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Employment Development Department
Employment Development Department

Miscellaneous MI 35 - Reason for Decision

Assessing and Removing Disqualifications

I. DISQUALIFICATION

Effective January 1, 2006, Assembly Bill 1577 (Chapter 152, Statutes of 2005) renumbered UI Code Section 1256.5 for separations due to the use of Intoxicants (TOX) to 1256.4. Therefore, any separations involving a TOX issue when the last date worked is before January 1, 2006, are to be adjudicated under the former UI Code Section 1256.5. Separations involving a TOX issue when the last date worked is on or after January 1, 2006, are to be adjudicated under UI Code Section 1256.4. No provisions of the law were changed other than the renumbering of the Code Section.

A. Prior Disqualification Not Lifted/Purged

For A &A Lift Denied, enter Code Section 1253c, issue AA

For NR Lift Denied, enter Code Section 1253b, issue NR

For MC/VQ - Insuffient Earnings to Purge, enter Code Section 1260a, issue PUR

For TOX - Insufficient Earnings to purge, No Treatment Program, enter Code Section 1256.5, issue TOX (for separation date occurring before January 1, 2006). Enter Code Section 1256.4; issue TOX (for separation date occurring on or after January 1, 2006).

You have requested reopening of your claim. After considering available information, the Department finds that you have not met the conditions required to reopen your claim.

B. False Statement - Reporting Requirements Not Satisfied

Enter Code Section:

1260c1 for 2-15 week statement,

1260d for 5-15 week statement,

issue PUR and Reason for Decision MI35 B.

On (date), you were denied benefits until you submitted claim forms for (number of) eligible weeks. Available information shows you have not met the legal requirements for reopening your claim.

II. ELIGIBLE

AA. Sufficient Earnings to Purge Prior Disqualification

For VQ and MC; enter Code Section 1260a, issue PUR. For TOX, enter Code Section 1256.5; issue TOX (for separation date occurring before January 1, 2006). Use Code Section 1256.4; issue TOX (for separation date occurring on or after January 1, 2006).

You were previously notified that the claimant was denied benefits. As of (date of AC or NC), the disqualification has ended because the claimant has earned the wages required to end the disqualification. This decision does not change the ruling you previously received.

BB. Other Acts to Qualify to Lift Prior Disqualification - TOX, A &A, SCH, Etc.

(Enter the same section and issue as used to assess the disqualification, and Reason for Decision MI35 BB.)

You were previously notified that the claimant was denied benefits. As of (date of AC or NC), the disqualification has ended because the claimant has met the criteria required to end the disqualification. This decision does not change the ruling you previously received.

CC. Sufficient Earnings to Purge Prior Disqualification (Disqualification Assessed and Lifted at the Same Time)

For VQ and MC; enter Code Section 1260a, issue PUR. For TOX, enter Code Section 1256.5; issue TOX (for separation date occurring before January 1, 2006). Use Code Section 1256.4; issue TOX (for separation date occurring on or after January 1, 2006).

As of (date of AC or NC), the disqualification has ended because the claimant has earned the wages required to end the disqualification.

DD. Other Acts to Qualify to Lift Prior Disqualification - TOX, A &A, SCH, Etc. (Disqualification Assessed and Lifted at the Same Time

(Enter the same section and issue as used to assess the disqualification, and Reason for Decision MI35 DD.)

As of (date of AC, RC or NC), the disqualification has ended because the claimant has met the criteria required to end the disqualification.