The EDD site instructed me on 12/27/20 to file for a new claim as my claim year had expired. I did so, knowing that I had worked all 1099 consulting jobs during the Standard Base Period to qualify for the max weekly benefit. When I got the determination letter, a new claim was granted but only for a $53/weekly benefit due to a $1,312.50 deferred commission payment that was issued to me in Aug. 2019 from my previous employer. The commission payment was for work completed in May 2019 (outside of my standard base period). These W2 wages were paid to me during the standard base period, but based on the rules regarding commission allocations on the EDD website (attached), I believe they should be reallocated to when the money was earned/when the work was completed and NOT when I was paid (fyi, the amount of the commission was known to me as was the timeline for completing the work - May 2019 - prior to when I left the company in June 2019). I called EDD and spoke to a Tier 2 Specialist who submitted a 'recomp' request to an auditor on 1/25 to have the $1,312.50 removed from my base period. I was told that the auditor would contact me to discuss the circumstances and would advise me as to where I could submit my back-up proof. I never heard from anyone at EDD and learned after calling back that the auditor denied my request on 2/11 without any explanation. I was told that a determination letter would be sent in the mail within 2 weeks and the letter would include instructions regarding how to file an appeal. Needless to say, that letter never arrived. I called EDD back last Friday and the Tier 2 Specialist said the appeal form can be found on their website. I did find the form, but there are no instructions given regarding where to send in the appeals. It states on the form that you should send in the appeal with back-up to the address posted on the determination letter...which I never got. The Tier 2 Specialist said that they do not have access to the letter and can't tell me if one was ever issued...so I have no way to get this situation corrected. I have NOT certified on this $53 weekly claim because I don't agree with it - so I then asked the specialist if I could actually cancel the claim and refile for a new one. Had I applied for the new claim in Jan. 2021 my standard base period would differ and the deferred commission payment wouldn't be included because the quarter ending in Sept. 2019 wouldn't apply. After working many 1099 jobs in 2020, I also returned to a W2 job for Sept through Nov. 2020, which should also give me sufficient funds to qualify for the max benefit. So if I can't have the deferred commission payment reallocated so that my existing claim from 12/27 is based on all 1099 income earned during the base period, I should also qualify for a brand new claim as of Jan. 2021 based on the UI income that I earned in Sept. 2020. The Tier 2 Specialist at EDD could only send a claim cancellation request to a determination specialist and said that I would be getting a letter in the mail within 2 weeks (I've heard this twice before and received nothing!) giving me a date/time for a scheduled phone call to discuss my situation. This was one week ago, and I've received no letter/email yet Given my history with the EDD over the past 3+ months, I don't believe it's ever actually coming. I have not claimed any weeks since De.c. 27th because I don't want to activate the new claim and risk the opportunity to cancel it, but that also means that I have NOT received ANY benefits (weekly, pandemic, etc.) since then and don't know how to rectify the problem so that I can get back on track???? I had 5 weeks left of PEUC extension as of 12/27/20 and should have been eligible for a new PUA claim as of 12/27 or a regular UI claim with a $450 weekly benefit had I filed the new claim in January. The difference of 4 days has put me into an EDD black hole that I can't seem to get out of and can only access a Tier 2 Specialist over the phone who doesn't seem to have the ability to help me. Any assistance/advice would be great appreciated as I continue to wait for this mystery letter to appear in the mail. I also would like to know the ramifications of cancelling the claim if they allow me to. Will I be able to file for a new claim and can I back date it to January 2021 or will I have to lose 12+ weeks of UI and Pandemic Relief funds due to all the waiting time EDD has me doing that is getting me no where? THANK YOU!!!
Total and Partial Unemployment TPU 460.2 - Commission
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I'm a little confused with your situation because you had said you had 5 weeks left of PEUC extension? It sounds like you started out with Regular UI right? Were you on regular UI to begin with?
If so, you wouldn't go on PUA. Currently they would put you back on the PEUC extension because PEUC qualifies you for an extension on your last eligible UI claim... so if you in fact had a UI claim then they would put you on that.
I guess I need to know more --
When did you first apply for unemployment?
What was your WBA before?
Were you originally on regular UI or PUA?
It's likely you can file a new claim and backdate it to January 2021 -- I don't think you will lose the 12 weeks. But the thing is that you already filed... so I don't think you can apply again.
For the appeals -- you said you received a determination letter with 53/week -- so you can send the appeals to that address. You can also call and ask them what appeals office you need to send it to. It doesn't sound like the person you spoke to knew how to find that out, but usually they should know.