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Connor O'Neill

Can you collect unemployment if you are self employed in California?

So I've been running my own freelance graphic design business for the past two years, mostly project-based contracts with a handful of regular clients. One of my biggest clients just cut their entire creative budget and another paused all projects indefinitely, so I've lost about 70% of my income basically overnight. I still have one small client bringing in maybe $400-500 a month but it's nowhere near enough to cover rent and expenses. I started looking into filing for unemployment through California EDD but everything I'm reading is confusing me. I know traditional unemployment is for people who got laid off from a W-2 job, but I've also had some part-time W-2 work mixed in over the past 18 months doing design work for a local agency — maybe 8-9 months worth of regular paychecks from them before they let me go earlier this year. So my question is: can you collect unemployment if you are self employed, or does the W-2 history I have change anything? I genuinely don't know if I'm eligible or if I'm wasting my time trying to file. The California EDD website is not exactly written in plain English and I can't get anyone on the phone to explain my specific situation.

Short answer: your self-employment income alone won't qualify you for regular UI benefits in California, BUT the W-2 wages from that agency you mentioned could absolutely be the key here. California EDD bases regular unemployment eligibility on wages earned from traditional employment — meaning jobs where your employer paid into the UI tax system on your behalf. Self-employed people don't pay into that system, so those earnings don't count toward your base period. Here's what matters for your situation: California EDD looks at a 12-month base period (they call it the standard base period) that covers roughly the first four of the last five completed calendar quarters before you file. If those 8-9 months of agency paychecks fall within that window and meet the minimum wage thresholds, you very likely qualify for regular UI benefits based on that W-2 work alone. File the claim and list your W-2 employer. You'll need to report any ongoing self-employment income when you certify each week, since that can affect your weekly benefit amount, but it doesn't automatically disqualify you.

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This is so helpful thank you. The agency paychecks were definitely within the last 18 months so they should fall in that base period window. I didn't realize the self-employment stuff was completely separate from eligibility — I was afraid it would just disqualify me outright.

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This is accurate. Worth adding that when you file your weekly certifications, you report gross self-employment earnings for that week, not what you actually receive in payments. A lot of freelancers get tripped up on that distinction because client payments often come in weeks after the work is done.

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wait so if someone is ONLY self employed with no w2 history at all they cant get anything?? thats what happened to me when my clients all disappeared last year i got nothing

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The person above is right about W-2 wages being what counts. I went through something similar — I was doing part-time freelance consulting on the side while working at a company, got laid off from the company, and California EDD only looked at my W-2 wages to calculate my weekly benefit amount. My consulting invoices were irrelevant for eligibility purposes. One thing to be aware of: once you're approved and certifying weekly, you have to be really careful about how you report ongoing self-employment work. California EDD treats active self-employment as a potential earnings issue. If you're still actively running your freelance business and accepting work (even if it's minimal), you need to report that honestly each week. The good news is that small amounts often don't fully reduce your benefit — there's a formula California EDD uses where the first 25% of your weekly benefit amount is disregarded before they start deducting.

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The 25% disregard thing is interesting — so if I earn like $200 in a week from that one small client, it doesn't just directly reduce my benefit dollar for dollar?

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Correct. California EDD uses what's called a partial benefit formula. They disregard the first 25% of your weekly benefit amount (WBA), then deduct anything above that from your benefit. So if your WBA is $400, the first $100 you earn is ignored, and only earnings above $100 get deducted from that week's payment. It actually makes it worthwhile to take small freelance jobs without losing your whole benefit.

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omg i wish i had known this when i was on unemployment two years ago. i was scared to do ANY work at all because i thought i'd get disqualified. probably left money on the table

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Filing tip from someone who just went through this exact process three months ago: when you actually file the initial claim on UI Online, there's a section where it asks about your employment history. List the W-2 agency job as your primary employer and reason for separation (laid off). You'll also have a chance to mention other sources of income. Be honest about the self-employment but emphasize that the main job loss was the W-2 position. Also — and I cannot stress this enough — if your claim goes into adjudication after you file, get someone on the phone ASAP. Don't just wait around hoping it resolves itself. I waited 3 weeks thinking it would auto-approve and it didn't. I eventually used a service called Claimyr (claimyr.com) that basically gets you connected to an actual California EDD agent without spending all day hitting redial. There's a demo video showing how it works at https://youtu.be/JmuwXR7HA10 — honestly wish I had found it on week one instead of week three.

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Adjudication is something I've been reading about and it sounds terrifying. Why would a claim like mine end up in adjudication?

