CHAPTER 20

CLAIMS FOR BENEFITS

Section 1.  Filing a New or Additional Claim for Benefits. Any individual claiming benefits for unemployment under the Wyoming Employment Security Law shall proceed as follows:

(a)             An individual may file an initial claim for unemployment benefits by telephone to the division's claim center or by Internet using the division's approved web site claim application. An individual may also file an initial claim at an employment center, in person, either by using the center's telephone to contact the division's claim center or by Internet using the division's approved web site claim application. The effective date of an initial claim shall be the Sunday of the calendar week in which the individual first completed an Internet claim, or completed a telephone claim through the claim center for the purpose of initiating an initial unemployment insurance claim, unless the claimant requests that the claim be effective the following Sunday or unless the claimant has excessive earnings during that week and is separated from employment. The effective date of the claim may be changed by the division for good cause. 

(b)             In order to meet the requirement of W.S. 27-3-401(a), a claimant shall provide all information required to establish or process a claim, including the claimant's social security number and information to establish the claimant's identity. If the claimant fails, without good cause, to provide information required under this section, the claimant shall not be eligible for benefits until the week in which the requested information is provided.

Section 2. Filing Continued Claims for Benefits

(a)             In order to maintain continuing eligibility for benefits with respect to any weeks of unemployment during any continuous period of unemployment, a claimant shall continue to file claims in the manner and on the dates as directed by the division. No continued claim shall be complete until the claimant files the claim by telephone to the division's voice response system or by Internet using the division's approved web site for continued claim. A claimant who does not have access to file by telephone or the division's approved web site, may receive division approval to receive paper continued claim forms to file by either fax or mail. A continued claim must be filed no later than Saturday, two weeks following the ending date covered by the claim. Failure to file continued claims within the time prescribed may be excused if good cause for the delay is established to the satisfaction of the division. On a continued claim the claimant shall set forth the following:

(i)             That he continues his claim for benefits.

(ii)            That during the period for which benefits are claimed he performed no work and earned no wages, except as reported thereon.

(iii)            That he was able to work, available for work, and actively seeking work, except as reported thereon.

(iv)             Such other information as is required by the telephone voice response system, the division's approved web site for continued claims, or a division approved form.

(b)        Where a continuous period of unemployment is terminated or interrupted by re-employment or any other event which prevents continuing eligibility for benefits, a claimant, in order to receive benefits for any week of unemployment for which he was in all respects eligible before such termination or interruption, may file for benefits for such weeks. The claim must be filed with the division by telephone to the division's voice response system, Internet using the division's approved web site for continued claims, in person at a local employment center, or on a division approved form within fourteen (14) days after the end of the week for which benefits are claimed. Failure to file within the time prescribed may be excused if good cause for such delay is established to the satisfaction of the division.

Section 3. Continuing of Claims When Claimant Moves to Another Locality. An individual moving to another locality after filing an initial claim for benefits may be permitted to continue his claim for unemployment by reporting to a local office in his new community, to an itinerant representative, by mail, or by telephone to the claim center or as directed by the division.

Section 4. Withdrawal of Initial Claim.  Initial claims may be withdrawn:

(a)          By the claimant, only on written request, if that request is filed within seven (7) days after the mailing of the first notice that the claimant is monetarily eligible, except as provided under the Interstate Agreement for Monetary Eligibility.

(b)         By the division:

(i)               If the claimant is not unemployed during the first week after the effective date of the initial claim; or

(ii)           If, as of the effective date of the claim, the claimant has not met the requirements of W.S. 27-3-306(d), or W.S. 27-3-311(a) and (f) after disqualification under that section.

Section 5. Continued Eligibility of Benefits.  In order to maintain continuing eligibility for benefits with respect to any weeks of unemployment during any continuous period of unemployment the claimant shall report in the manner and on the dates and times as directed by the division for the Eligibility Review Program, Benefit Accuracy Measurement review, Profiling interviews, Re-employment interviews or other interviews requested by the division. Failure to report at the scheduled time may be excused if good cause for such delay is established to the satisfaction of the division.

Section 6. Requested Information.  When a claimant fails to provide requested information that is necessary for making a determination he may not be eligible for benefits until the week in which the requested information is provided. The claimant may be considered eligible for all affected weeks if he provides the information in the protest period pursuant to W.S. 27-3-402(e).

Section 7. Benefit Payment.

(a)             All benefits shall be paid through the authorized method(s) selected by the division.

(b)            When confirmation of an electronic payment is received by the division, benefits are considered to have been paid to the claimant.

(c)             When the division pays electronically, the claimant's personal information shall remain confidential according to applicable statutes and commission rules.