West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-13 - Claims and Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. 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.