California EDD Appeal?

I need help with my battle against california edd. before i take the time to draft out the specifics, can someone please advise me where i should go to post this info so i dont anger anyone and i have the broadest reach to an audience that may be able to help? thanks.

Right here is the right spot. I am not in CA so I can't help, but hopefully someone from there will help. Sometimes it takes a little time.

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 asically 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 wrote: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 asically 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.

I think that you should be allowed to exhaust your tier benefits from the first claim, however from what I understand, once a second or third claim is open, you lose elgibility for Fed-ED from the first claim.

This is why we need someone to change the whole system. It is outdated and so confusing that many people do not even know what Tier they are on. The system has not changed since it's inception back in the depression days. Some one needs to get it up to 20th Century standards. This is also why so many people are constantly having some problem with it. I hope some Congressman can help make some positive changes to the system. It is so frustrating to so many people trying to get through the maze of red tape that they feel like giving up.

i actually am going to receive a call from my congressman adam schiff next week and im going to explain this to him as well. i just hope i can explain my case clearly in the amount of time i have with him on the phone so he understands the full gravity of the problem because i am not the only one facing this issue and when i say that i mean the UI benefit and EDD is punishing me for actually working in 2009, like i said i worked less than 7 days as a movie extra and made a total of $1350 for the entire year. I accepted the work because I had an opportunity to make some $ and believe in my heart its the right thing to do. I reported it and now i am paying the price. if i had turned down the opportunity to make this money, sure i wouldve forfeited the $1350 but i would be eligible for my last 20 week fed ed extension at $450/week for a total of ~ $9000. So at a time where i really need money to keep my family with food to eat and a roof over our head I made a poor decision that is costing me almost $8k.

tommykk

This is why I say the system needs to change.
It is not even in context with reality.
Why should someone be forced to put themselves in a spot like this were they have to make a decision that could cause forfeiture of their benefits?
With the unemployment benefit system rules we have now it puts us between a rock and a hard place. We are damned if we do and damned if we don't do something or other. We should be able to supplement our unemployment benefits up to a certain point without being penalized.
Especially do to the fact we are not living in normal times.
And it is so hard to survive.


Good luck with your case, hope you win this one.

Carol in CA wrote:tommykk

This is why I say the system needs to change.
It is not even in context with reality.
Why should someone be forced to put themselves in a spot like this were they have to make a decision that could cause forfeiture of their benefits?
With the unemployment benefit system rules we have now it puts us between a rock and a hard place. We are damned if we do and damned if we don't do something or other. We should be able to supplement our unemployment benefits up to a certain point without being penalized.
Especially do to the fact we are not living in normal times.
And it is so hard to survive.


Good luck with your case, hope you win this one.

The government actually tried to address this situation with the EUC fix, however certain states have decided not to apply it to EB or FED-ED benefits. HR. 4213 did not really address the last 20 weeks (EB/FED-ED) of the maximum about of extended benefits a claimant could receive. I think its left up to department whether or not to treat EB/Fed-ED like tier benefits.

Zak wrote:

Carol in CA wrote:tommykk

This is why I say the system needs to change.
It is not even in context with reality.
Why should someone be forced to put themselves in a spot like this were they have to make a decision that could cause forfeiture of their benefits?
With the unemployment benefit system rules we have now it puts us between a rock and a hard place. We are damned if we do and damned if we don't do something or other. We should be able to supplement our unemployment benefits up to a certain point without being penalized.
Especially do to the fact we are not living in normal times.
And it is so hard to survive.


Good luck with your case, hope you win this one.

The government actually tried to address this situation with the EUC fix, however certain states have decided not to apply it to EB or FED-ED benefits. HR. 4213 did not really address the last 20 weeks (EB/FED-ED) of the maximum about of extended benefits a claimant could receive. I think its left up to department whether or not to treat EB/Fed-ED like tier benefits.

There may be some info here that can help you:

http://www.nelp.org/page/-/UI/2010/Final%20EUC%20Fix%20QA.pdf