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Unemployment Appeal South Carolina

Discussion in 'Unemployment Insurance & Benefits' started by harveyscushion, Jun 29, 2016.

  1. harveyscushion

    harveyscushion Law Topic Starter Guest

    Jurisdiction:
    South Carolina
    I was let go prematurely by my employer three months ahead of time due to getting someone new in to be trained for my specific task as I start medical school in Greenville in August. Long story short, I was denied my benefits originally, had a hearing on Monday which the employer didn't contest and now I'm waiting to hear the result. From the point that I was denied benefits, the automated service said my benefits were "EXHAUSTED". However, now today, when I called, it's giving me the actual amount again that I'm entitled and online it says I'm entitled to $6250.00. The women on the phone can't disclose the decision but said a decision was made earlier this morning. Should I take this as a good sign?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes, but cautiously.

    Don't spend the money until you start receiving the checks.

    And even then, there might be an issue with over payment if you aren't available for work and actively seeking work (and can prove it).

    Starting med school in August could make that a bit iffy.
     
  3. harveyscushion

    harveyscushion New Member

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    Thanks so much, Adjuster. It looks like they have updated my unemployment page to the start date of 05/22, about a week after I was laid off. I was denied originally on the 2nd, appeal filed a week later. The issue was voluntarily resignation because there was a letter of resignation set for August 10th, 2016. I had planned on working until that date. The state denied it originally because of that letter. My own employer said they would not "phone in" to rebut this because they were the ones that originally let me go and gave me two weeks of severance as they needed someone new and trained on my position that took close to eight weeks to be certified before the first case to be filed. I made it clear I had no intention of continuing unemployment until after the 10th but I had and was ready to work up until that day as I was laid off on 05/12/2016.

    The day I was denied benefits my balance went from "6250.00" to "EXHAUSTED". Now, the morning of this decision it has returned to "$6250.00" with the added dates that I filed since 05/22. So you're saying most likely this appeal was in my favor but I should be very careful about filing from here on out?
     
  4. harveyscushion

    harveyscushion New Member

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    And thanks again, Adjuster. For your assistance!
     
  5. adjusterjack

    adjusterjack Super Moderator

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    That's normal. There's always a week waiting period for which no benefit is paid. If the claim is approved retroactively, you still lose that first week.

    There shouldn't be any problem with filing your weekly claims until August 10 which is your resignation date. The state probably has that flagged anyway.

    You should be aware of SC's "Search for Work" requirements:

    Search for Work

    I realize that it's unlikely that anybody will hire you for a full time position knowing that you start school in August but it would be a good idea to have a paper trail for at least part time or temporary positions between now and August.

    Play the game to cover your butt rather than potentially be faced with paying back money if you can't show that you actively searched for work.

    I've been through the UI process a few times in my life. The bureaucrats can get a bit obsessive about documentation sometimes.
     
  6. harveyscushion

    harveyscushion New Member

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    Adjuster, thanks so much. Decision was updated today to "DECISION MADE". But obviously can't hear over the phone. Again though, rather than "BENEFITS EXHAUSTED", I'm getting a new balance just as yesterday and now the four weeks are still showing up. I would assume, if given back pay for benefits, they will be paid on the same day that the benefits are paid out on, Tuesday? Does this seem correct in your experience?
     
  7. harveyscushion

    harveyscushion New Member

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    Jack, just found out I did win my appeal. Thanks for your help. There has been a reversal and I am eligible again. In your experience, how long it will take to get paid at this point?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    No way to predict. Likely within 30 days I'd guess. They might be able to tell you that on the phone. You may get a separate check for the back benefits while new checks are coming at regular intervals for current benefits.

    Congratulations on your successful appeal.
     

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