Current through Register Vol. XLI, No. 50, December 13, 2024
Section 83-1-13 - Claims and Registration13.1. Claims and registration.(A) Any individual initially claiming benefits shall (1) file a new claim for benefits at the local unemployment compensation claims office where he is available for work and shall (2) file an application for work at the local public employment office where he is available for work. Individuals who belong to a union which refers members to employment from a union hall, or are partially unemployed, or have a definite return-to-work date (provided that the return-to-work date is within a three-week period beginning with the Sunday of the week in which the claimant was notified of the return-to-work date), may be considered as registered for work when they file a claim for benefits. Unemployment compensation staff shall determine which claimants must report to the local public employment office to file an application for work.(B) In order to establish eligibility for benefits or for waiting-period credit for weeks of total unemployment during a continuous period of total unemployment, the claimant shall file his continued claim for benefits as instructed at the local unemployment compensation claims office where he filed his initial claim for benefits to file his claims for waiting-period credit and his first compensable week; thereafter, he shall be permitted to file weekly or biweekly his continued claim for benefits by mail, on prescribed forms furnished by the Unemployment Compensation Section of the West Virginia Division of Employment Security.(C) Whenever the claimant (1) returns to work in regular or temporary employment for five (5) consecutive days or more, or (2) whenever questions about his rights to benefits are raised by circumstances such as (a) the conditions or circumstances of his separation from employment; (b) his answers to questions on mail claim(s) indicates he may be unable to work or that there may be undue restrictions on his availability for work or that his search for work may be inadequate or that he may be disqualified; (c) his answers to questions on mail claims create uncertainty about his credibility or indicate a lack of understanding of the applicable requirements; or (d) the claimant's record shows that he has previously filed a fraudulent claim, the claimant shall again report in person at the local unemployment compensation claims office where he has been filing his claim by mail to file his claim for benefits or to clear up the matter(s) which caused him to report in person. Thereafter, he may continue to file his claim for benefits weekly or biweekly by mail.(D) The Commissioner, for reasons found to constitute good cause for an individual's inability to report either by mail or in person to the local unemployment compensation claims office at which he has been filing his claims for benefits and is registered for work, may permit such individual to report in person or by mail to any other unemployment compensation claims office in accordance with the procedure for transfer of claims.13.2. Claims filed before or after regular reporting day by individuals located in area of full-time employment office. (A) The Commissioner for reasons found to constitute good cause for any individual's failure to file his continued claim on his regular reporting day may accept a continued claim for such individual if such continued claim is filed within ten (10) days from his regular reporting day for the week for which he is claiming benefits for total unemployment. Further, if the Commissioner determines the reasons constitute good case and such reasons were beyond the individual's control, the Commissioner, at his descretion, may extend the ten-day limit to ensure that a penalty, if any is imposed, is reasonable and just.(B) An individual who has returned to employment may at any time within ten (10) days from his regular reporting day file such continued claim by mail at the local unemployment compensation claims office where he had been filing prior to his return to employment.(C) An individual who cannot file a continued claim on his regular reporting day because of his own illness or disability may be allowed to file such continued claim at any time within ten (10) days from his regular reporting day: Provided, That such individual shall bring a certificate from his physician which will state (a) that the individual was not able to file his claim on his regular reporting day; (b) the nature of the illness or disability or, if such information is privileged or confidential, that the undisclosed illness or disability was of a nature to prevent the claimant's filing his claim on his regular reporting day; and (c) the date on which the individual first became able to file his claim. Provided further, that nothing in this regulation shall be construed to mean that an individual may be paid benefits for any period in which he was not able to work.13.3. Claims and registration for individuals located in isolated areas. (A) In order to claim benefits or waiting-period credit for total unemployment, any individual located in an isolated area served only by the itinerant service of the local unemployment compensation claims office shall report in person to such itinerant service at the first available opportunity therefore next following his total unemployment and shall (a) register for work, and (b) file a claim for benefits.(B) In order to establish eligibility for benefits or for a waiting-period credit for weeks of total unemployment during a continuous period of total unemployment, the claimant shall continue to file continued claims for benefits on the dates specified for reporting.(C) An individual who has returned to employment may at any time within ten (10) days from his regular reporting day file such continued claim by mail at the local unemployment compensation claims office where he had been filing prior to his return to employment.(D) If the claimant is unable to report and file his claim on his regular reporting day because he was seeking work on that day, or because he was ill or disabled on such day, he shall be permitted upon submitting sufficient proof thereof to file his claim within ten (10) days from said regular reporting day.13.4. Mail claims. Notwithstanding the provisions of paragraphs (a), (b) and (c) of subsection 13.1 a claimant must be permitted to file a claim by mail in any of the following circumstances:
(A) The claimant is located in an area requiring the expenditure of an unreasonable amount of time or money in traveling to the nearest facility established by the state agency for filing claims in person.(B) Conditions make it impracticable for the Unemployment Compensation Section of the West Virginia Division of Employment Security to take claims in person.(C) The claimant has returned to full-time work on or before the scheduled date for filing a claim: Provided, That the claimant is unable to file his claim as provided in subsection 13.1(d) of these Regulations.(D) An individual filing continued claims by mail may not date and mail his claim for benefits before Sunday, nor later than Tuesday, of the next week following the end of the last week ending date shown on the prescribed weekly certification claim form. However, for good cause shown, the individual may be permitted to file his claim within ten (10) days after his regular filing date as provided in Section 13.2 of these Regulations.