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Claims with any complexity — like having both W-2 and self-employment income — can sometimes trigger a manual review. It's not always a bad sign, it just means a human needs to look at it. But it can delay your first payment by weeks if nobody follows up.

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seconding Claimyr, I used it when my claim got stuck in pending status and actually talked to someone within a couple hours. the regular 1-800 number was useless for me, kept getting the busy signal message and hanging up on me

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how much does claimyr cost tho

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I want to flag something that might be relevant here. The question 'can you collect unemployment if you are self employed' actually has a slightly different answer depending on whether your self-employment is structured as a sole proprietor vs. an S-corp or LLC where you pay yourself a salary. If you formed an LLC and elected S-corp status and have been paying yourself W-2 wages through the business, those wages WOULD count toward your UI eligibility — BUT only if you've been paying into the California state UI tax (SDI/UI withholding) on those wages. Many small business owners with S-corps don't realize they might actually have UI coverage if they set up payroll correctly and have been paying employment taxes. For a straight sole proprietor/1099 freelancer situation with no W-2 history at all, regular California EDD benefits are not available to you.

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I'm a sole proprietor, no LLC or S-corp situation. So for me it's really just about that agency work showing up in the base period.

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Right, the S-corp payroll path is an interesting technicality but requires that the person was actually running payroll through the business and paying UI taxes — most freelancers aren't doing that. Good information though for people who have that structure.

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wait so all those gig workers on apps like rover and whatever have literally no recourse if their income dries up?? thats messed up

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just want to say this thread is super informative. i've been self employed for 4 years and had no idea any of this. bookmarking for later

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Same honestly, I went in thinking I had zero options and now it seems like I might actually qualify based on the agency work.

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yeah the California EDD website does NOT explain any of this clearly. took me going down a reddit rabbit hole to understand my own eligibility when I filed

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One more thing worth understanding before you file: the base period calculation. California EDD uses what they call the Standard Base Period, which is the first four of the last five completed calendar quarters before your claim date. So if you file in, say, May 2025, the standard base period would look at: Q4 2023 (Oct-Dec), Q1 2024 (Jan-Mar), Q2 2024 (Apr-Jun), and Q3 2024 (Jul-Sep). The most recent full quarter (Q4 2024) and current quarter are NOT included in the standard calculation. If your agency W-2 work falls mostly in those four quarters, you're in good shape. If the wages are too recent and fall in the excluded period, California EDD also offers an Alternate Base Period that uses the four most recently completed calendar quarters — you can request this if the standard base period doesn't show enough wages to qualify.

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Okay this is crucial information. My agency work was primarily from about 14-20 months ago so it should definitely fall within that standard base period window. I'm going to go ahead and file.

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Good plan. And if for some reason the standard base period calculation comes back showing you don't meet the minimum earnings threshold, immediately request consideration under the Alternate Base Period before accepting any denial. Don't just take no for an answer without checking both calculation methods.

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This is one of the things California EDD doesn't proactively tell you — they don't automatically check both base periods. You often have to know to ask for the alternate base period specifically.

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omg i never knew there were two different base periods. I got denied like two years ago and just accepted it. wonder if i would have qualified under the alternate one

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Okay I have a question that's kind of related — what if you're self employed AND you got laid off from a part time w2 job at the same time? Like the freelance income is bigger than the W2 income was. Does California EDD still use only the W2 wages for your weekly benefit amount or does any of the self employment income factor in at all?

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Eligibility and benefit calculation are both based solely on your W-2 wages in the base period. The self-employment income doesn't increase your weekly benefit amount. However, as mentioned earlier in this thread, once you're receiving benefits, ongoing self-employment earnings get reported weekly and are factored into partial benefit payments using the 25% disregard formula.

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that seems kind of unfair if your self employment income is higher but i guess i understand the logic since you weren't paying into the UI system on that income

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Exactly right. The system is funded by employer UI tax contributions on W-2 wages. Self-employment doesn't contribute to that fund, which is why it doesn't generate eligibility. It's the structural reason why gig economy workers have historically had such limited access to unemployment protection.

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UGHHH I really needed this thread like 6 months ago. I'm a photographer, all self-employed, zero W-2 work. When my wedding bookings tanked I called California EDD probably 30 times trying to find out if there was ANY program that could help me. Never got through to anyone. Eventually gave up. Is there seriously nothing for purely self-employed people right now outside of extreme circumstances like a declared disaster?

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For regular ongoing situations (not disaster-related), you're right that traditional UI is not available to purely self-employed individuals in California. Outside of federally declared disaster unemployment assistance programs — which are temporary and situation-specific — there's no standard program for self-employed claimants right now. The pandemic-era PUA program that covered gig workers ended years ago.

