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  1. #1
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    Mar 2012
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    Default Re: Spouse Relocating Can I Collect Unemployment from Ma

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    What I would do, as soon as you get to Florida and have an address, file a claim for unemployment.
    Why? He can just as easily file in MA through the internet. While MA may be slow, FL's adminstration of a claim leaves a lot to be desired.

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    You always file in the state you are going to live in.
    Why? There is no legal requirement to do so. I tell people to file the claim in the state with the more forgiving UI system as in forum shop. I've had people get some very pleasant surprises.

    Even based on what you're telling him to do, it makes even more sense to file in MA. If he's successful at getting a temp job in FL with a qualifying separation to purge any disqualification, he'll be able to draw his 30 weeks of MA benefits, and THEN when that runs out, he'll be able to use his MA lag earnings plus the FL earnings to get a 2nd back-to-back claim even though the FL claim will pale in comparison.

  2. #2
    Join Date
    Jan 2015
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    Default Re: Spouse Relocating Can I Collect Unemployment from Ma

    Yes, one can just as easily file in one state as another. I tell them to file in the state they are planning to live in because then you have no complications about changing addresses or reporting for work searches and call ins, as most people are required to do.
    If this person files in MA on line, using his MA address, there will be an address change quickly, and that will take time and be an issue. If he tried to file it in Massachusetts and use his FL address, it will be delayed as they pick up on this, and he will have complications due to work registration requirements and profiling requirements, as he will already have been instructed to report and begin his work search in Massachusetts. They'll have to change his address, change his local office and verify that he has registered for work in the new state.

    Every state has an interstate unit that connects back and forth with other states. Usually these systems are more efficient than the run of the mill state claims systems, as the people who work in them are more specialized, less likely to be new employees.

    This person could not set up a Massachusetts claim, with only Massachusetts wages in Florida and have it adjudicated by Florida law even if he files on the Florida website. There is no good in filing in a state where you think they are "most forgiving" as you cannot be adjudicated by the laws of the state you are filing in if you are not setting up a claim in that state's system.

    Each state system has an appeals system that connects with the other states He will get a decision from Massachusetts, made by a MA adjudicator, using MA law even if he files in Florida.

    Where he files the original claim has nothing to do with whether or not he gets to draw a MA claim and then draw another second series claim on combined wages from FL and MA. It's where his wages are coming from, not where he is filing that makes the claim.

  3. #3
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    Mar 2012
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    Default Re: Spouse Relocating Can I Collect Unemployment from Ma

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    Every state has an interstate unit that connects back and forth with other states. Usually these systems are more efficient than the run of the mill state claims systems, as the people who work in them are more specialized, less likely to be new employees.
    There's still bad employees working in those units too. Had a claimant that lived in TX and worked in a small TX satellite office of a LA employer. The TWC employees really pressured the claimant, "just go file in LA. I can see the wages there. You can have your claim right now." Had the claimant not fought the good fight that required an appeal she'd have been out $200/wk because of the lower LA benefit amount.

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    There is no good in filing in a state where you think they are "most forgiving" as you cannot be adjudicated by the laws of the state you are filing in if you are not setting up a claim in that state's system.
    I could a post link to a real life story, but it would probably get deleted. Was it mistake, maybe, but it was in the claimant's favor and I never heard another word about an overpayment issue.

    While the situations may be rare, they've involved earnings of federal employees that had multiple state addresses available to them, people that had wages from different states in the base period, and employees of companies that didn't necessarily report their taxes to the right state.

    On the flip side, I could post another link to a story of how applying in the wrong state turned into a mess especially when it came to an EUC issue and the claimant had no traction as each state pointed the finger at the other. It was a costly lesson.

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    Where he files the original claim has nothing to do with whether or not he gets to draw a MA claim and then draw another second series claim on combined wages from FL and MA. It's where his wages are coming from, not where he is filing that makes the claim.
    With the threads I've seen from claimants on UI in FL, there is NO way I'd let a FL UI worker touch my claim unless it was the only choice available to me.

  4. #4
    Join Date
    Jan 2015
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    Default Re: Spouse Relocating Can I Collect Unemployment from Ma

    There is a disconnect here. It does NOT matter where you file a claim . No matter where you file it, you draw the wages from the state(s) that collected the employer taxes in the base period quarters. You get THEIR amount, their adjudicators, their laws, their processes, you do NOT get to pick which state to file from based on what you want unless you have a certain situation of multiple employers and enough wages in the state to set up there. Thousands and thousands of people file interstate claims every week. Florida workers are going to have to "touch" your claim if you are going to live in and draw unemployment in Florida, even though it will be a Massachusetts claim. Yes, federal employees are a different issue, and may sometimes actually choose which state their federal wages are assigned to. But they had better have an address to receive claims material in that state, at least to begin with, and be prepared to go in to in person contacts and do their work searches where they've chosen to file.

    People who have federal wages, or multiple states wages in the base period, for example people who travel in the construction trades, they'll often know exactly how it all works,and which state to file in to their advantage, too. I dealt with those issues for thirty four years and have heard more stories than you can imagine. But bringing up all this is complicating something that isn't complicated. This particular person needs to go on and file a claim on line or by phone, somewhere. Even if he files it in Colorado, it will be a Massachusetts claim. If he's going to be living in Florida, they'll get him to the interstate unit, and the interstate unit will coordinate with Florida's interstate unit, regardless.

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