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California EDD Appeal/Extensions

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California EDD Appeal/Extensions

Post by tommykk on Wed Feb 23, 2011 4:02 pm

Ok I filed original claim in June 2008 and received max benefits of 450 wk. Now I have been going along and in June 2009 EDD auto filed my claim for me. In June 2010 I was just approved to receive my third fed extension when all the sudden i stopped receiving my checks.

I called edd and they told me that i was required to file a new claim for calendar year 2009. Well in calendar year 2009 i worked one week and made approx $1,400. So EDD sstopped paying me on my federal extension monies and started paying me based upon the new benefits calculationion which turned out to be $41. So actually my benefits went from the max to the min because i did the correct thing and accepted a few days of work as a background actor. this is a totally different field than my profession but the opportunity came up and i felt obligated to do it. In addition, I reported all wages on my claim forms.

As you can imagine i was shocked and very very upset that EDD was doing this especially because my third, fourth and fed-ed extensions were still available on that original June 2008 Claim. So I appealed the decision and won. However in the decision the judge overturned EDD's decision to stop fed extension money and pay new claim benefit amounts, and stated that all claims with federal extension monies available should be exhausted before any new claim benefit distributions.

EDD did not appeal that nor did they recognize anything other than the benefit calculation portion of the judges order. So After EDD exhausted the new June 2010 claim, Which paid me the min benefit amount. In November of 2010 I started receiving the federal extension monies based upon the June 2008 claim becaus ethe June 2010 claim was exhausted and i still had eligibility on the 2008 claim. So i received the max benefits again for half of Nov and all of Dec 2010. But I had no way of knowing what pool the funds were coming from because my checks didn't show any detail. I presume these were funds that were drawn from my third federal extension but I dont know. At the end of Dec. 2010 all my payments stopped and i didnt hear anything else.

So I contacted EDD and enquired hey where are my benefiots and they are now telling me Im not eligible for any more benefits, So I think not only am I eligibkl for the fourth federeal extension but i should be eligible for the final fed ed extension as well. i have only collected less than 75 weeks of benefits but EDD has told my im not eligible for the fed ed final extension because of the June 2010 claim that I was required to file by them.

I think they are not only purposely trying to find any reason to end my claim i have a strong feeling that possible unethical behaviour has been demonstrated.

Can anyone provide me with some guidance? I presume that I am going to have to appeal the decision to deny the fed-ed extension but i dont know how to address the fact that i should be eligible for the fourth federal extension as well. In addition, If both those fail, then I should be eligible to collect the final 20 weeks on the 2009 claim that edd filed for me automatically.

tommykk
Member

Posts : 6
Join date : 2011-02-23

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