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What is the order of payment for extended benefits when multiple claims exist

by Gail

(California)

In California, I filed a new claim in 6/2008, claim expired 6/27/2009. Claimed reg UI benefits from 6/2008-9/2008, went back to work at temp job from 9/2008–4/2009 & was layed off. Re-opened 08 claim and collected remainder of reg UI benefits + 2 weeks of an extension that was filed by EDD(I have not been able to find out what kind of extension they filed but was told it was 13 weeks) On 7/3/2009 I filed a new claim based on previous work in 2008. Received notice from EDD that weekly benefit would be $450 per week based on highest earnings. Then got another notice benefit would be $296 per week. After many phone calls finally reached someone who told me that a person(name not supplied) without my knowledge or permission, back dated the new claim I had just filed online and this resulted in the weekly benefit computation being based on the lowest quarter earnings instead of the higher quarter. I finally got this corrected explaining that I was not eligible for the week they backdated the filing date to due to being out of the state that week & unavailble for work.
I collected all of the reg benefits at $450 per week under the new clain and those benefits ended 1-2-2009.

Here is issue: Instead of filing an extension on the new claim, EDD has put me back to the first extension that was filed on the expired 08 claim, stating that there are unused funds in that extension that I must use before any further extensions can be filed. Issue is weekly benefit on old claim is $123 per week and new claim is $450 per week so my benefit has been greatly reduced. Also by the time I use up the old extension I will be past the Feb deadline for filing any further extension even tho I would have been eligible if they had used the new claim instead of the old.
From what I have been able to read from all the other stories the rule the states seem to be applying is to pay the least amount possible whenever possible.
Is this correct and what will happen next if I cannot find a job before the extension on the old expired claim runs out ?

Hi Gail,

Apparently you are correct .. whatever pays the least.

I’ve got to tell you .. extensions are giving me a headache. What’s happening is completely confusing. What I do know is there are two different kinds of extensions. There’s state extended benefits triggered by unemployment rates and there are “special” federal programs such as Emergency Unemployment Compensation which expired in Dec of 09.

I think federal state extended benefits is tier 1 and 2 and tier 3 is EUC which is presently over with until the senate passes a new federal extension. And I think we should all hope that whatever new extension is created will reach back to help those who couldn’t collect the extra 6 weeks because they couldn’t exhaust the last 13 weeks in two months .. which was required to get the extra 6 weeks. They call this the “deadline glitch

Supposedly the senate is working on a new extension bill as I type, but given the fiasco they made of it last fall I now have my fingers and my toes crossed.

If you have received some kind of monetary determination recently, you need to appeal it. If you haven’t .. call the department and ask for an “appealable determination”. If you got it straightened out once before and they allowed the new claim instead of extending the old claim .. you might have a case.

Sorry, I can’t be more helpful, but like I’ve said before .. any expertise I claim to have is based on NON monetary separation issues.


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