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Should I Continue claim or Wait to file new one?

by Beth
(New York, NY)

I was laid off from a job in Dec 2010 and received unemployment compensation from 1/23/2011 to 3/6/2011. I worked full time at a new job from March to October 2011. I was laid off from that job recently and wish to file for unemployment again. I can continue my claim from earlier this year, but my benefit year ends in January 2012. But does it makes sense to delay filing until a new benefit year begins in Jan. 2012 ? Or will that be considered an extension? I was thinking that delaying will enable me to file a new claim in Jan. 2012 and get the maximum benefits. What is your advice?


No, it doesn't make sense to me to delay filing. You have a remaining balance on your existing claim and a new claim is just that .. a new claim.

And that's going to give you another 26 weeks of regular benefits based on a new base period which will include the wages you've earned this year .. because of the type of BP NY uses.

Seems to me you will exhaust or come close to exhausting your regular 26 weeks of benefits by the time a need for a new claim gets here.

If you don't use the balance you have now .. you'll lose it.

A new claim can only be filed in Jan. and it will have a new BYB and BYE and BP(benefit year begins/benefit year ends and base period)

Because you will have a new base period with the new claim .. you're probably going to have a new WBA based upon your most recent employment.

It's also very likely, given the dates you provided that you will never collect an extension benefit on your current claim.

Here's what people don't seem to realize .. extensions are last ditch for any state.

Any state would much rather you be collecting benefits based upon wages that some employer has paid taxes on to pay for the benefits and not special programs like unemployment extensions that both federal and state governments are now borrowing to pay the benefits.

I realize this is a confusing subject to "write" about, so if you now have more questions .. go ahead.

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Oct 25, 2011
by: Heather

I am in California so things may be very different but here if you were to file a "new claim" that new claim would be processed but then they would just divert you back to the old or first claim that you had so that you could exhaust that old claim. Once the first claim expired through the 26 week max or until you were no longer able to get extensions then the new claim would kick in.

I have been receiving extensions and once my benefit year ended they automatically filed a new claim for me but it lowered my weekly benefits amount by $262 so they (because of a law that was signed) had to continue paying on the old claim and once I have exhausted all of my extensions (unless I get a job of course) then I will divert to the new claim at the reduced benefit amount to collect the 26 weeks on that claim.

Again, this is just CA and based on my own personal experience of what is going on for me. But I definitely say file and get some help until you can find another job. I also happen to know from experience that the rent does not pay!

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