Part Time Penalty/BYE/Update

First topic message reminder :

http://www.nelp.org/page/-/UI/2010/Final%20EUC%20Fix%20QA.pdf

The above link is the part time penalty fix defined.


If anyone has been a victim of the part penalty prior to July 2010 "fix" this F.Y.I. is good news!

I was a victim of the part time penalty, 2-weeks into EUC Tier 2 my BYE ended,my benefits were slashed for working a part time job while supplementing benefits.
Rather then continue on EUC, I was forced to take a new claim at the lower rate.
When the law changed in July it really did fix this problem for many. Others like myself remained at the lower rate on a new claim for 26 weeks.

The 26 week claim has now expired and because of having an existing EUC claim still open from my original claim (2-weeks into EUC Tier 2) my original Rate has now been re-established. This is an odd circumstance but make sure your state is aware.

Now if your BYE ends at least you don't have to worry about being reduced. I know this may be hard for some to follow, I was a member of the UF forum working hard on the part time penalty fix and my efforts now have come full circle.
Feel free to ask any questions on this subject I am more than happy to help.
Great job on this new site from many of my UFriends forum 1.0 !

Went thru the hearing process today, I sincerly doubt that they will rule in my favor. I would love it if they did!

The whole broken system which was fixed will probably remain broken unless someone on the federal level really steps up to view reality.

well I'm screwed just as I thought, the part time fix hasn't really been eliminated and it is and will punish people who work. The system sucks the law has been misinterpeted and that is all.

COLLECTING !!! DON'T WORK AT ALL YOU WILL BE FINACIALLY SCREWED FOR 100$ PER WEEK IN THE LONG RUN.

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Hi Jerkyspace,

Yesterday I found your blog and found that we are in the same situation. Yesterday I received notice from EDD of my new benefit weekly amount that reflects the part time temporary and it shows I will only receive $81 per week, when I was used to receiving $305 per week from the original job or parent claim. Do you think I still have a chance and tell EDD rep that there is a Deferred New Claim program or the HR4213 that should allow me to stay on my parent claim? What advice can you give me. I have no idea how I am going to continue living with $81 per week with me and my 3 young kids. I am so depressed at this situation, I was only trying to do the right thing to take a part-time job and now I am being penalized for doing so.

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Just wanted to thank jerkyspace for all the great info. After going through all this myself, I concur. I also received the runaround trying to appeal. Was promised a form that never arrived, etc. After searching the net for any indication that an appeal --even if I could get one-- would stand a chance, I gave up. As my new lowered benefit is less than what I am currently earning from my part-time job, no more assistance for me.

I also wanted to point out that the recent money EDD received from the feds makes the whole situation worse. Before, EDD had to wait one quarter before filing these lowered benefit awards, according to their benefit year formula. CA received the new fed funds after "updating" their systems, which allowed them to redefine this formula.

Now, EDD will automatically examine earnings at the end of every quarter. So anyone who worked part-time/temporarily during April, May and/or June may receive a lowered claim notice in the next few days.

Personally, I've had to do some soul-searching as to what battles I'm able to take on while struggling to survive day by day. I do what I can. I have great respect for those who are able to do more. Heartfelt thanks.

Hi Jerkyspace,

I am definately going to follow your advice. I already sent out email contacts so I can get responses in writing; should I need to proceed to an appeal, which looks definate. In addition, I also think the news media needs to hear about this, perhaps a warning to others. As for those already who thought were doing the right thing, think again. Obviously word is going to get around and no way is anyone going to take a part-time and loose their original claim benefit. It's a TRAP EDD has set up. This battle is not over for me.

Just heard from Senator Merkley's office here in Oregon, looking forward to an interesting conversation tomarrow about HR 4213 so called part time fix.

Im sure you'll certainly have your insight and thoughts well prepared as candidly and firmly as possible. Keep us all informed on this battle.

mj33 wrote:Im sure you'll certainly have your insight and thoughts well prepared as candidly and firmly as possible. Keep us all informed on this battle.