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Yeah that's what I figured. PUA is long gone. It's genuinely a gap in the safety net. Hopefully something changes eventually but not holding my breath with California EDD lol

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agree it's a huge gap. so many people are doing some form of freelance or gig work now and have basically no safety net

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For OP and anyone else navigating the California EDD phone system to follow up on a filed claim — the hold times are brutal. I spent a week trying to get through after my claim went into adjudication and could not get anyone to answer. A coworker told me about Claimyr and it was genuinely the only thing that worked for me. You go to claimyr.com, there's also a YouTube demo at https://youtu.be/JmuwXR7HA10 that shows exactly what the process looks like. Got connected to an actual California EDD agent who was able to look at my claim and explain exactly what was holding it up. Saved me weeks of waiting and stressing.

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I'm going to file first and hope it goes smoothly, but if I hit a wall I'll definitely check this out. The phone situation with California EDD sounds awful based on everything I've read.

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honestly should have tried this when i was going through it. how long does it actually take to get connected through claimyr?

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For me it was a couple hours but I've seen people say it varies. Either way way better than the endless busy signal loop

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tried calling California EDD myself last month and genuinely gave up after getting cut off 4 times. will try this next time

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One practical thing OP should do before filing: pull your Social Security earnings statement or ask the agency you worked for to provide your W-2 or a wage verification letter. Having exact figures for what you earned during your employment period helps you fill out the UI Online claim accurately and gives you something to reference if California EDD questions your wages later. Also make sure the separation reason is documented clearly — if you were laid off from the agency, make sure they have that on record as a layoff and not a voluntary quit or contract end, because that distinction matters for whether California EDD finds you eligible.

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They definitely laid me off — they sent a formal notice and everything. I have the email saved. Should I upload that documentation when I file or just keep it in case California EDD asks?

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Keep it readily accessible but you typically don't upload it during the initial filing. California EDD will contact your former employer to verify the separation. If there's any dispute about the reason for separation, that's when you'd want to submit your documentation during the adjudication process.

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This is a good point. The employer verification step is where simple claims can sometimes get complicated — if the former employer responds with different information than what you reported, that triggers adjudication. Having your documentation ready matters.

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this is a really good thread. one thing i'll add from my experience: when you file on UI Online, answer every question carefully and don't rush. i made the mistake of misunderstanding one question about 'able and available to work' and it caused issues with my claim. make sure you answer yes to being able and available unless you literally cannot work at all.

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Good call, I'll take my time with each question. The 'able and available' language is something I've seen mentioned a lot — does being self-employed affect how I answer that?

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being self employed doesn't automatically make you unavailable for work. you answer based on whether you're genuinely available to take a full time job if offered one. since your freelance is now just one small client you'd presumably say yes

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Correct. The self-employment doesn't make you 'not available' — you're still able to seek and accept full-time employment. You'd just continue the freelance work on the side and report those earnings each week.

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do you have to do the job search requirements even if you're self employed and trying to build your freelance back up? like can you count sending proposals to potential clients as job search activities?

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Good question. California EDD requires you to make three job search contacts per week during most weeks on UI. Whether freelance proposal activity counts as a qualifying job search contact depends on interpretation, but generally California EDD wants to see you pursuing traditional employment opportunities as well — not just self-employment work. I would not rely solely on freelance proposals as your three weekly contacts.

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ugh that's annoying. so even if i'm trying to grow my own business i still have to also be applying to regular jobs?

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Yes, unless you apply for and are granted 'standby' status, which allows temporary exemption from job search requirements under specific circumstances. But standby has its own eligibility criteria and isn't automatic — you'd need to have an expected return-to-work date with a specific employer, which doesn't really fit the freelance scenario.

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the job search requirement thing always confused me. i was doing the three contacts a week but i wasn't keeping a proper log and i panicked every time i certified thinking i was going to get caught. California EDD rarely audits it but technically you should keep records

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Can I ask a dumb question — if you're collecting unemployment and you land a new full time job, do you just stop certifying? Like there's no formal 'closing out' process you have to do with California EDD?

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You stop certifying when you return to full-time work. You don't need to formally notify California EDD — the certifications just end. However, you do need to accurately report your earnings during any partial weeks. So if you start a new job on a Wednesday and you worked the rest of that week, you'd report those earnings on your certification for that week and your benefit would be reduced accordingly.

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Okay that makes sense. I was worried there was some complicated process to close out a claim.

