Your rights and responsibilities as an interstate benefits claimant / prepared by US Department of Labor

Your Rights And Responsibilities
As An Interstate Benefits Claimant
Your first responsibility as an Interstate Benefits Claimant is to understand the information in this booklet.
It will help you understand the unemployment insurance program
and how to claim your benefits. Please read it carefully.

GEORGIA DEPARTMENT OF LABOR
MICHAEL L. THURMOND, Commissioner

Prepared by: US Department of Labor

DOL-414C (R-10/00)

Notes

Table of Contents
Background q 4
Interstate Claims q 5 Agent State Liable State Combined Wage Claim The Process
Eligibility q 8 Monetary Determination w Base Period w Benefit Year Nonmonetary Determination w Reason for Unemployment w Ability to Work w Availability for Work Appeals Waiting Period Dependents Allowance
Continuing to Qualify q 15 Search for Work Able to Work Available to Work Reporting Earnings and Income Fraudulent Claims When to File Confidentiality Reporting to Agent State Office When Benefits are Exhausted IRS Reports Other Services
Liable State Information q 20

Background
The State Unemployment Insurance (UI) programs and Job Services were created under the Social Security Act of 1935. Each state operates its own UI program based on Federal guidelines. Eligibility requirements and benefit amounts are determined by state officials under the state's law.
In most states, UI benefits are financed solely by an employer tax; however, in some states employees also pay a tax to help finance the program.
When you file an unemployment insurance claim, your last employer will be notified.
Because workers sometimes move from one state to another, all states voluntarily participate in the Interstate Benefit Payment Plan to assist each other with claims filed by people who have moved to another state, or who would have to travel unreasonable distances to file claims in states where they normally work.
Your claim is being processed under the Interstate Benefit payment system.
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Michigan





