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Old 02-18-2010, 12:04 PM
 
22 posts, read 67,097 times
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Hello, I was receiving unemployment benefits since November. I went online to claim my weekly benefits on Tuesday the 16th and was told that this was my last claim because my funds were depleted and that I would receive a letter regarding an extension. I received that letter, telling me that I am not eligible for an extension because I either didn't work 20 weeks or my or I didn't have earnings greater than 40 times my benefits. I believe that I satisfied both those requirements, am I missing something? I worked for 8 months, which is 32 weeks (March '09-Nov '09), so that should be ok. My weekly salary was $1145.75 and my benefits were $584.00. If I take my salary for 8 months, it is $36,640. That is greater than the amount than I need to qualify, correct? My question is, do these offices usually make mistakes like this, don't they have access to my paystubs and what I paid in taxes? How likely is it that I will get a ruling in my favor, for an extension for 3 months? Thanks for your help.
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Old 02-18-2010, 01:22 PM
 
Location: NJ
1,252 posts, read 3,484,345 times
Reputation: 1023
Default Base period weeks and earnings

Quote:
Originally Posted by espo222 View Post
Hello, I was receiving unemployment benefits since November. I went online to claim my weekly benefits on Tuesday the 16th and was told that this was my last claim because my funds were depleted and that I would receive a letter regarding an extension. I received that letter, telling me that I am not eligible for an extension because I either didn't work 20 weeks or my or I didn't have earnings greater than 40 times my benefits. I believe that I satisfied both those requirements, am I missing something? I worked for 8 months, which is 32 weeks (March '09-Nov '09), so that should be ok. My weekly salary was $1145.75 and my benefits were $584.00. If I take my salary for 8 months, it is $36,640. That is greater than the amount than I need to qualify, correct? My question is, do these offices usually make mistakes like this, don't they have access to my paystubs and what I paid in taxes? How likely is it that I will get a ruling in my favor, for an extension for 3 months? Thanks for your help.
A claim dated November 2009, is based on wages earned from July 1, 2008 to June 30, 2009. This is the base year period.
Your WBR of $584 x 40 = $23,360. Your initial benefit determination will show your base weeks and base earnings.
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Old 02-18-2010, 01:45 PM
 
Location: New Jersey
3,814 posts, read 11,973,430 times
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Quote:
Originally Posted by wannabee View Post
A claim dated November 2009, is based on wages earned from July 1, 2008 to June 30, 2009. This is the base year period.
Your WBR of $584 x 40 = $23,360. Your initial benefit determination will show your base weeks and base earnings.
Just FYI -- wannabee's calculations follow the formula provided on the NJ DOL website: http://lwd.dol.state.nj.us/labor/ui/...edqualify.html

You can check the benefit determination process there, if you wish confirmation.

Last edited by diorgirl; 02-18-2010 at 02:56 PM..
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Old 02-18-2010, 01:54 PM
 
22 posts, read 67,097 times
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So am I not eligible for an extension because I started in march and only worked 16 weeks in the time period, even though I worked ther for 8 months total?
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Old 02-18-2010, 02:04 PM
 
Location: NJ
1,252 posts, read 3,484,345 times
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Quote:
Originally Posted by espo222 View Post
So am I not eligible for an extension because I started in march and only worked 16 weeks in the time period, even though I worked ther for 8 months total?
No, that is not the reason why. The date you started the job you were terminated from does not matter, it's the base year period weeks and earnings that matter. You could have any number of employers during a base year period. Look at the base year period from July 1, 2008 to June 30, 2009.
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Old 02-18-2010, 02:45 PM
 
22 posts, read 67,097 times
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I actually just went to the local office and the woman said that I should dispute it because when I originally claimed the benefits, the people should have used the next quarter instead for some reason. She said that I have a pretty good case.
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Old 02-18-2010, 03:05 PM
 
Location: New Jersey
3,814 posts, read 11,973,430 times
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Quote:
Originally Posted by espo222 View Post
I actually just went to the local office and the woman said that I should dispute it because when I originally claimed the benefits, the people should have used the next quarter instead for some reason. She said that I have a pretty good case.
The rep with whom you spoke was referring to the fact that NJ's UI does have two alternatives for calculating your initial benefits -- and they should have run the additional scenarios before making a determination of your initial benefits:

Quote:
There are two alternate base years (one-year periods) within the last 18 months that we check to qualify you for a claim. You cannot choose which alternate base year or which calendar quarters to use to qualify for a claim. Once your claim becomes valid, that is the base year you must use on your claim. If you still do not qualify for a claim using the first alternate base year, then we check using the second alternate base year.

Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?
The rep was right to advise you to appeal your denial of extended benefits on the basis that UI appears to have chosen the incorrect ("incorrect" meaning "lesser"] base year on which your initial benefits were determined.
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Old 02-18-2010, 03:08 PM
 
22 posts, read 67,097 times
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Thanks. I am writing the appeal letter now and I would like to know if there is any information that I should add in. THe woman told me to make sure that I add in that I am appealing my "monetary determination", but I think that was fairly obvious. I just want to make sure that the people see my point of view. Thanks a lot.
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Old 02-18-2010, 03:22 PM
 
4 posts, read 17,109 times
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hello!

the extension deadline, it is this week. I am a little scared on my situation, and wanted to ask here, since you all seem knowledgeable on the subject.

I am on my initial claim, and have filed no extensions.

I run out of money from this claim at the beginning of march (my claim was august 30th 2009)

The deadline for tier one is this week, February 21st. From what i am reading on the NJ DOL page, it looks like that you must exhaust all benefits before you can file for a Tier One claim. However that all extensions must be filed by February 21st in order to reach the deadline of the 28th.

So from what i am reading, it seems as though I will not be eligable for an extension? I have received no papers or anything in the mail advising anything.

I was hoping for clarification, but i can't find any except one news article where they said that my worst case scenario is correct, and that i won't get an extension. That extensions can only be filed when your initial claim runs out, not before, and must be filed before experation of the program.


from the NJ page:

Due to the February 28, 2010 expiration date of the EUC program, the last week the first EUC Tier 1 claim is February 21, 2010. EUC Tier 1 is 100% federally funded.

Claimants who exhaust their regular UI benefits must have a EUC Tier I claim filed February 21, 2010, or earlier, in order to be eligible for EUC benefits.

it also looks like i wont be getting the FAC (extra $50) even if i do get the main part of my claim extended:
The federal legislation also extended the Federal Additional Compensation (FAC) program from December 31, 2009 through February 28, 2010. Claimants who file for regular UI benefits on February 28, 2010 or later, are not eligible for the additional $25 weekly stimulus payment through the FAC program. For eligible claimants, FAC benefits are payable through September 4, 2010.

anybody have any news on this? not further interpretations, lol, but i mean, anybody 'know' what the deal is? Its funny in a sad way. I have friends that have been on unemployment for a year or more, and i am not going to get any extension at all.
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Old 02-18-2010, 03:22 PM
 
Location: New Jersey
3,814 posts, read 11,973,430 times
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Quote:
Originally Posted by espo222 View Post
Thanks. I am writing the appeal letter now and I would like to know if there is any information that I should add in. THe woman told me to make sure that I add in that I am appealing my "monetary determination", but I think that was fairly obvious. I just want to make sure that the people see my point of view. Thanks a lot.
Don't assume anything is obvious. The decision to grant you an appeal will be based on the information you provide in your letter -- no one will do any further research on your case at that stage.

Just give them the facts -- tell them that you are appealing their determination to deny you extended benefits. You believe that the denial is incorrect because it is based on an error made in the monetary determination of your regular unemployment benefits.

Explain that you believe your regular benefits should have been determined using one of New Jersey's alternative methods. Quote from the NJ DOL website, using your information instead of the example provided there.

To document your statements, attach copies of the written determination of regular benefits that you received for your initial claim and the denial for extended benefits.

Be sure to fax your request for appeal ASAP -- there is a deadline for filing an appeal. Be sure to keep the fax confirmation of their receipt for your records

Good luck!
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