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Pross001

Member
What is the name of your state (only U.S. law)? Florida

Hello

I have posted a couple of times on this forum and now I have a new question. I'm trying to get put back into the unemployment system. I submitted the paperwork on September 26 and I received the confirmation number, and as of today, they still have not finished putting me back into the system. Do I have any recourse to find out why this is taking so long? Can I request anything?

thank you
 


cbg

I'm a Northern Girl
No and no.

In my state, a perfectly clean claim where everything is submitted perfectly the first time, where there is no possible question of the employee's eligibility and where the employer is not contesting benefits, it will STILL take 3-4 weeks before the employee gets their first check. There is lag time involved and that is perfectly normal. I know it's nervewracking when you don't have any money coming in but it takes as long as it takes, and what you have indicated is not outside normal processing time for a new claim. Relax.
 

Pross001

Member
Earlier this week, they told me if it doesn't go through by the 23rd, she told me that I told request something. But, I forgot to write down what it was.
 

eerelations

Senior Member
Ummm...it's only the 19th. If it doesn't go through by the 23rd, you'll just have to ask "her" again what to do.
 

commentator

Senior Member
Be sure that you are making your certifications for each week that passes as you were instructed to do. You do not wait to begin doing this. Usually when the claim is worked, and you are approved, you are back paid for the weeks you have filed for. Was this a brand new claim, or a re-open on an old claim? If it was a new claim, the first one you had filed in over a year, there would be a waiting week involved too.

In the case of a clean claim, with a lack of work lay off, or a simple re-open, we always told people that two weeks and a half to three weeks was about how long it should take, perhaps longer at busy times of the year. Lately, all times are busy because of the enormous work load and the enormous number of new claims in the unemployment system in most states.

A simple re open of an existing claim even with no issues was sometimes two or three weeks before it was actually processed and you began receiving a check after every time you certified for a week. . Then if there are other issues, like if your last covered employer protests the claim, you're definitely waiting six to eight weeks.

But at the opposite extreme, and it doesn't sound like you're there, and that's a good thing, sometimes people would wait and wait and wait and never call the system back and never do anything but assume that they weren't approved. Sometimes things do get totally lost in the system. It is your responsibility to keep a reasonable eye on it and do what is necessary to keep them aware of your particular claim.

Keep checking with them. They are the only ones who can see what is going on and what you will need to do if your claim has not cleared by the 23rd.
 

Pross001

Member
Well, on the 26th I requested a priority adjudication action, since I was now within my rights to do so, taking the time frame into context. And, still now no news.Is there any actually cutoff date that exists that would end this problem?
 

cbg

I'm a Northern Girl
No. There is no bright line by which they are in violation of the law if they have not processed your claim. It takes as long as it takes and how long it takes it depends on what the workload is with regards to their staffing.

By all means keep following up with them to make sure that nothing falls through the cracks. But if you're looking for a definite; It MUST be processed within x time, there isn't one.
 

Pross001

Member
Today's update: Over 7 weeks and they still haven't released my funds. The agency's operate/representative still claims there is no problem
 

commentator

Senior Member
Okay, what happened to the other post, where I told you about the break in the claim?

Did you call and ask that they tell you whether there was a break in the claim, and if this has been dealt with? Did you talk to someone in the ajudication system about why there was no pay, now that a decision has been rendered, and you have solved the issue of the break in your claim? I am again asking about whether there was a problem due to that one week you worked before you had your hearing.

If nothing has happened by the 23rd, what did they say you could file for or do? By my understanding of what has happened, what is going on, you should be able to talk to someone about the process. Don't try to just use the check in look at your claim status screen.

Actually six or seven weeks is not excessive for what all you have described as having happened. As I said, your first week of filing, after you had actually filed the claim, was a waiting week, for which you were not due to be paid. You filed your first certification after this week passed. Then as you said you were paid for one week, that would've been the second week after you had certified for the week. Then came the break in your claim, right? The week you actually worked. Then came the denial of your benefits, the initial decision based on the original separation, right? You appealed this decision, right? Some time passed.Then came the hearing, right? Where both you and the employer were present, and gave testimony and they found in your favor. And you later looked at the system or received a letter stating that your claim has now been approved. And you've been filing for weeks as they pass. And the system has been accepting your weeks as they pass. And you still have not received any more checks other than that first week's check, and it has now been seven weeks.