Minnesota





Mississippi





Missouri





Montana





Nebraska





Nevada







New Hampshire





New Jersey





New Mexico





New York





North Carolina



North Dakota



Ohio



Oklahoma





Oregon





Pennsylvania



Puerto Rico





Rhode Island



South Carolina



South Dakota



Tennessee





Texas





Utah





Vermont





Virgin Islands



Virginia





Washington





West Virginia





Wisconsin





Wyoming



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Liable State Information

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Type of Base Period

Alabama



Alaska





Arizona





Arkansas



California



Colorado



Connecticut






Delaware





District of

Columbia





Florida





Georgia



Hawaii





Idaho





Illinois





Indiana





Iowa





Kansas





Kentucky



Louisiana



Maine



Maryland



Massachusetts




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Interstate Claims
Being an Interstate claimant means that you are filing your claim in this state against another state, or that you no longer live in the state where your wages were earned.
The Agent State
The agent state is the state in which you file your claim against another state. The agent state will:
w give you your application; w help you with required paperwork; w transmit your claim; w answer questions regarding your claim; w assist you in your search for work; w provide claim forms, if necessary; and w give you information on how to call or
write your liable state.
The Liable State
The liable state is the state against which your claim is filed. The liable state:
w determines your eligibility and benefit amount; and
w pays your benefits.
Combined Wage Claim
If you have earned wages in more than one state, it may be more beneficial to file a Combined Wage Claim. If you choose to file
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a Combined Wage Claim, you must use all wages earned from all states during the base period, including federal and military wages.
Ask the agent state claims taker which type of claim is best for you.
The Process
After you file your initial application, most correspondence concerning your claim will be directly between you and your liable state.
About two weeks after the agent state electronically transmits your claim to the liable state, you will receive claim forms and other information about your claim from your liable state.
Some states take longer to send this information.
If the agent state provides claim forms so you can start filing for benefits, use them only until you receive your packet of forms and instructions from your liable state.
Note: Some states prefer that you claim benefits using only the forms they provide. If your liable state is one of those, the agent state will not provide claim forms. Your liable state will send them when it receives your application.
If you do no receive claim forms within two weeks, return to your agent state office to obtain claim forms.
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IRS Reports
Since you are required to report income from your unemployment insurance benefits when you file your income tax return, your liable state will send both you and the Internal Revenue Service (IRS) an annual statement showing benefits paid.
Other Services
In addition to assisting you with your UI claim, our Job Service Offices offer free assistance to help you return to full-time, meaningful employment.
Ask your agent state claims taker about their services available to you.
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Only you can make inquiries regarding your claim. Information will not be released to friends or relatives.
Reporting to Agent State Office
You must return to the agent state office, if: w you return to work, then again, become
unemployed; w you move; w you stop filing due to illness, vacation,
etc.; or w you are instructed to do so.
Note: Failure to report to the agent state office in any of the above situations could result in a delay or denial of future benefits.
When Benefits Are Exhausted
When your benefits are exhausted or your benefit year has ended, you will be notified by your liable state.
Return to the agent state office to find out if there are any additional benefits to which you are entitled.
If you previously worked in more than one state, you could have a monetary entitlement under one of those states' laws. The agent state claims taker can advise you regarding your filing options.
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Once you receive claim forms from your liable state, stop using the forms provided by the agent state.
Some states use a telephone voice response system - instead of forms - to handle claims. If your liable state is one of these, they will send you an information packet with instructions on how to file your claim by phone.
Because of your long-distance relationship with your liable state, the accuracy and completeness of the information you send is very important.
Make sure that: w your social security number is on
all claims, attachments and correspondence; w your address is correct, including zip code; w you sign your claim and other correspondence; w you have provided your telephone number (or a message number) so you can be reached to answer questions; and w you complete all forms accurately and legibly with sufficient detail.
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Eligibility
Eligibility requirements to receive unemployment insurance (UI) vary slightly between the states; however, every state requires that you qualify on a monetary as well as, on a nonmonetary basis.
Monetary eligibility is based on having worked enough hours for one or more employers who pay taxes into the UI system.
Nonmonetary eligibility requires that: w you are unemployed through no
fault of your own; w you are able to work; and w you are available for work,
including that you have no problems with school, self-employment, childcare or transportation.
Monetary Determination
The information you receive from your liable state will include a monetary determination:
w showing whether or not your base period wages are enough to establish a monetary entitlement; and
w listing all of the employers in the liable state who reported wages for you.
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w industrial accident insurance; w room and board; or w any income.
Note: Failure to report any earnings or income could result in a denial of prior and future benefits and an overpayment which you would have to repay.
Fraudulent Claims
Each state maintains a computer file of all wages paid by employers in the state. One of the purposes of these files is to detect fraudulent claims by people who are working and claiming benefits at the same time.
To detect fraudulent claims filed through the Interstate system, all states participate in a nationwide crossmatch of wage and benefit files.
When to File
Make sure the period you are claiming has ended before the date on which you sign and mail your claim.
Mailing your claim form early - before the end of the claim period - could result in a denial or delay of benefits.
Confidentiality
Only you can claim benefits on your account. No one else can file your claim for you.
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Available for Work
You must indicate on your claim form if there were any days during the claim period you were not available to work because you were without childcare, transportation, etc.
Report Earnings and Income
If you work during any week for which you claim benefits, you must report:
w your gross earnings whether or not you have received your pay;
w the employer's name and mailing address;
w the dates you worked; and w the reason for your separation, if you
are no longer working.
Note: All wages must be reported for the week in which you earned them, not when you were paid.
In addition to reporting wages, you must report any income, including;
w self-employment; w pension; w annuity; w Social Security benefits; w severance pay; w vacation pay; w commissions; w holiday pay; w back-pay;
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Base Period The basic base period used by most
states is the first four of the last five completed calendar quarters.
If you file your claim in:



Oct. Jan. April July

Jan.

Nov. Feb. May Aug.

Feb.

Dec. Mar. June Sept

Mar.



Jan. April July Oct.

April

Feb. May Aug. Nov.

May

Mar. June Sept. Dec.

June



April July Oct. Jan.

July

May Aug. Nov. Feb.

Aug.

June Sept. Dec. Mar.

Sept.



July Oct. Jan. April

Oct.

Aug. Nov. Feb. May

Nov.

Sept. Dec. Mar. June

Dec.

