UI / DE 8313D

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EDD Employment Development Department State of California Logo

 

Notice of Ineligibility for Trade Adjustment Assistance (TAA) / Trade Readjustment Allowances (TRA) Under the Trade Act of 1974, as Amended

 
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Petition No.: Blank space
Social Security No.:
‎‎XXX-XX- Blank space
Field Office No.: Blank space
    5. Blank line 
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      1. a.
        Total weeks worked at $30.00 or more per week in adversely affected employment:
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      2. b.
        Total allowable weeks of qualifying nonwork (type:Blank Line______________ ):
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      3. Total:
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      1. 1.
        The last day of the 16th week following your most recent qualifying separation which is Blank Line______________ ; or
      2. 2.
        The last day of the 8th week after the week in which the Secretary of Labor issued a certification under which you are covered which is Blank Line______________
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  3. Job search allowance by Blank Line________________ or 182 days after completion of training.
    Relocation allowance by Blank Line________________ or 182 days after completion of training.
 

-APPEAL RIGHTS ON REVERSE-

Special Claims Office 850 P.O. Box 419076 Rancho Cordova, CA 95741-9076

DE 8313D Rev. 7 (3-22) (INTRANET)

SAMPLE, this page for reference only

APPEAL RIGHTS (Please Read Carefully)

You have the right to file an appeal if you do not agree with all or part of this decision. To appeal, you must write a letter stating that you want to appeal. Explain why you do not agree with the decision. Write your Social Security number on your letter. (Title 22, California Code of Regulations, section 5022.) Mail your appeal to the address shown on the front. (Title 22, California Code of Regulations, section 5023 and 20 CFR, section 617.51.) File your appeal within 20 days of the mail date of this notice or no later than Blank line
When your appeal is received, your case will be reviewed. If the decision is still the same, we will send your appeal to the Office of Appeals. If you appeal after 20 days, you must show good cause for the delay or the Administrative Law Judge may dismiss your appeal.
The Office of Appeals will send you a letter with the date, place, and time of your hearing. At the hearing, the Administrative Law Judge will listen to you, examine the facts, and make a decision. You may bring a representative or someone else for assistance. For more information or help with your appeal, please call the Employment Development Department (EDD) at 1-800-300-5616.
While your appeal is pending, you must continue to complete and mail weekly continued claim forms. If you do not get claim forms or a hearing letter, contact the Employment Development Department (EDD) at 1-800-300-5616. If the judge decides you can be paid, we can only pay if the claim forms were received.
INTERVIEWER
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Initials
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Date Signed

Explanations of Sections of the Trade Act of 1974, as Amended

Sec. 231 ‎(19 USC 2291, 20 CFR 617.11)

  • In order to qualify for a basic claim for Trade Readjustment Allowances (TRA), an individual must be an ADVERSELY AFFECTED WORKER who is covered by a Department of Labor certification.
  • That separation must have occurred on or after the Impact Date specified in the certification and before the certification ends.
  • The individual must have worked and earned a minimum of $30.00 per week in ADVERSELY AFFECTED EMPLOYMENT during each of at least 26 of the 52 weeks preceding his/her layoff. EXCEPTION: For a worker who has less than 26 qualifying weeks of work, up to 7 weeks of specified kinds of nonwork may be combined with weeks of work to meet the “26 weeks” requirement. Up to 7 allowable nonwork weeks may be employer-approved leave for maternity, illness, inactive duty (or active duty for training) in the armed forces, or to serve as a union representative. Up to 26 weeks of compensable disability (Workers’ Compensation) may be used to meet the “26 weeks” requirement.
  • The worker must have been entitled to UI benefits or waiting period credit for a week during the benefit year of the Controlling UI Claim*.
  • TRA weekly benefits are not payable for any week that began within 60 days after the petition filing date OR for any week for which the worker has UI entitlement, including entitlement to extended benefits.
  • The worker must have exhausted all rights to any UI benefits to which he/she is entitled (or would have been entitled to if the individual had applied.)
  • The first week of entitlement to a payment of TRA shall be the later of: the first week beginning more than 60 days after the filing date of the petition; OR, the first week beginning after the individual’s exhaustion of all rights to UI benefits, including waiting period credit.

Sec. 247 (19 USC 2319, 20 CFR 617.3)

  • An ADVERSELY AFFECTED WORKER is one who was separated from adversely affected employment because of LACK OF WORK.

Training, Job Search, Relocation

As an adversely affected worker, you may qualify for other kinds of Trade Adjustment Assistance whether or not you are receiving TRA weekly benefits. If your job prospects are poor in your usual occupation, you may apply for:

  • TRAINING: California UI law now provides that if a request for training is TAA-approved, you may receive any UI benefits to which you are entitled and availability and seek-work requirements are waived while you attend training. Also, you may receive training-related costs that include tuition, books, materials, and, in some cases, travel and subsistence allowances.
  • JOB SEARCH AND RELOCATION: If you have no reasonable expectation of obtaining suitable work within your commuting area, you may be able to receive financial assistance to seek work elsewhere. If you obtain work in another area, you may apply for relocation allowances to assist in moving family and household goods to the new location. APPLICATIONS MUST BE MADE IN ADVANCE of a job search or relocation in order to receive approval for payment.

PLEASE CONTACT THE EDD IMMEDIATELY AT 1-800-300-5616 IF YOU ARE INTERESTED IN ANY OF THESE TAA PROGRAMS. TIME LIMITS APPLY.

*The Controlling UI Claim* is the UI claim that was in effect at the time of the worker’s separation, or if none was in effect, the first UI claim that began after that separation.

DE 8313D Rev. 7 (3-22) (INTRANET)