More Form 1277 confusion!

June 22, 2013 · 3 comments

in ¿Confused?

My claim for 6-12 to 6-13 is now over and I received the all confusing 1277 form yesterday. I’ve read everything on the EDD website, as well as this one regarding the 1277. I understand that new claims cannot be filed back-to-back, that I did not pass the lag test (no wages and no work for the last year), but that federal extensions are not affected.
What does the date on the form mean? Does that mean that I can file a new claim at that time based on Q1 and Q2 wages from the employer that laid me off?? At some point, the remaining federal tiers will kick back in, and THEN I can file a new claim based on OLD wages? If so, this is in direct contradiction to two separate instances in which 1)I was told by EDD on the telephone a new 26 week claim would kick in based on wages from 2012, and 2)what a response via email from EDD told me to do-file a new claim maually even though I didn’t work though it was apparently already done by EDD since the 1277 was issued.

Clarification anybody?????????

  • Isabella4ever

    Per Insider’s Guide –

    1. If you haven’t worked, CA will file a new claim for you at your bye.

    2. If you have worked, you need to file a new claim application at the bye before CA will continue paying EUC from the old claim.

    CA is not applying this procedure consistently, however, which is why you received conflicting messages from EDD.

    “What does the date on the form mean? Does that mean that I can file a
    new claim at that time based on Q1 and Q2 wages from the employer that
    laid me off??”

    No, YOU can’t file a new claim against your former employer. Since you did not qualify for a new claim at your bye, CA will continue (is, in fact, required by EUC rules) to test for new requalifying state claim eligibility either in October or when you next transition to a tier. Should any of those unused LAG wages remain in the base-year reviewed – IF YOU HAVE NEW WAGES SINCE YOUR BYE – you might qualify for a new claim.

    Otherwise, if you are not working, eventually those LAG wages will age out of any base-year period being considered in the future.

    In short, those LAG wages cannot be used unless you have worked. Probably, in the next three-six months, there will be no LAG wages available for consideration at all.

    • HappyforLucidity

      Thank you so much, Isabella. I can’t understand why for the life of me, an EDD rep, in response to an email I’d written, told me there were wages left from 2012 (Q2, I believe) that would qualify me for a new 26 week claim. She had to have known that there has been no work since having been laid off (since I’ve not declared any wages on certifications) so apparently she gave me VERY misleading info. And….that is scary.

      • Isabella4ever

        That is also typical. She gave you half an answer. Had you new earnings, those old Q1 and Q2 wages could have been used. Also, in CA, depending on whether or not you worked and had wages from your old employer of $1,300 the week you filed, you might have new claim eligibility. Only CA does this. An anomaly in CA law. Anyway, most people who have not worked since filing are not eligible for a new claim.

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