The woman turned out to be nothing but a mouth piece. She basically said that they followed the law,duh! that's why I contacted a lawmaker. I explained to her that she needs to inform her boss that there are flaws in the law. She kept going back to the july 2010 date. When I explained that I was reduced on my 2nd bye which date was May 2011 she really didn't have any explaination. After you take a claim and do 26 weeks, if EUC is available it should be used 1st reguardless of any EUC untouchable balance on the so-called parent claim.

If your benefit year ending date occurred before July 22, 2010 and you have been moved to a new claim at a lower benefit rate, you must first complete the regular state benefits on the new claim (this amount of time can be between 13 and 26 weeks). Once you have completed regular state benefits on the second claim, you will then be permitted to collect any balance of
EUC benefits remaining on your prior claim (at the higher benefit rate).

The problem here it never anticipates a "3rd" BYE.

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Are some states actually ignoring the BYE? Because the way these examples are worded it seems so. Do we have anybody out there who is actually collecting parent EUC on a 3rd BYE ?
Please chime in if you are !

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OK, I didn't mean ignoring the BYE, but using the law as intended w/o saying sorry even if your second BYE came after JULY 22,2010.

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To Jerkyspace:

Thank you for your explanations above. I am not certain that I’m understanding this, tho, so I am hoping you could answer some questions. I’m a 99’er in California.

To be specific:
 I filed for the initial state claim in March, 2008, and got the maximum weekly amount, $450.
 I worked occasionally and eventually started the First Tier in December, 2009.
 I then had to refile a claim in March, 2010, and was given a new state claim of $112 a week, a huge loss.
 I continued to get the $450 a week, tho, possibly due to a computer glitch – briefly, EDD eventually discovered this, said I should get the $112, but I continued to get the $450 until I'd gone thru all the Tiers.

I began the Extended Benefits in January 2011, and started getting only the $112 a week. At this point I was avoiding any contact w/ EDD, so didn’t call.

Finally, in March, 2011, EDD started me on a new claim, unexpectedly, for slightly more money.

So, I don’t understand:
 Was I supposed to go thru 26 weeks on the new state claim of $112, then finish the EUB on the original claim?
 Are the extended benefits following on the initial claim or the new claim? Should it be $450 or $112 a week?
 Was I supposed to be put on a new claim in March, 2011?

At this point, I'm afraid EDD will come after to me for the money I've received already, if I contact them for any reason. I will contact my Assemblymember, tho, if I can get clear on what to do.

I appreciate any advice you may have.

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Thank you so much for getting back in so much detail. I'll have to go over this carefully. I think you're saying what I expected, tho, that I may have had to take the $112 claim first, then return to the EUB Tiers. As things stand, I think I'll leave that alone.

And of course I spoke to people at EDD several times thruout this process, and was told variously that I should get the $112 or that I should be getting the $450. The lesson i got from all this was, whatever you do, don't call EDD.

I still have the question re the FedEd benefits -- following the Tiers. That's when I went to the $112 -- is this FedEd supposed to be the same as the Tiers or would it go back to the most recent claim?

It may be hypothetical at this point, but I'm curious.

"...and/or did they re-calculate your EUC determination/entitlement/parent year to the 2010 $112 claim??"

Yes, for the Fed-Ed, it appears that they recalculated the entitlement based on the 2010 $112 claim.

"You also have the EDD arguments (SoCalAaron case) regarding the right to have canceled that March 2010 claim back then but did not due to lack of EDD notification (no Notice of Determination and explanation of options then right?). That is one of my options as well. "

No, they definitely didn't tell me that I had a choice on refiling a claim in March, 2010.

"BUT, due to the current EDD application of law you get the Penalty again at the next 2011 BYE date from the $112 regular claim because like me and almost everyone else you have a "Parent Year" for your EUC Claim LOCKED to the INITIAL YEAR you first started collecting EUC (2009 for you right?)."

This is what I don't understand.

And incidentally, I too was trying to get back into the workplace by taking temp jobs, and this was the outcome -- a severe penalty for having worked.