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Employment Development Department
Employment Development Department

Miscellaneous MI 30 - Reason for Decision

Cancellation of Claims

I. DISQUALIFICATIONS

NOTE: Enter "IRR" as the issue for all reason for decision statements listed below. The appropriate code section to enter is listed at the end of each reason for decision title.

A. IRR-Denial of Cancellation of Claim-Solway Requirements Not Met-More Than Thirty Days -- Section 1276

You requested cancellation of a valid claim which was effective (1) (BYB). The information available indicates that more than thirty days have elapsed since the notice of computation was mailed/issued on your claim. Therefore, the requirements established by the Solway court case for canceling a claim have not been met.

B. IRR-Denial of Cancellation of Claim-Solway Requirements Not Met-Received and Cashed Check -- Section 1276

You requested cancellation of a valid claim which was effective (1) (BYB). You have received and cashed one or more of your benefit checks. Therefore, the requirements established by the Solway court case for canceling a claim have not been met.

C. IRR-Denial of Cancellation of Claim-Solway Requirements Not Met-Previously Disqualified -- Section 1276

You requested cancellation of a valid claim which was effective (1) (BYB). As you were issued a disqualification (2) (mailing date of DE 1080), the requirements established by the Solway court case for canceling the claim have not been met.

D. IRR-Denial of Backdating-Solway Option Previously Exercised – Section 1276

You requested cancellation of your valid claim which was effective (1a) (BYB) and requested to file another claim effective (1b) (desired BYB). The information available shows that you previously filed a claim beginning (2) (earlier BYB), which was canceled at your request. Under these circumstances, there is no basis for canceling your present claim.

H. IRR-Denial of Claim Cancellation-Payments Issued on Claim – Section 1329.1

You requested cancellation of your valid claim which has a beginning date of (BYB). The Department has issued you UI benefit payments on this claim by check and/or electronically. Therefore, the Department finds that you do not meet the legal requirements for canceling this claim pursuant to CUIC section 1329.1. 

I. IRR-Denial of Claim Cancellation-Claimant Disqualified on Claim – Section 1329.1

You requested cancellation of this valid claim which has a beginning date of (BYB). You were previously disqualified from receiving UI benefits on this claim and mailed a notice of disqualification on (mail date of DE1080CZ). Therefore, the Department finds that you do not meet the legal requirements for canceling this claim pursuant to CUIC section 1329.1.

J. IRR-Denial of Claim Cancellation-Claimant Overpaid on Current Claim – Section 1329.1

You requested cancellation of your valid claim which has a beginning date of (BYB). The information available shows that you have been overpaid UI benefits on this claim. Therefore, the Department finds that you do not meet the legal requirements for canceling this claim pursuant to CUIC section 1329.1.

K. IRR-Denial of Claim Cancellation-Cancellation Not Requested Within Benefit Year – Section 1329.1

Additionally, the Department finds that you do not meet the legal requirements for canceling your claim pursuant to CUIC section 1332(c). On (date cancellation requested) you requested cancellation of your valid claim which has a beginning date of (BYB). Section 1332(c) provides that the Department can only reconsider a computation or recomputation of a claim, which includes canceling a claim, during the benefit year of that claim or, in the case of a FED-ED extension, during the extended duration period. Since you did not request to cancel your claim during the 52-week benefit year (or the FED-ED extended duration period), the Department finds that you do not meet the legal requirements to cancel your claim under CUIC section 1332(c).

II. ELIGIBLE-NO STATEMENTS