Ohio Unemployment Disallowed Due to Lack Of Qualifying Weeks-Appeal 2nd Time?

[commentator]

I will admit you are right, I should've told the person to file a new claim immediately. Because first they'll use the first four of the last five, and then they'll do the alternative base period, maybe she needs to request it, maybe not. I know that they never start off with it. But if they do it, and she has the wages in to set up a claim that way, using the alternative base period, you're right in that she could actually file the same claim this quarter as she would have filed in October on my advice.

I'm a little inclined to forget about the alternative base period. It sort of came into being after I had moved on. That's what may give her a claim in October based on the first four of the last completed five, or in the alternative base period of a claim she filed in July or August or September of this year. And whenever she files, she'll still get the same number of weeks, whether they back date her to the first week of the new quarter or not. I'm saying it is highly unlikely they would do that, but maybe so. As you said, perhaps she'd be denied, but it certainly won't happen if she never asks, and it doesn't hurt to ask.

As far as telling people when they would be more able to qualify for a claim, that's not really something the unemployment office is supposed to do. New York may be different. Those north eastern states amaze me. But the big thing is that they emphasize, the law is that a person is always to be allowed to file a claim when they request to.

In other words, you don't tell people to come back in two weeks and they'll get to draw more. Nothing is definite.
if you tell somebody they might qualify for a better claim if they wait a week or two, and in the meantime, while they are waiting to file, they get run over by a bus and are not able and available for work any more, you would've really done them a disservice. This has happened, and we really caught a hard time if managers caught us telling people to wait to file their claim until the quarter changed so that they might draw more.

Telling someone to file again when they weren't eligible in June is something someone in the agency reasonably might do. But if the OP didn't talk to a live human, or if no one she talked to told her to file again in July, then I still do not see how the system was in any way liable for her not filing again in a timely manner or why they'd be inclined to agree to backdate her claim.

 

[Ariadne22]

OK, this is really pretty simple.

First, nowhere does Ohio say earnings must be in three quarters. Ohio states 20 weeks' earnings of at least $233/week in order for the week to qualify as one of the "20." The "or" has confused OP. Ex.: she could work 30 weeks. If she earned less than $233 in 11 of those weeks, she wouldn't qualify in Ohio.

Yes, some of the southern states require 52 weeks, or at minimum 39 weeks, but northern states usually want two quarters earnings.

CA - being California - will qualify on one quarter of at least $1,300 in earnings. So, number of quarters really does depend on the state.

CA will even establish a requalifying claim at the bye if claimant doesn't work first benefit year - IF claimant earned at least $1,300 the week claimant first filed for benefits. An anomaly peculiar to CA under its Section 1277. Happens often enough not to be considered rare.

The issue, here, is the quarters used - based on filing date.

Chyvan is correct - Ohio automatically used ABP for OP when she filed in June - and was only able to use earnings through April 30th, which included only 18 weeks' earnings.

Yes, many states now DO apply the APB automatically. CA at one time required you authorize them to do this, but now they just apply ABP if SBP doesn't qualify.

NJ has an SBP - and - TWO ABPs. NJ automatically cycles through them, using SBP first, then APB #1, ABP #2. No one has to request NJ consider its ABPs.

NY has an ABP - which it will let the claimant request - IF the APB will give claimant a higher benefit, even though claimant qualifies using NY's SBP. One or two other states do this, as well.

If claimant refiles - actually she should have already refiled as this is now August - Ohio will use its ABP with earnings through 6/30/14 - which should provide enough "weeks" and earnings to qualify.

And, no, most UE reps will NEVER bother to figure out if claimant would be better served - either qualifying or not, or even to obtain a higher and LONGER benefit - to delay filing. Which is why claimants are much better served to visit UE forums BEFORE filing to determine strategy.

Finally, anyone who beats up on Chyvan, clearly shows how little they know. Chyvan and I have been on the same forum for years. She has helped many (not one, not just herself - MANY) a claimant win their benefits with complex issues, all the way to and including BORs.

 

[Chyvan]

With UI, to me anyway, it's always best to get the money up front. If she gets a job before October, then all the money she could have collected will be gone when her BYE comes.