Please update me on these other things. I believe there's a glitch in the process somewhere. Has it been seven weeks since you first filed the claim? It certainly hasn't been seven weeks since your appeals hearing. Give us a time frame and we can tell more. I am searching for a number of the U.I. tech support system in FL where you should be able to talk to someone who can tell you what is what.

Honestly the u.i. system in Florida has been under federal saction for the last little while, they have managed to make the unemployment system in that state notoriously unfriendly to users, and has kept thousands of people off the program in violation of federal law due to adding lots of excessive and inappropriate things, like the mandate to fill out literacy skills tests on line, and to huge comprehensive unbelievably complicated job search requirements. They think they're catering to the employers of the state. Which they certainly are.

But you just have to keep plugging at it until you get the benefits. And there's really no law that says they have to give them to you in a timely manner....well, there is, but it is federal, and Florida's already being sued about that issue now anyway. Though the name of the system has changed, and they've really butchered it, there are probably a few good people working there who still know how it works and can help you. The amount of time you describe doesn't sound unreasonable yet to me.

You may want to check out the National Employment Law commission to see about the class action they're contemplating against Florida. But meantime, your case is individual, and you've got to get the issues cleared up and your own case fixed.
 
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Pross001

Member
I don't believe I asked if there was a break in the claim. Obviously, after I got into the system, initially, I then took a job with an unstable company by accident. At first they seemed like a stable company with a professional website, and the company was well acclaimed in various newspapers, then after a week I realized they weren't stable and they let me go. That was when I tried to get back into the unemployment system and now we are at this point. Since then, I have put more work into trying to avoid applying at potently unstable companies so as to not get into these dilemmas again.

When I have spoken to the agency's representatives I sometimes get different stories. One representative said that the hearing would affect the process of getting back into the system, and another said that it does not affect that process. I could try to ask if I could speak to someone from the adjudication part of the system. When I have called before, I was never given that option. I'm under the assumption that when I have asked for these priority adjudication requests that in itself was a way of getting my message across to that part of the agency.

They never said there was a denial of my benefits due to the challenge from my original employer. They just said that the benefits were being challenged and I had to attend the hearing to defend my case. When I stopped receiving benefits was when I reported to the agency that I took that job. When claiming weeks, their system asked me if I accepted a job, and I replied that I did. Then it didn't ask me to claim anymore weeks. The next day, I called their representative and ask if I should claim anymore more weeks, "They said no," since I got a job. Then after I lost that job, I resubmitted my claim by going through their website, as instructed, by essentially refiling out the paperwork and updating the information since I had gotten fired from the new job. I originally took a test called the Skills test which tested me in math and reading comprehension and etc. When I got fired again I asked the agency representative if I had to take that test again, and they said "no."

At this point it has been a little over 7 weeks since I resubmitted my paperwork to this agency after I was fired from the latest job.

Since, Rick Scott was elected he has thinned out the bureaucracy of Florida which has made many government agencies very slow. I have talked to some small business owners and they have actually said that since these agencies are so slow that these small businesses actually face a variety of fines from the state of Florida since so many random agencies are working so slow to get various types of paperwork done.

As of today, i have called them twice, and they don't even put me hold. The message just says to call back later, and they hang up on me.
 

Pross001

Member
I spoke to someone at the US department of labor, and I gave them my information. I assume they are now documenting this. But, they didn't give me account number. But, they said they would call me back.

I got the phone number from this site http://www.dol.gov/dol/contact/contact-phone-topics.htm
 

commentator

Senior Member
Okay, thanks for the update. When you originally posted your questions about the appeals hearing, I didn't understand that it was from the week long job, not from another job that you'd already been laid off from. That is true, isn't it? You were approved for benefits, and then had this episode of work, and the hearing was related to it, right?

So now, let me see. You were laid off, cleanly, got approved for benefits, in the system, did your literacy test, registered for work, began their activities, all that, had a waiting week, and then one week for which you were paid. Then you took the job with the bad company(unstable) You were fired after one week, right? And then at that point, you resubmitted your paperwork. Usually if FL is like it used to be, submitting a "dirty" claim, like where you were fired via the internet is much slower than filing it by telephone. But either way, when you were in the hearing, was it your second employer that you were presenting evidence about, were they the other party, the "unstable" company you accepted the job with?

