Backdating an unemployment application in pennsylvania
First, we note that "[t]he burden of proving eligibility for unemployment compensation is on the claimant." Colello v. This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only.For those forms, visit the Online Forms and Publications section.HARRISBURG -- Thousands of unemployed Pennsylvanians calling for help are getting busy signals instead.By notice of determination dated May 26, 2011, the Scranton UC Service Center (Service Center) denied Claimant's request to backdate his application and claim weeks. Claimant states that due to delay beyond his control, he did not receive the necessary DD-214 form until approximately six (6) months after he was discharged. Furthermore, according to the Board, the claim record supports Claimant's contention that eventually he did file an application for benefits in September 2010, but he failed to file his biweekly claims for benefits.9. 8 at 6.) Section 65.33(a)(7) of the Department's regulations provides that when a claimant is employed, backdating is limited to four (4) weeks.10.Claimant appealed, and a Referee conducted a hearing. The DD-214 is final and conclusive evidence of such discharge or release. Claimant's DD-214, therefore, is final and conclusive evidence of such discharge or release. Further, where a petitioner fails to challenge the Board's factual findings, they are conclusive on appeal. We also note that during the subject hearing before the Referee, Claimant testified that he has returned to work. Claimant also argues that the Referee in the earlier decision erred in only granting partial backdating to September 5, 2010.
"It is a disservice to all the people who need this unemployment compensation," Fidler said.
During this time period, Claimant did not receive any unemployment compensation payments. We acknowledge that Sections 65.33 and 65.41 of the Department's regulations, 34 Pa.
In February 2011, upon receipt of his DD-214 form, Claimant requested backdating of his claim weeks to the week ending September 25, 2010, but he did not request to have his application backdated to June 13, 2010, nor did he request benefits back to the week ending June 19, 2010. Code §§ 65.33 and .41, were amended on February 12, 2011, and that, as of that date, the section of the Department's regulations that applies to backdating is Section 65.43(a) of the Department's regulations, 34 Pa. Because Claimant's claims pre-date the amendment, Sections 65.33 and 65.41 are applicable here.(c) An application for benefits may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed when, in the opinion of the Bureau, the claimant was prevented or persuaded, through no fault of his own, from filing the application because of one or the following reasons:(1) The inaccessibility of the local public employment office in isolated areas, or the infrequency of the periodic itinerant service established for the area in which the claimant is filing an application shall permit not more than 2 weeks of predating.(3) The inability of an office to take the claimant's application on the day on which he reported for the purpose, or the postponement of application taken by the office for administrative reasons may permit not more than 6 weeks of predating.(a) A claim for a week of total, partial, or part-total unemployment may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed when, in the opinion of the Bureau, the claimant was prevented, through no fault of his own, from filing his claims during the week immediately subsequent to the week for which the claim is filed because of one or more of the following reasons:(1) The inability of the local public employment office to handle currently all claims, or the postponement of claims-taking by the local office for administrative reasons shall permit not more than 6 weeks of predating.(2) The inaccessibility of the office in isolated areas, or the infrequency of the periodic itinerant service established for the area in which the claimant resides shall permit not more than 2 weeks of predating.(5) Sickness or death of another member of the claimant's immediate family or an act of God shall permit not more than 2 weeks of predating, provided the claimant was available for work during the week for which the claim is being filed.(6) Illness or injury which incapacitates the claimant shall permit predating for the duration of the incapacitation plus 2 weeks but in no instance for more than 52 weeks, provided the claimant meets the eligibility requirements during the week for which the claim is being filed.(7) If the claimant is employed not more than 4 weeks of predating shall be permitted.
A Referee granted Claimant's request to backdate his claim weeks to the weeks ending September 25, 2010, through October 30, 2010. Where a claimant is filing claims for partial or part-total benefits not more than 4 weeks predating shall be permitted, commencing with the date on which the employer paid wages for the claim week in question.8. 8 at 4, 5, and 7.) At that time, a Service Center representative informed Claimant that, because he had separated from the military, he could not file a claim until he received the DD-214 form.
On May 3, 2011, Claimant requested backdating of his application for unemployment compensation benefits to June 13, 2010, along with backdating for the waiting week ending June 19, 2010, and the claim weeks ending June 26, 2010, through September 4, 2010. Specifically, Claimant testified that he contacted the Service Center in June 2010 to inquire about filing a claim petition—i.e., an application. (Id.) Claimant explains in his brief that he continued to call every few weeks, and he received the same information each time until he called in September. at 5.) Claimant contends that during a phone call that he placed to the Service Center in September 2010, another Service Center representative informed him that the Service Center could open a claim, but that the claim would not be valid until the Service Center received the DD-214 form. 8 at 7.) The Board appears to have credited Claimant's testimony that he attempted to apply for benefits in June 2010, but he was misinformed by the Service Center that he could not do anything until he received his DD-214 form.