Exhausted my 26 weeks and now on Tier 1 from OLD 2008 claim?

I posted this under a different section and now figured I would do it here since it seems more pertinent.

I had just exhausted my regular 26-week claim of which I had benefits of $365/week. I had been working on and off so that 26-week claim actually lasted me quite a bit. I was about to start my first extension (Tier 1) when suddenly EDD tells me that my benefits would not be $365/week, but rather a mere $104/week. They cited that it was due to me continuing my extension all the way from 2008, instead of using the last open claim that just got exhausted. I only have $700 until I exhaust this old 2008 extension. But then if I hit Tier 2, Tier 3, etc it would all still be the much-lower $104/week.

My question is simple: Is there anything that I can do to fight their decision on putting me on an extension from more than 3 years ago? I find it outrageous and clearly I have worked more since that year/that claim. They said my only option is to wait until April until I can start a new claim. That is 5 months away and to be honest, I was barely getting by as is. Now that my benefits would be more than 3x less, I do not see how I could reasonably survive.

Any advice? Is this common? I read a few other horror stories on here so I am curious if there is a solution other than hoping to survive 5 months on benefits 3x less than my last claim (most current employers).

Thanks in advance!

Have you consulted with an Unemployment Lawyer in your state? They know the laws better then anyone else in your state. A consultation fee does not cost too much.

I guess I'll have to do just that. I figured maybe people knew what the deal was or were in a similar boat as me.

stuck, please see the request on the scroll to the left. Janell Ross @Huffington Post wants your story. She is looking for members who still collected benefits and how the looming expiration of benefits will hurt them.

I am so sorry for your troubles with this mess of unemployment and the new laws that went into place covering benefits. You are in CA so you are one of the hardest his by this. Please, do contact a lawyer and if you decide to contact Janell, please tell her about this as well. The games and the unfairness directed at the unemployed needs to be exposed.

"I had just exhausted my regular 26-week claim of which I had benefits of $365/week. I had been working on and off so that 26-week claim actually lasted me quite a bit. I was about to start my first extension (Tier 1) when suddenly EDD tells me that my benefits would not be $365/week, but rather a mere $104/week. They cited that it was due to me continuing my extension all the way from 2008, instead of using the last open claim that just got exhausted."
----------------------------------------------------------------------------------
Sounds like more violations from EDD. Sorry to hear about your troubles. I have been there trust me. Here's the latter part of my saga to present day:
http://www.unemployed-friends2.org/t656p75-part-time-penalty-bye-update#48217
-----------------------------------------------------------------------------------
According to the Code of Federal Regulations (see post/link above):
§ 615.5 Definition of “exhaustee.” (you were an EUC exhaustee while you were receiving funds on that old 2008 claim)
...
(2) An individual who becomes an exhaustee as defined above shall cease to be an exhaustee commencing with the first week that the individual becomes eligible for regular compensation under any State law or 5 U.S.C. chapter 85, or has any right to unemployment compensation as provided in paragraph (a)(1)(v) of this section, or has received or is seeking unemployment compensation as provided in paragraph (a)(1)(vi) of this section. The individual's Extended Benefit Account shall be terminated upon the occurrence of any such week, and the individual shall have no further right to any balance in that Extended Benefit Account.
-----------------------------------------------------------------------------------

If you became eligible for 26 weeks of Regular Compensation, now 2010-2011 52 Week Benefit Year, then EDD SHOULD have followed the above rule, and TERMINATED your previous EUC Account from 2008, that they seem to now be sticking you with, from the past, thereby causing this penalty. Any current EUC for you should be based upon the Applicable Benefit Year (C.F.R. § 615.2 (2)), which is the MOST RECENT 52 week benefit year that your "entitlement" is determined/paid with respect to. That would seem to be the $325 WBA regular Ui claim you just spent 26 weeks on.

Public Law 111-205 Section 3(g), which amends Public Law 110-252, uses this Applicable Benefit Year (the BYE of your most recent regular ui claim), to determine whether or not you have to suffer the part time penalty, which would reduce your higher EUC weekly benefit amount by more than 25% or $100. This is the so-called "EUC Fix", which you should have benefited from, but did not.

Despite the law, it seems EDD has violated your rights, as they already have and continue to do to thousands. I won an important appeal on this issue (part time penalty at 52 week benefit year based on an older EUC "parent" claim). EDD is not happy and looking to fight this issue instead of correct the problem. They show no legal basis for this, because "my boss told me so", "that's what the manual says", or "Uncle Bob from ETA at the Department of Labor told me so", do not constitute a solid defense in any court of law.

I am fighting back, with actual facts, and you should too. You can try to contact ASK EDD and after going through my posts at the link above you will find my appeal. You will likely get a very cold response. Do not bother calling if you value your sanity. Feel free to use that research for your appeal, just cut and paste your own info in to my appeal, that won on this issue, and attach the documents I refer to. It is more or less the same issue: EDD is using the wrong benefit year(s) when making EUC determinations. Period. My case proves this backed up by the CUIAB judges, as does the case in NJ/PA I researched. All the documents that I discovered online back these decisions up.