Now, that we're somewhat on the same page, is there any way to tell this person to come back and read the updates. I don't get emails that there is activity in the thread, and I suspect she has no clue that the thread have many new posts, and I tried to message her, but it says that her private messaging is off. I don't want her to possibly miss out on $2,800 just because she thought it was hopeless.

 

[Silverplum]

With UI, to me anyway, it's always best to get the money up front. If she gets a job before October, then all the money she could have collected will be gone when her BYE comes.

Now, that we're somewhat on the same page, is there any way to tell this person to come back and read the updates. I don't get emails that there is activity in the thread, and I suspect she has no clue that the thread have many new posts, and I tried to message her, but it says that her private messaging is off. I don't want her to possibly miss out on $2,800 just because she thought it was hopeless.

No.

99% return.

 

[Silverplum]

OK, this is really pretty simple.

First, nowhere does Ohio say earnings must be in three quarters. Ohio states 20 weeks' earnings of at least $233/week in order for the week to qualify as one of the "20." The "or" has confused OP. Ex.: she could work 30 weeks. If she earned less than $233 in 11 of those weeks, she wouldn't qualify in Ohio.

Yes, some of the southern states require 52 weeks, or at minimum 39 weeks, but northern states usually want two quarters earnings.

CA - being California - will qualify on one quarter of at least $1,300 in earnings. So, number of quarters really does depend on the state.

CA will even establish a requalifying claim at the bye if claimant doesn't work first benefit year - IF claimant earned at least $1,300 the week claimant first filed for benefits. An anomaly peculiar to CA under its Section 1277. Happens often enough not to be considered rare.

The issue, here, is the quarters used - based on filing date.

Chyvan is correct - Ohio automatically used ABP for OP when she filed in June - and was only able to use earnings through April 30th, which included only 18 weeks' earnings.

Yes, many states now DO apply the APB automatically. CA at one time required you authorize them to do this, but now they just apply ABP if SBP doesn't qualify.

NJ has an SBP - and - TWO ABPs. NJ automatically cycles through them, using SBP first, then APB #1, ABP #2. No one has to request NJ consider its ABPs.

NY has an ABP - which it will let the claimant request - IF the APB will give claimant a higher benefit, even though claimant qualifies using NY's SBP. One or two other states do this, as well.

If claimant refiles - actually she should have already refiled as this is now August - Ohio will use its ABP with earnings through 6/30/14 - which should provide enough "weeks" and earnings to qualify.

And, no, most UE reps will NEVER bother to figure out if claimant would be better served - either qualifying or not, or even to obtain a higher and LONGER benefit - to delay filing. Which is why claimants are much better served to visit UE forums BEFORE filing to determine strategy.

Finally, anyone who beats up on Chyvan, clearly shows how little they know. Chyvan and I have been on the same forum for years. She has helped many (not one, not just herself - MANY) a claimant win their benefits with complex issues, all the way to and including BORs.

Oh, CLEARLY.

 

[cbg]

I've been on the same forums with chyan for some years too. I've also been on the same forum with Commentator. I've seen quite a few people come back and thank commentator for helping them win their case. Funny I haven't see the same kind of response to him.

 

[Ariadne22]

There are none so blind as those who will not see

I've been on the same forums with chyan for some years too. I've also been on the same forum with Commentator. I've seen quite a few people come back and thank commentator for helping them win their case. Funny I haven't see the same kind of response to him.

That is incorrect, and you know it. I've read those kudus on those forums on which you participate - in particular a NY case comes to mind. But, go ahead, choose to live in your own bubble and reframe the facts to fit your world view. You're only hurting yourself.

 

[cbg]

Actually, no, I don't know anything of the kind. I've seen FAR more responses to commentator than I have to chyvan. And I find it very curious that you've never posted here before today but you KNOW how much response there's been? On the same day that chyvan suddenly appears here out of nowhere?

Uh-huh.

 

[Ariadne22]

Believe what you want..... it'll make you feel better

Check out the other forum, I'm registered there. Don't visit too often, although I have posted a few times. Never have been impressed with what I've read from anyone on that board. Further, it isn't active enough, generally. - often wonder why Chyvan bothers - because she is head and shoulders ahead of most of those posting - which is why you don't 'get' her at all. Pity. Some people just don't know what they don't know.

Whatevs....

 

[cbg]

Oh, I've seen you over there. It's why you feel qualified to state what kind of response has been going on HERE that I'm wondering.

