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Unemployment re-earnings requirement

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unemployed11

Junior Member
What is the name of your state (only U.S. law)? TENNESSEE
I have 2 questions if you can help.
I've been denied the Federal extension of 20 weeks because of the re-earnings requirement. Can someone please explain this requirement to me? I do not understand it. It states that I must have earned 5x my weekly benefit during the first 52 weeks of unemployment. However, I have been unable to find even a temp job, seriously. If I could have worked, I would have. (I'm overqualified, so I change my resume; then I'm underqualified and there are hundreds of applicants so I have yet to get lucky). I cannot be the only one trying to get something to meet this requirement. My frustration lies in the fact that "If I could have worked for 5x the pay, I would have! Isn't that the point of unemployment?" Am I the only one who thinks this doesn't make sense?

I've been thinking of writing to the Dept of Labor & Workforce Development and ask that they Amend this 50-7-302 statute during this period of the worst unemployment in 25 yrs. in the state of TN. Lots of things have been amended as I read the legal proceedings on the net.

Do you have any advice on Appealing this decision so I have access to Obama's extension? I may soon be homeless and I have paid taxes all of my life. Not looking for a handout but seriously need an income.
Thank you for your effort in assisting me.What is the name of your state (only U.S. law)? TennesseeWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


commentator

Senior Member
In a word. No. It won't do any good to argue that you should have been granted the new claim without re-earnings. What has happened is that you had been drawing a regular claim, max 26 weeks, and then a federal extension. The Benefit Year End on the original claim came up. You had to re-apply for the new claim if there was one to be set up. In your case, there was, but because you did not have re-earnings of 5x the weekly amount, you did not have access to the new claim.

It will be there for one year from filing. Any time you work and make the re-earnings, and then are laid off, you can get started on the new claim.

Now, you were drawing an extension when the BYEnded and you had to file the new claim. If you had any more weeks left on the extension, you are going to be able to continue to draw them. If you didn't have any more weeks left, did you ask if there was another extension? Are you continuing to certify? Re-read your material. While it will say you did not qualify for the new claim because of re-earnings, it does NOT say you do not qualify for an extension for this reason.

As it is right now, all the federal extensions in every state will expire at the end of Feb, 2010. But until then, you very well may have more weeks of extension to draw. THIS HAS NOTHING TO DO WITH RE-EARNINGS. What you were trying to draw with re earnings was a new regular claim. Since you haven't worked since your original lay off, no dice. That's the law, that's the way it is set up, no appeals, no changing this.

Unemployment is not needs based. You do not have to be poor to get it, you do not get it based on how bad you need it, and they are not going to change the law because you are in bad financial shape right now.

Did you try to get a part time job during the Christmas holiday season? This is a classic good place to obtain re-earnings. Working for a temp service is also a good place for this, because your assignment ends, and you have the re-earnings at that point. But the thing about unemployment is that eventually, no matter how bad things are, it will always end when you have drawn all you can personally get from the insurance system it is. Then you have no recourse if you cannot find some other job except Food Stamps and Medicaid and the needs based assistance programs.
 
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