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  1. #1
    Join Date
    Mar 2013
    Posts
    4

    Default If Unemployment is Denied, Do You Appeal or File a New Claim

    My question involves unemployment benefits for the state of: California

    I just received a notice that I was ineligible to receive federal extension (emergency unemployment) benefits because I had not earned in excess of 40 times my weekly benefit or 1.5 times highest quarter for my base period.

    After reading through the handbook again, I think I should have filed using a different base period. I was working part-time at a CA State University and was laid off in September 2010. However, I continued to work on a project-by-project basis until December 2011. I had far fewer hours during 2011 than I did in 2008-2010 and think I should have used September 2010 as my termination date. Is there any way to remediate this?

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,074

    Default Re: Appeal or File a New Claim

    When you called the EDD and asked them this question, what did they say?

  3. #3
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Appeal or File a New Claim

    In CA it is literally impossible to reach the EDD by phone. However, they will respond to email -- eventually. I will try that. My concern is if I am appealing I have to file by March 8.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,074

    Default Re: Appeal or File a New Claim

    There is no downside to appealing. The worst that can happen is that you lose. In which case you are no worse off than if you didn't appeal in the first place.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Appeal or File a New Claim

    The base period is determined by when you file your claim(s), not by your termination date. Did you actually apply in September, 2010, or did you only just file in December, 2011?

  6. #6
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Appeal or File a New Claim

    I actually didn't apply until October 2012 because I didn't know I qualified for benefits.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Appeal or File a New Claim

    It's way too late to do anything about it now. As time went by, all the quarters with wages that would have qualified you for EUC dropped off. There is nothing wrong with the way CA calculated your benefits. The only hope is to comb through your paystubs and pair it up with your monetary deterimination to see if there were any wages that may have been excluded that could have counted.

  8. #8
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Appeal or File a New Claim

    Thank you for your responses. I guess the lesson learned here is apply anyway and let them turn you down.

  9. #9
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Appeal or File a New Claim

    No, the lesson is that you don't wait nearly a year after you've had your hours cut and another year on top of it to file for UI.

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