If so, that's better, because you're getting closer to the point of getting this settled once the issue on that second separation is established. Once you have accepted a job and worked there even for forty seconds, that becomes your separating employer, and whether or not you get to draw unemployment benefits is based on the decision that you had a valid reason to quit or they show they had a valid misconduct reason to fire you.

Have you gotten anything by mail saying that you were approved after the hearing, or did you just look and see that on the screen? Was there paperwork that told you that you were having a hearing? If so, look very carefully at it. There is usually a number for you to call back and work with the adjudication system to set up this hearing.Even if it just tells you time and place, there should be a number somewhere on it.

I notice that they've worked very hard to make themselves inaccessible in Florida, the websites are not helpful at all, but I'm still looking. U.I. technical support or U.I. adjudication unit would be much better people to talk to about your specific claim, as there is very little help in the automated system, or in the telephone claim filing system. They will pretty much tell you they are only there to take claims, not really to answer questions about claims or give out information. If you do need to talk to them, call very early in the morning. Try as soon after 7:00am as possible. Not on Mondays, later through the week.

I am not really clear which employer you asked for a speeded up adjudication from, assume now that it was your second job, the week long one? Sadly, sometimes asking for this does nothing but remove you out of the queue, may actually take longer to do, as "priority mail" sometimes takes longer to deliver than regular mail.

I read with horror and fascination what the guys gone rampant in the Florida legislature are doing, as TN is right on their coattails. But I passionately agree with a commentator who said that once you start trying to change the basics of a program, you are one step from trying to get rid of it totally. And unemployment insurance is something that I have always believed in passionately, once I saw what study after study has proved, that to give a person a slight cushion to help them get through the shock and disorientation of unemployment, especially brought about by something they could not in any way control, puts money back into the system very effectively and helps people tremendously. And it does not come out of the taxpayers'
pockets and is not only for the indigent. Makes me want to holler!!!
 

Pross001

Member
Actually, today I finally got through on the phone, it took most of the day. Now, they have mentioned that they are still investigating why I was fired from the last job. But, they have no updates except they state that that one job does not respond to the messages that are sent to them. However, I was told a few weeks ago that if they don't respond then they normally just go ahead with the claim, which does not seem to be happening.
 

commentator

Senior Member
Okay, good, glad you have at least gotten through. But your first separation is done, you're approved on it, right? It's that second one they're still jacking with. And yes, eventually if they (the employer) doesn't respond, they'll eventually go on and make the decision without their input. That's not really a guarantee that you'll be approved. Like for example if you quit without a very very good reason, or you were fired because you spit on the head honcho or firebombed the building. But it usually helps if its just your side of the story.

They are under a federal mandate to get the claim decision made timely, they are evaluated by the feds about timely payment of benefits, timely decisions. And guess where FL is rated in that category right now? DEAD LAST in the whole United States and territories. While in the meantime, Rick Scott is bragging that the reason the number of people on unemployment roles has dropped in Florida is because the economy is improving. It is a flat lie, it is because the people can't get approved for benefits, can't get decisions, can't get things done in Florida and there is a federal lawsuit coming against the state soon, I have no doubt.

But also, I must tell you, they're taking about this long for everything, you don't seem to be the exception, you're about the standard they're meeting right now. Be sure to keep making those weekly certifications, keep jumping through all the hoops they require of you, and even if you've found another job, you will eventually (if approved) get back paid for all these endless weeks since you refiled and reopened your claim. Even if you've gone back to work by then and already have another job, as long as you're getting these on file, and you are eventually approved for the second separation as well as the first one, then you'll get the money. $275 a week, minus taxes, but it's better than a sharp stick in the eye. Persist, don't stop calling and asking and checking.

Later note, wow, I can't believe they've cut the max weeks of claims benefits in FL I now realize. Sorry! Not to mention making the call system totally inaccessible so that there is no other option but to file on line. It is SO amazing to me. Poor claimants.

I have a couple of numbers that used to work in Florida....877)846-8770 ext 5877 or ext 5293. These were good a few years ago, maybe someone is still there in tech support....Most everyone who used to be a contact there has run for the hills. I also think you can complain to
(850)245-7137 or (850)245-7116. Also you may want to contact your state representatives or state senators with a letter of complaint, sometimes they can help with a jumble in state services, though in FL today, they may say "Nayyh-na-na nah!"
 
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Pross001

Member
ok, I called today and they said it's done and I should see the deposit in my account by Monday. I'll probably update this thread when I see the deposit.

At this point, I feel safe enough say thank you!!!!
 

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