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Old 10-23-2018, 01:29 AM
 
6 posts, read 5,628 times
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Hello,

I recently received an out of country questionaire from nyc dol for attempting to claim benefits while on a brief trip to the UK.

I am about to start work again and dont need future benefits, could i just not respond?

I am scared of opening a worse can of worms by sending my passport and itinerary. What will happen if I don’t respond?
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Old 10-23-2018, 07:11 AM
 
14,500 posts, read 31,193,862 times
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Quote:
Originally Posted by Bb_clone View Post
I am about to start work again and dont need future benefits, could i just not respond?
Sure, but if you get an 80 day penalty and an overpayment, you might never collect UI for a long time in the future.

Learn how to deal with this mess, and mitigate your penalty.

Quote:
Originally Posted by Bb_clone View Post
I am scared of opening a worse can of worms by sending my passport and itinerary. What will happen if I don’t respond?
I don't know the circumstances, but it's not your job to provide evidence against yourself.

Tell the story starting from the date you left NY until you got back.
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Old 10-23-2018, 08:49 AM
 
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I have been collecting for around two months, keeping records and attending the meeting.

I left the country 2 weeks ago on a wednesday and continued to set up interviews and apply while i was abroad in a different european country. I wasnt aware of the penalties for claiming abroad and filed for the previous week while i was in euro country 1. I didnt receive a warning or message this time and i received payment for that week on thursday.

The next week, i claimed again in the uk, got a warning, but attempted to submit anyway (wasnt using a proxy or anything) and then received the out of country notification and questionare.

Im back in the US now.

Im worried that submitting records and itinerary would just make things worse because i already received payment for a week where i was abroad for two days.

I’m fine forefitting the claim that didnt go through.

What should I do to mitigate penalties here and end this as fast as possible.

Last edited by Bb_clone; 10-23-2018 at 09:06 AM.. Reason: Clarifications
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Old 10-23-2018, 08:54 AM
 
6 posts, read 5,628 times
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Has there been a standard overharge amount for ppl who dont provide documentation?
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Old 10-23-2018, 01:08 PM
 
14,500 posts, read 31,193,862 times
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You're not getting it. They don't you for one week, they hit you for one week AND 80 days (in NY that's 40 future weeks of future UI benefits that you might have had like if you lose your job again in the future. Take what you get per week now, and multiple by 40, that's how much future money you have at stake.

The biggest penalties are from people that get the message and then call someone in NY and tell them to log on and it for them. You didn't say you did that.

NOT providing the documentation is the correct thing to do. If you do, then you are providing evidence against yourself and then it then is used at the hearing.

Right now, on the surface, you filed from out of the country, and were blocked. So NY only knows that you used a foreign IP address.

What you strive for is to get penalized for ONE week because you can't prove that you were in NY, NOT provide proof that you were in a foreign country and how long you were actually gone.

Now that you are back, are you working? If not, then call and REopen your claim and start claiming for weeks AFTER you returned and are not in question.
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Old 10-23-2018, 05:35 PM
 
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Okay, thanks.

Is it best that i just not respond at all then and attempt to reopen my claim in new york. From what i can tell my account is frozen until i provide it or respond in some way.

Should i provide my address and proof that I’m in new york now?

Im starting work at the start of next week, so i wasn’t planning on claiming for the entire week.

Last edited by Bb_clone; 10-23-2018 at 05:43 PM..
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Old 10-23-2018, 07:15 PM
 
14,500 posts, read 31,193,862 times
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Quote:
Originally Posted by Bb_clone View Post
Is it best that i just not respond at all then and attempt to reopen my claim in new york.
Correct, and file weekly claim forms

Quote:
Originally Posted by Bb_clone View Post
From what i can tell my account is frozen until i provide it or respond in some way.
No. Your account is frozen because when people do this they get 80 days of disqualification. Eventually, NY will have to make a decision "with the best available information." At this moment, the only information they have is that your UI account was accessed by an IP address that looks like it came from the UK.

They don't know that you did it. They don't know if you used some randomizer that made you look like you were away. They know NOTHING about what really happened.

You keep it that.

Quote:
Originally Posted by Bb_clone View Post
Should i provide my address and proof that I’m in new york now?
If you want.

Quote:
Originally Posted by Bb_clone View Post
Im starting work at the start of next week, so i wasn’t planning on claiming for the entire week.
You claim UI in arrears. I'm thinking you want to claim from the time you returned until the day before you start work.

If you get the 80 day disqualification, then you should appeal.
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Old 11-01-2018, 06:27 PM
 
6 posts, read 5,628 times
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Update:

I did not subit the requested forms or documents. I then received a letter saying “notice of determination: no unemployment insurance benefits will be paid to you for the period: beginning [week i tried to file abroad] and until the reason for you ineligibility no longer exists... determination: you are no eligible for benefits under sectioj 596.4 of yhe unemployment insurance law because you failed yo report as require...reason: we have information on file indicating that you were out of the country. You did not complete out of country wuestionaire. You have not provided cooies of your complete passport and flight itinerary as requested. Therefore you cannot be considered eligible for benefits until you have provided the requested documents.”

So if im reading this correctly this is an indefinate suspension of benefits until i sent them the docs, right? Is there any grounds to challenege this? Should i just send them in.

Ive actually begun working now so i dont currently need the benefits and cant even exhuast any potential penalty time so is it worth sending them in?

Also note, i certified for the week i was back before my new job and they said they had applied my self-reported inneligabke days but i was never paid, assuminly because of the suspension.
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Old 11-01-2018, 07:42 PM
 
14,500 posts, read 31,193,862 times
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Did you get penalty days?

What do you want to do? You can appeal. They can't legitimately deny you for the reason stated. Not everyone has a passport, an itinerary, and they didn't prove that YOU did it. They only know that someone tried from an IP address that didn't match their table, but that doesn't mean anything.
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Old 11-11-2018, 11:52 PM
 
6 posts, read 5,628 times
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They didnt assign penalty days, it just seems like an indefinite suspension for now until i answer them.

Since im working now it doesnt necissarily seem
Worth it to appeal right now since any penalty would be applie when im unemployed again anayway.
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