Unemployment Extensions if Claim is expired

[DawnInWV]

What is the name of your state (only U.S. law)? WV/NJ

My husband and I moved from NJ to WV in May 2007. Then, in February of 2008 he was laid off. He went to file an unemployment claim, and WV mailed us a statement saying that he is eligible to file in either WV or NJ. Since the weekly benefit rate in NJ was higher, we opted to do that. WV sent the claim to NJ, and within a few weeks he was receiving NJ unemployment. The claim ran out and he got an extension. Then the extension ran out in October, and in November the Federal Govt passed another extension. So my husband was eligible and he started collecting on Tier One benefits. NJ's unemployment rate was over 6%, so he was eligible for the Tier Two extension. 2 weeks into this Tier Two extension, NJ said that the claim expired, since the original claim was 2/3/08, and on 2/3/09 it expired. But he has over $4000 still left on that claim, since the government gave NJ money for the Tier Two.

They said a new claim must be filed, with WV, and he has to start over. Is this legal? He was given the Tier Two extension, so why does he have to file a brand new claim and start all over again?What is the name of your state (only U.S. law)?

 

[cbg]

Because any given UI claim only lasts one year. Of course it's legal.

 

[DawnInWV]

So what is the point of extensions? If the extension allows claims later than 2007, then what is the point if, technically, 2007 claims would be expired by now?

 

[ecmst12]

I would guess that the extension means that benefits will be available for you once you file the new claim.

 

[DawnInWV]

But it doesn't work that way. Here are 2 cases in addition to mine that doesn't make any sense.

1 - A man has been out of work since May 2007. Because the extension that was passed allows for anyone who has been unemployed since May 2007, he was able to claim. UI reopened the old claim (from 2007) even though it expired May 2008 (in other words, the benefit year was already done). Now he is collecting UI.

2 - Another man been out of work since 2007. Under the new extension rules, he is eligible. So he called UI, and they told him that since he hasn't had any wages since 2007, he was not eligible. They would not reopen the old claim, and said that since the old claim had expired in 2008, he had to do a new claim. And since he hasn't worked, his new claim was denied.

And of course, we have my husband's situation.

I also personally know a girl who hasn't worked in a few years collecting UI under this new extension. They re-opened her old claim. When my husband asked UI to just re-open his old claim, they said that was impossible.

I'm just posting this because something is not right. He actually has a little over $4000 on his 2008 claim. So NJ got the money from the federal government (since this extension is federally funded) and now they're just keeping it.

If there are any more unemployment lawyers I would love to hear your opinion.

 

[cbg]

Then appeal the decision. But if you are looking for a law that says they cannot end your claim as long as there is still money in the account, there isn't one.

 

[DawnInWV]

Thank you I do plan on appealing. I have done some research about this situation and have discovered that NJ is the only state that is doing this, which I think is unusual.

 

[DawnInWV]

From what I've found out from others, everyone in NJ that qualifies for Tier Two benefits are being cut off because their claim expires. However, in order to qualify for Tier Two, you must have exhausted all previous extensions, which would total the weeks to 59 weeks. Everyone I talked to is being cut off at 52 weeks, so, NJ is screwing people out of their complete Tier Two benefits.

 

[DawnInWV]

Then appeal the decision. But if you are looking for a law that says they cannot end your claim as long as there is still money in the account, there isn't one.

And just to clarify, I'm looking for NJ to give my husband and others the Tier Two benefits they are entitled to. Cutting everyone off during Tier Two benefits doesn't seem right.

 

[cbg]

You do realize, don't you, that they are not saying he cannot access these benefits, only that he has to open a new claim to get them, right?

 

[DawnInWV]

You do realize, don't you, that they are not saying he cannot access these benefits, only that he has to open a new claim to get them, right?

And by opening a new claim, with a new base year, would make him ineligible because he was on UI for the past year, that income would not count toward eligible income. According to the NJ Labor website, you cannot go from one claim to another successive claim without working in between. In other words, 2 claims cannot be based on the same separation from work. So he is ineligible to start a new claim. But they say he is.

What they have to do, which most other states are already doing, is just give Tier Two benefits to those who qualify according to the rules, which are:

1. You are unemployed or working part-time
2. You are not eligible for a new regular unemployment insurance claim
(They denied my husband Tier Two because they said he's eligible for a new claim, which, as I have shown, he is not eligible because he didn't work).
3. You exhausted your unemployment insurance benefits or the benefit year on the claim has expired
4. Your claim is based on 20 base weeks or you have had earnings of at least 40 times the weekly benefit rate in your base year.

My husband meets all this criteria. So today I write an appeal and I guess we'll see what happens. I also am looking for a lawyer in this area, so if you know anyone who would handle this case in my locale, please let me know.

 

[cbg]

The rules of this site prohibit the referral of specific attorneys.

 

[DawnInWV]

Oops! Sorry.