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I got a "Notice of Determination of Invalid Claim, Section 1277", what do I do?

Menifee, CA |

I didn't realize that I had a work requirement to keep my unemployment benefits. I thought the whole purpose of unemployment was to give you a lift until you found a job.

Well, now it looks like I need to file an appeal to see if they will reinstate my benefits. I have a few more weeks of UI benefits under my 2nd extension before I've expended my UI benefits. What can I do to get my benefits reinstated at this point?

At the bottom of my notice it states that "any unemployment insurance claim you file will be invalid under section 1277 until January 2010 at which time this test will no longer apply". Does this mean my benefits will be reinstated in january? Why January?

Attorney Answers 1

Posted

Call the EDD 1-800-300-5616. They will explain your eligibility. The law is set forth below for your information.

1277. Notwithstanding Section 1281, if the base period of a new
claim includes wages which were paid prior to the effective date of,
and not used in the computation of the award for, a previous valid
claim, the new claim shall only be valid if, during the 52-week
period beginning with the effective date of the previous valid claim,
either of the following applies:
(a) The individual earned or was paid sufficient wages to meet the
eligibility requirements of subdivision (a) of Section 1281 and
performed some work.
(b) The individual did not receive benefits under this part, and
was disabled and was entitled to receive, wage loss benefits under
Part 2 (commencing with Section 2601) of this division or under
Division 4 (commencing with Section 3201) of the Labor Code, or under
any workers' compensation law, employer's liability law, or
disability insurance law of any other state or of the federal
government.
For the purpose of this section only, the term "wages" includes
any and all compensation for personal services performed as an
employee for the purpose of meeting the eligibility requirements
under subdivision (a) of Section 1281. This section is not
applicable to the computation of an award for disability benefits.

1281. (a) An individual cannot establish a valid claim or a benefit
year during which any benefits are payable unless during his or her
base period, for new claims filed with an effective date beginning on
or after January 1, 1992, he or she has met either of the following
conditions:
(1) He or she has been paid wages for employment by employers
during the quarter of his or her base period in which his or her
wages were the highest of not less than one thousand three hundred
dollars ($1,300).
(2) He or she has been paid wages for employment by employers
during the quarter of his or her base period in which his or her
wages were the highest of not less than nine hundred dollars ($900)
and been paid wages for employment by employers during his or her
base period equal to 1.25 times the amount he or she was paid in this
same quarter.
(b) Except as provided by subdivision (c), the maximum amount of
unemployment compensation benefits payable to an individual during
any one benefit year shall not exceed the lower of the following:
(1) Twenty-six times his or her weekly benefit amount.
(2) One-half the total wages paid to the individual during his or
her base period.
(c) If the maximum amount computed under subdivision (b) is not a
multiple of one dollar ($1) it shall be computed to the next higher
multiple of one dollar ($1).
(d) For the purpose of this section and Section 1280, in
determining wages paid, "wages" includes wages due to any individual
but unpaid within the time limit provided by law.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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