Your base period is the shaded are.
Some states use the one-year period immediately preceding the effective date of your claim.
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A few states use some other one-year period preceding your claim.
Many states have an alternate base period that can be used if you don't qualify on the basis of employment and wages during the basic base period.
If you file your claim in:
Jan. April July Oct. Jan.
Feb. May Aug. Nov. Feb.
Mar. June Sept. Dec. Mar.
April July Oct. Jan. April
May Aug. Nov. Feb. May
June Sept. Dec. Mar. June
July Oct. Jan. April July
Aug. Nov. Feb. May Aug.
Sept. Dec. Mar. June Sept.
Oct. Jan. April July Oct.
Nov. Feb. May Aug. Nov.
Dec. Mar. June Sept. Dec.
Your alternate base period is the shaded area.
The base period used by your liable state will be shown on your monetary determination.
(See matrix of state-specific information on pages 20 and 21)
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Continuing to Qualify
Once you have established your UI claim, you must continue to meet eligibility requirements in order to continue receiving UI benefits.
Search for Work
While claiming UI Benefits, you must continue to search for work. Keep a record of every employer you contact, including;
w company name; w address and telephone number; w date of contact; w name of person with whom you
spoke; and w Results of the contact ("not hiring",
" come back later", etc.) You may be asked to report to the agent state office for an interview concerning your search for work or for referral to a job. If you are unable to provide work search information, or refuse a job offer, your benefits could be denied.
Able to Work
While claiming benefits, you must indicate on your claim form whether there were any days on which you were not able to work, due to illness, injury, vacation or for any other reason.
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Waiting Period
Most states require that you serve a oneweek, unpaid waiting period at the beginning of your benefit year before you begin to receive benefits.
You must file a claim for that week and meet the same eligibility criteria as if you were to receive benefits for that week.
Dependents Allowance
Some states add a dependent allowance to their weekly benefit amount.
If your liable state pays a dependent allowance and you indicate on your application that you have dependents, you will receive a request for additional information so a dependents allowance determination can be made.
(see matrix of state-specific information on pages 20 and 21.)
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Note: Most states have a qualification requirement for a second benefit year on back-to-back claims.
Note: If your liable state is one that uses the one-year period immediately preceding your claim, or an alternate base period, it will take longer to issue a monetary determination because that state must request your employment and wage information from your former employers by mail after it receives your claim.
When you receive your monetary determination, make sure that:
w all of your base period employers are listed; and
w all of your base period wages are listed.
If some of your wages are incorrect or missing:
w return to this office with any proof you have to verify employment or wages; or
w write a letter of explanation to your liable state and request a redetermination within the appeal period shown on the determination. Include your social security number and attach copies of wage stubs, W-2 form, or any proof of your employment.
Note: Never send original documents.
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Benefit Year Once you receive a qualifying monetary
determination, you have established a benefit year.
Your benefit year lasts about one year from the effective date of your first application.
Note: That does not necessarily mean you will receive benefits for an entire year. Your monetary determination represents the maximum amount of benefits you will be able to receive during your benefit year.
Nonmonetary Determination
In addition to qualifying monetarily, there are nonmonetary requirements you must meet in order to qualify for UI benefits: Reason for Unemployment
w Unemployed through no fault of your own;
w Laid off for lack of work; w Quit your job with good cause or w Fired for other than misconduct. Able to work w Physically able to perform the kind of
work you are qualified to do. Available for work
w Immediately available to accept suitable work within your training, experience and ability; and
w No problems with childcare or transportation.
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Note: School attendance, self-employment, receipt of other income and participating in a labor dispute could affect your eligibility, depending on the requirements of your liable state.
If your liable state has any questions or concerns regarding your eligibility, they will contact you. Once all available information is obtained, they will issue a nonmonetary determination, stating the reason for the decision.
Appeals
If your benefits are denied and your don't agree with the decision:
w You have a right to appeal the decision. w Information concerning your appeal
rights and the appeal period will be outlined on the document you receive. If you remain unemployed while your appeal is pending, you must: w continue to file your claim forms; w continue to look for work; and w meet all other eligibility requirements.
Note: By continuing to file your claim and meeting eligibility requirements, you will receive benefits for those weeks should the final decision be in your favor.
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