I am hoping to force a fix for everyone, based off my legal victory. But it looks like EDD will be fighting this. I will fight back. If you are forced to appeal, contact an attorney or not, hang in there, keep track of everything (save ALL communications and responses),demand your right to Benefits Pending Appeal, use my evidence and research and cite the court cases that back up the correct implementation.

Good luck.
I will update (everyone) if anything changes, as far as EDD being forced to fix this without having thousands and thousands of unnecessary individual appeals flood the CUIAB.

jerkyspace, I am glad you posted. Please contact Janell Ross at the Huffington Post, tell her your story, let people really see just how difficult it is to collect YOUR benefits and the games that are played.

Sorry again, for what you are going through. Make it known. Huff Post is a very well read publication.

I have been sending a steady stream of info to the press, Huffington Post included and I specifically updated Janell Ross recently after my appeal victory. I am mystified as to why not one single member of the "press" have acted on this. Not one. In over six months. This is a huge story that nobody wants to cover (or are they allowed to?).

Maybe when I finally force EDD to provide me with a specific number of victims, which I fear will be very high, then they will realize they have the entire story, most of the facts and evidence, waiting to be edited and printed, sitting on this wonderful website, that has helped us all band together against this injustice and many others.

This is just the kind of story I used to love watching on 60 minutes when I was a kid, the bad guys getting their hands caught in the cookie jar, for all to see. Somebody needs to get this story out...

jerkyspace wrote:
----------------------------------------------------------------------------------
Sounds like more violations from EDD. Sorry to hear about your troubles. I have been there trust me. Here's the latter part of my saga to present day:
http://www.unemployed-friends2.org/t656p75-part-time-penalty-bye-update#48217
-----------------------------------------------------------------------------------
According to the Code of Federal Regulations (see post/link above):
§ 615.5 Definition of “exhaustee.” (you were an EUC exhaustee while you were receiving funds on that old 2008 claim)
...
(2) An individual who becomes an exhaustee as defined above shall cease to be an exhaustee commencing with the first week that the individual becomes eligible for regular compensation under any State law or 5 U.S.C. chapter 85, or has any right to unemployment compensation as provided in paragraph (a)(1)(v) of this section, or has received or is seeking unemployment compensation as provided in paragraph (a)(1)(vi) of this section. The individual's Extended Benefit Account shall be terminated upon the occurrence of any such week, and the individual shall have no further right to any balance in that Extended Benefit Account.
-----------------------------------------------------------------------------------

If you became eligible for 26 weeks of Regular Compensation, now 2010-2011 52 Week Benefit Year, then EDD SHOULD have followed the above rule, and TERMINATED your previous EUC Account from 2008, that they seem to now be sticking you with, from the past, thereby causing this penalty. Any current EUC for you should be based upon the Applicable Benefit Year (C.F.R. § 615.2 (2)), which is the MOST RECENT 52 week benefit year that your "entitlement" is determined/paid with respect to. That would seem to be the $325 WBA regular Ui claim you just spent 26 weeks on.

This is precisely what I thought! Thank you. It makes perfect legal sense to cancel out any older claims if you become eligible for a brand new 26-week claim (because you worked more or for different employers). I am willing to bet if the amount on my older claim had been more weekly, they would have gladly given me the extension based on my newer claim. hah

I understand the economy is poor and there are a lot of people applying and not a lot of funding to go around. But that does not excuse them for blatantly ripping people off that are entitled to the additional allotted federal funds.

I will write in and I will raise my concerns. EDD's tactic seems to pray on the ignorance of their beneficiaries it seems.

jerkyspace I am glad you contacted her.

I too sent in my information to Ms. Ross. Thanks for the heads up, MaryKay!

I just hope somebody gets this story out...I'm getting real tired of fighting on my own...

+Those crooks at EDD just dealt me a minor blow:
I have gotten back $2900+ so far due to my appeal victory, still without a full explanation nor details of all the payments, and since then (two weeks+), they have failed to send me the next claim form for the present day. I'm not exactly partying it up, nearly all the money went to back rent and bills just to keep my head above water (barely).

As you saw in the other thread, EDD replied to my victory with denial and a threat to try to take my just won EUC funds back in a higher court. At the same exact time EDD "mistakenly" forgets to send me the next claim form, leaving me with a three week gap in income, and no idea when or if it will come after the holiday...happy thanksgiving from EDD to me!

Suspicious?

Some authority should take action, but none are. The Department of Labor OIG and State Audit investigation(s), that I have started have produced no response nor change in this illegal implementation. Our alleged representatives only represent themselves. I am trying to report Recovery Act Fraud that nobody wants to hear about, and as the whistle blower I should not have to suffer any retaliation. But here I am, $900 short thanks to EDD...it is no coincidence...its payback for me beating them.