What is the name of your state (only U.S. law)?
My state is NC.
My question is this: Is it ok for a rep at the ESC to backdate a claim year by one week for a claimant that mistakenly waited a week before starting a new claim for the 2nd benefit year?
History for Week Ending:
3/13/10: My BYE ended.
3/20: I was not allowed to certify and did some research and found out I needed to start a claim for new benefit year. I did and was approved for new year of UI. I assumed my waiting week wd be for wk of 3/20.
3/27: I was able to certify and was approved, but received a msg that it was my waiting week and I would not be paid. Since this meant 2 unpaid weeks, I spoke to a NCESC rep on the 29th who backdated my new year to start the day after the old one ended. She took the claim for me online, for what I thought was week ending 3/27. I received a check.
Today I received a letter saying that I was overpaid for the week of 3/20/10 for the entire amount of my check and it would be taken out of my future checks until paid, up to 50% of check amt. I checked the payment history and found that the first week paid under my 2nd yr UI was for 3/20. No pymt for 3/27, then pymt for 4/3, etc.
It appears that, because I had certified for the week of 3/27 and the system considered it the "waiting week," the rep filed a claim for me for the week ending 3/20 instead. Maybe she couldn't change the waiting week from 3/27 to 3/20 since the certification was already done.
I have a PDF of the msg I received after certifying for week ending 3/27 stating that it was my waiting week. I only received one check for those 2 weeks. I tried calling the NCESC but the woman I spoke with kept interrupting and insisting that I was overpaid. Then she transferred me to the person responsible for my SSN range for this type of problem, who is out til the end of next week.
Thank you so much for your help!What 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)?
My state is NC.
My question is this: Is it ok for a rep at the ESC to backdate a claim year by one week for a claimant that mistakenly waited a week before starting a new claim for the 2nd benefit year?
History for Week Ending:
3/13/10: My BYE ended.
3/20: I was not allowed to certify and did some research and found out I needed to start a claim for new benefit year. I did and was approved for new year of UI. I assumed my waiting week wd be for wk of 3/20.
3/27: I was able to certify and was approved, but received a msg that it was my waiting week and I would not be paid. Since this meant 2 unpaid weeks, I spoke to a NCESC rep on the 29th who backdated my new year to start the day after the old one ended. She took the claim for me online, for what I thought was week ending 3/27. I received a check.
Today I received a letter saying that I was overpaid for the week of 3/20/10 for the entire amount of my check and it would be taken out of my future checks until paid, up to 50% of check amt. I checked the payment history and found that the first week paid under my 2nd yr UI was for 3/20. No pymt for 3/27, then pymt for 4/3, etc.
It appears that, because I had certified for the week of 3/27 and the system considered it the "waiting week," the rep filed a claim for me for the week ending 3/20 instead. Maybe she couldn't change the waiting week from 3/27 to 3/20 since the certification was already done.
I have a PDF of the msg I received after certifying for week ending 3/27 stating that it was my waiting week. I only received one check for those 2 weeks. I tried calling the NCESC but the woman I spoke with kept interrupting and insisting that I was overpaid. Then she transferred me to the person responsible for my SSN range for this type of problem, who is out til the end of next week.
Thank you so much for your help!What 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)?
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