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I have a question about NJ unemployment benefits. yes. I…

I have a question...

I have a question about NJ unemployment benefits.

Lawyer's Assistant: Has anything been filed or reported?

Yes. I applied 3/5 and have been receiving benefits. The question is can I request a recalculation based on an alternative benefit year?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Would the lawyer be verse in this area?

I was hired by a NJ company on June 20, 2106 and laid off on March 5, 2017. I filed for unemployment the same day.

My base year is 10/01/2015 – 9/30/2016. Because I was out of work for 10/1/2015 – 6/20/15, by base weeks were 15 and my benefit was substantially less than 26 weeks.

My benefits are about to end and I am in dire financial straights. Can I successfully request and alternate base year of 1/1/2016 - 12/31/2016? This will almost double my benefit and keep me in my apartment.

Please advise.

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Customer reply replied 1 year ago
after putting in my deposit, i got another screen that said to ask my question. I wan to make sure two lawyers aren't working on the same question.
Answered in 22 minutes by:
6/12/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,864
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The alternative base years are available to claimants when they did not work sufficient time in the regular base period to qualify for benefits. It is an alternative used by the unemployment division to get someone qualified for benefits. However, if you believe they improperly ignored your base period you can ask for a recalculation, but you need to tell them why you believe they improperly ignored the alternative base period. So, yes, you can request them to reexamine your claim for the alternative base period based on the fact that use of the base period shorted you in benefits. They are supposed to review the base periods to determine which would give you your maximum benefits and if they did not do that you ask them to recalculate.
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Customer reply replied 1 year ago
thanks for your note. So they are responsible for using a base year to get my maximum benefits if I understand you. Also, I know that I was supposed to appeal with 7 days. However, the idea of the alternate base year was brought to my attention by a social worker last week. Given the financial stakes and that I didn't know about the alternate base year concept, would this be good cause for recalculation or do I stick with the issue that that my benefits weren't maximized?

Thank you for your reply.

You need to file a request to them to ask they reexamine the base year calculation they used and ask them to examine the alternative base years and recalculate. Your only argument is you believe they have failed to consider your alternative base year, since that would have provided you the maximum benefits you are entitled to.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,864
Experience: 20+ Years of Employment Law Experience
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