 

[quincy]

Check out the other forum, I'm registered there. Don't visit too often, although I have posted a few times. Never have been impressed with what I've read from anyone on that board. Further, it isn't active enough, generally. - often wonder why Chyvan bothers - because she is head and shoulders ahead of most of those posting - which is why you don't 'get' her at all. Pity. Some people just don't know what they don't know.

Whatevs....

I do not have the benefit of knowing who Chyvan is, what her backgrounds is, or what advice she has offered to others elsewhere. I can only go by what has been posted in this thread.

Chyvan's posts either stand on their own or they don't. The fact that Chyvan has felt the need for her very own cheerleader to rah-rah her first posts on this forum strongly suggest that they don't.

I assume that Chyvan is the tall one trying to hide behind you Ariadne? I see her head and shoulders peeking out. You might let her know that you have harmed her more than helped her with your denigrating of the FA members.

Pity.

 

[Silverplum]

I do not have the benefit of knowing who Chyvan is, what her backgrounds is, or what advice she has offered to others elsewhere. I can only go by what has been posted in this thread.

Chyvan's posts either stand on their own or they don't. The fact that Chyvan has felt the need for her very own cheerleader to rah-rah her first posts on this forum strongly suggest that they don't.

I assume that Chyvan is the tall one trying to hide behind you Ariadne? I see her head and shoulders peeking out. You might let her know that you have harmed her more than helped her with your denigrating of the FA members.

Pity.

*repeatedly bangs Like button*

 

[commentator]

It appears that chyvan has a pretty good grasp of the quarter system, and some ideas about how the unemployment calculation of benefits works. But as far as what will happen or what they might do, or what you can appeal, maybe not so much. We can all combine our knowledge here.

But in any case the one thing I would like to say is that yes, it's true, people should do their homework, check on things pertaining to their own interests.
I agree that is not a bad thing.

But I do not agree that people should ever come onto an internet forum before filing an unemployment claim and ask all about possible eligibilty. Because I have seen some very very bad advice given on some of these internet forums! I always emphasize that people should get their advice from the system directly.

They're the only ones who have access to the exact information about the particular person, and who are familiar with the laws of the state. You can get general ideas about what will happen from the internet or booklets or whatever, but your particular case is individual, should be looked at by someone who can tell you exactly what is going on.

It is ALWAYS better to file a claim, even if you are not at all sure you will be approved or will have the money to set it up, because sometimes it's different than you understand. Unemployment isn't meant to be a living wage, a permanent solution to your problems, or anything that anyone would accept as a "lifestyle" as our legislators are so fond of alleging when they try to cut off extensions and make it harder to get unemployment benefits. Sometimes you get stuck in a tiny claim, but that will go away soon, it's not a lifetime condition.

We used to joke about how people would go home and discuss their potential claim with just about anybody and everybody, and then come to our offices, back in the days before you didn't talk to living human beings, and they'd tell us all sorts of things about unemployment, they knew, because they'd talked to their sister in law who drew a claim last year, or somebody who knew somebody who worked for the state and said...And they found it so hard to listen to us when we'd sit there and tell them, This is the law. This is how it happened. Nobody with a calculator has made a math error on your case and you cannot appeal this.

And I saw many of them who'd decided they wouldn't be eligible, or would be eligible based on this or that misconception they'd had or been told.
Sometimes they didn't bother to file, cheating themselves out of money. Those were true heartbreakers, as we did not backdate based on "I didn't know" or "I didn't understand!" Sometimes they did file, and then spent hours and hours arguing with something that was inarguable.

Since we do not have access to the wage calculations of this OP, and we do not know for sure what this lady has been paid in the last quarters that would be available for use, (April, May and June) we cannot say with confidence that yes, she'll have a claim for sure when she gets to file in July using the alternative base period.

But it is certainly worth a try, and I also hope this OP re reads this whole discussion, not so much for the lengthy explanation of quarters and weeks, etc.(Which are going to mean very little to the average person, and are not necessary for her to understand.) But simply to tell her that she will be able to file a new claim, to forget the appeal on the one she filed in June, and maybe she will be able to draw from it, using the alternative base period.

As far as matching chops with anybody, I don't care. I just hope we give good correct help to those who ask, don't care if they come back and thank us or not. I got in the habit years ago, and still like to do it.