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nope pretty simple, just stop certifying. your claim just stays open technically but inactive until the benefit year expires

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Update for OP in case this matters: California EDD has an online chat feature and also allows you to submit questions through UI Online's messaging center. It's not as fast as talking to someone but for basic eligibility questions before you file, it can be useful. I got a written response within about 4 business days that actually addressed my specific question clearly. That said, once you have a live claim, especially one with any complexity, talking to an actual agent is really the only way to get real answers. The messaging center responses get very generic once your claim is filed and adjudication is involved.

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Good to know! I'll try the messaging center for any questions before I file, then if something goes sideways after filing I'll look at options for getting a real person on the phone.

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The chat feature is honestly hit or miss. Sometimes you get someone useful, sometimes you get the same canned responses you'd find on the FAQ page. Don't count on it for anything complicated.

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Yeah for pre-filing general questions it's fine. But once you're in adjudication or have a specific hold on your claim, you need to actually speak to someone. That's when the tools like Claimyr become worth it — claimyr.com — because getting through the regular phone lines for something claim-specific is nearly impossible.

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I work as an accountant and have several self-employed clients who've come to me with this exact question over the years. The short version: purely self-employed = not eligible for traditional California UI. Has W-2 history mixed in = potentially eligible based only on those W-2 wages. The issue I see most often is people who did W-2 work years ago and assume it still counts. It doesn't. The base period is specific and typically only goes back about 18 months from your filing date. Old W-2 wages from 3-4 years ago aren't going to help you qualify today. For OP's situation with recent W-2 agency work, the analysis looks favorable. File the claim, be transparent about the self-employment, report ongoing freelance earnings accurately each week, and don't panic if it goes into adjudication — that's common for claims with multiple income types.

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This is really reassuring coming from an accounting perspective. My W-2 work was all within the last 18 months so I should be within the window.

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Good practical summary. The 'old W-2 wages don't count' issue is something people get burned by regularly. California EDD's base period is specific enough that timing really matters.

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wish i had an accountant who knew this stuff when i was trying to figure out my situation lol

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does the alternate base period extend how far back they look or does it just shift the window?

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To answer the follow-up question about alternate base period: it shifts the window rather than extending how far back it reaches. The standard base period skips the most recent completed quarter and current quarter, using the four quarters before that. The alternate base period uses the four most recently completed calendar quarters instead — so it's actually MORE recent, not further back. This helps people who had wages recently but those wages fall in the excluded quarters under the standard calculation. It does not help people whose W-2 work is old.

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ohhhh that makes so much more sense. so alternate base period is for people whose recent work gets missed by the standard calculation, not for people trying to use old jobs

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Exactly. Classic scenario for alternate base period: you just got laid off after being hired six months ago. Your wages are so recent they fall in the excluded quarters under the standard base period calculation, so it looks like you have no qualifying wages. Alternate base period captures those recent wages.

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This is accurate and it's why California EDD's website language around 'insufficient wages' denials can be misleading — sometimes it's not that you don't have qualifying wages, it's that the standard calculation window missed them. Always ask about the alternate base period if you receive an insufficient wages denial.

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OP please come back and update us after you file!! I'm going through something very similar, also freelance with some W-2 history, and I've been too scared to file because I didn't know if I would qualify. This thread has actually given me the courage to try.

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I'll absolutely update. I'm going to file this week. Honestly this thread answered questions I couldn't find clear answers to anywhere on the California EDD website. Will report back on how the UI Online process goes and whether my claim goes into adjudication.

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good luck to both of you!! the waiting is the worst part

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Filing is the right move. The worst that happens is you get denied and have the option to appeal. Not filing means definitely getting nothing. The potential upside of a few months of partial income support is worth the hour it takes to complete the UI Online application.

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okay filing today. fingers crossed for both of us lol

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Late addition but wanted to share one more thing that tripped me up when I had a similar mixed-income situation: during your weekly certifications, California EDD asks if you did any work during the week. A lot of self-employed people aren't sure whether to answer yes or no when they didn't do any active work but are technically still 'in business.' The guidance I got from an agent was: if you didn't perform any services or receive any income that week from self-employment, you can answer no to the work question for that week. Just having a business registered doesn't count as doing work. But if you sent invoices, had client meetings, did any actual client work — that's a yes.

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This is SO important, thank you. I have weeks where literally nothing happens with my one remaining client — no work performed, no invoices sent. Good to know I can answer no for those weeks.

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This aligns with the guidance I've seen as well. The question is about actual services performed, not just the existence of a business. But when in doubt, reporting something rather than not reporting it is always the safer choice — California EDD is much more forgiving of honest disclosure than they are of anything that looks like unreported income.

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this is the kind of nuance that you really need to talk to an actual agent about for your specific situation. not saying anything in this thread is wrong just that weekly certification questions can be tricky and the stakes of getting it wrong are high

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