Missed deadline to file unemployment claim

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jaf2012

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Hello,

Sorry so wordy, I am in dire need of my unemployment money and have been told it is unlikely that I will receive $1200 for an entire month. Here is the situation:

I have been unemployed since the end of January 2012 and actively networking, attending job seeker events on how to best market yourself, as well as earned another certification in IT Service management and applying for many many jobs in a saturated DC job market. Prior to going out of town for 10 days, on 5/2/12 I filed my unemployment claims. Due to their system limitations that recently changed, I had to wait one more day to file the most recently completed week. When I returned home, I waited 12 days to file my next claim on 5/24/12. The reason for the oversight is I was super busy (single mom) with a sick child at home with asthma and fever to take care of all week as well as power focusing on two 2nd job interviews and hosting a baby shower. I am obviously not someone exploiting the system. I thought I had an extra week before the deadline, however, it is 4 weeks of inactivity from the last submitted week which was the week ending 4/28/12, not when you called in. My claim was closed due to inactivity over 21 days. I have been told by Virginia Employment Commission that is unlikely that I will be paid for that time via their appeal process since they will look at being out of town as not focusing on your job search although I did apply for positions and submit resumes. What are valid reasons from the perspective of the VEC to approve an appeal? Any suggestions on how to escalate this and get the appeal approved? Can an attorney or any other resource assist with this for a modest fee? Is it better to go in person to discuss with a manager? Thank you very much for any suggestions!
 
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I do not mean this nastily, I really don't. But it is your responsibility to know when to submit your claims and to do so in a timely fashion. I don't know VA law specifically but in my state, which is actually one of the more generous states, a valid reason to approve an appeal for a missed claim would be that a close family member was in the hospital unconscious - and even then it would be questionable since you would clearly not be doing a job search in those circumstances! No, honestly, I don't think a lawyer be of much assistance - this is not a case where there is a grey area that can be subject to interpretation - it's a pretty black and white area. You were required to submit your claim by x date and you did not. I'm sure you can re-open your claim going forward but I will be very surprised if you are approved retroactively for the time you missed.

P.S. Check your PM's
 
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