't get into cahoots to game the system, but you should certainly try and please come back and tell us if you succeed or fail so we can nail this down.

[Ariadne22]

Originally Posted by mcmlvii

So my situation is that my claim started last Nov and the max benefit was reached in May so I no longer receive payments. I have not gone back to work as a w2 employee since but I have done piecework and some miscellaneous services. While i do not have "receipts" per say I have been paid via PayPal for a few of these things. Would that be a sufficient proof of work? Most of it was very recent so I can still invoice the recipients probably if necessary.

You get as much documentation together as you can - invoices, proof of payment - either via PayPal or through your bank. You won't be approved initially and will have to appeal. You may or may not be approved on appeal - much depends on the ALJ. 50% chance, at best.

It appears the claim approval of one of the CD posters was an anomaly - and shouldn't have happened. Bona fide wages is the trip up - although the UIBDG states SE earnings count to "some work" - so it's a crapshoot on whether or not you'll be approved.

Apparently, generally, EDD will consider late paid royalties/residuals from earlier work as bona fide wages to meet earnings requirement - and then, in addition, if claimant works SE, he meets the "some work" - i.e., attachment to labor market requirement - from EDD in response to my query:

residual wages are not self-employment wages.

Wages from self-employment are not considered bona-fide employment and cannot be used to clear a LAG to meet the wage requirement.

LAG has 2 parts. The some work requirement and the wage requirement. *If* the clmt meets the wage requirement, s/e can be used to meet the some work requirement. You see this when the clmt has a DI or WC claim since those wages can be used to meet the wage requirement, making s/e ok to meet the some work requirement. BUT, S/E cannot be used to meet the wage requirement. Period. If the only wages the clmt has is S/E wages, they do not clear the LAG since S/E income is non-bona fide.

Now, imo, this is contrary to how the UIBDG reads - but it appears most ALJs do not view SE wages as "bona fide." So, as I said, the approval we had probably shouldn't have happened as that guy did handyman work and he hadn't received any residuals/royalties from earlier work during his benefit year.

But try. You lose nothing - and might get a sympathetic ALJ. It's always worth appealing in CA.

[mcmlvii]

Originally Posted by Ariadne22

You get as much documentation together as you can - invoices, proof of payment - either via PayPal or through your bank. You won't be approved initially and will have to appeal. You may or may not be approved on appeal - much depends on the ALJ. 50% chance, at best.

It appears the claim approval of one of the CD posters was an anomaly - and shouldn't have happened. Bona fide wages is the trip up - although the UIBDG states SE earnings count to "some work" - so it's a crapshoot on whether or not you'll be approved.

Apparently, generally, EDD will consider late paid royalties/residuals from earlier work as bona fide wages to meet earnings requirement - and then, in addition, if claimant works SE, he meets the "some work" - i.e., attachment to labor market requirement - from EDD in response to my query:
Now, imo, this is contrary to how the UIBDG reads - but it appears most ALJs do not view SE wages as "bona fide." So, as I said, the approval we had probably shouldn't have happened as that guy did handyman work and he hadn't received any residuals/royalties from earlier work during his benefit year.

But try. You lose nothing - and might get a sympathetic ALJ. It's always worth appealing in CA.

Ok So i reapplied after the year had passed and I just received the first letter from the EDD. It says (verbatim) Now what? given this verbiage where do I have an opportunity to use SE to validate wages? Thanks again for all of your help!

You had a prior Unemployment insurance claim. Benefits cannot be paid on your new claim unless you worked as an employee between 11-02--14 and 10-31-15 and condition (a) or (b) below is met.

a. You earned at least $1300 as an employee in one quarter between the dates listed above.

b. You earned at least $900 as an employee in your highest quarter of earnings between the dates listed
above, and your total earnings during that same time period weere at least 1.25 times that highest
quarter amount.

Mail proof of earnings such as copies of checks stubs to the EDD office listed above within 10 days of the date this request was mailed to you. DO NOT SEND ORIGINAL DOCUMENTS. Proof of earnings should include your name, your Social Security number, the name of your employer, the amount of earnings, and the dates worked.

Note: Disability insurance and/or Workmen's Compensation may, under certain circumstances, be used to validate your claim. If you received disability insurance or workers compensation insurance between the above dates, mail copies of documents that show payments and dates.

[Chyvan]

Send in the copies of your checks that you received during the time period in question.

[mcmlvii]

Originally Posted by Chyvan

Send in the copies of your checks that you received during the time period in question.

Not sure if you saw my previous posts but I don't have any "checks" the only work that I have done is independent contract work / SE if you will.

[UTCO94]

What form of payment did you accept for the work performed? CA has one of the lowest hurdles to show attachment to the workforce, but it's going to take some appeals.