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Old 07-20-2010, 11:20 AM
 
10 posts, read 86,299 times
Reputation: 19

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and then have the CA EDD tell you, that the tax branch (or anyone else in EDD) disagrees with the judges decision?
I was told by an "appeals specialist at EDD" that the tax branch of EDD has the same authority as a judge and can overrule a decision if they feel it was an "incorrect ruling."

Is this true? This doesn't even sound legal.

I am still waiting for a decision, they said that I would receive a letter of their final decision, I thought once an appeal judge makes a decision that was pretty much it.

Do you think I need to get a lawyer? I feel like the EDD is trying to pull one over on me. again.
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Old 07-20-2010, 11:21 AM
 
Location: Barrio Logan/Shelltown
8,784 posts, read 12,297,382 times
Reputation: 4736
I think it depends on the situation.
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Old 07-20-2010, 07:39 PM
 
10 posts, read 86,299 times
Reputation: 19
wow, great advise!
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Old 08-20-2010, 07:15 PM
 
Location: Grass Valley,CA.
1,005 posts, read 1,231,580 times
Reputation: 501
Three of my peers won their appeals and a fourth lost twice. She is probably SOL.
I only had to do a telephone interview; that was five months ago.
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Old 08-20-2010, 09:38 PM
 
12 posts, read 54,743 times
Reputation: 15
What were you appealing about? It does sound strange. Why would they bother having it go to a judge if they knew it would be overridden after.
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Old 08-21-2010, 12:11 AM
 
7,877 posts, read 8,449,386 times
Reputation: 10795
I am a little confused. My nephew did an appeal and he won in CA.

Could you provide a little more detail? He had the appeal and about 3 week later he received a letter stating that EDD sided with him.

The employer tried to say he quit when he didn't.
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Old 08-21-2010, 12:12 AM
 
Location: southern california
49,725 posts, read 46,804,402 times
Reputation: 40947
yes i have.
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Old 03-18-2011, 04:38 PM
 
1 posts, read 24,879 times
Reputation: 11
I had an appeal hearing in CA, and just got denied. They sent me paperwork to re-appeal... what the heck am I supposed to do in the meanwhile. I already have no place to live, no money coming in, and so I am moving from friend to friend and son to niece for a night of sleep. I was terminated because I had 9 surgeries in a year, my disability ran out, and EDD told me to apply for unemployment - which I did, but because I was still on disability from my doctor, the closed my case.! What the heck? EDD told me to apply for unemployment, I did, and they close my case? They sent me a letter to appeal, I never got it in the mail, I applied again, got the letter finally, went in to see the 'judge' and was told 6-8 weeks for a decision....!! Now I get a letter of denial??? I have applied for over 60 jobs, NOTHING not even an interview so far. Must I kill myself for them to have them notice my situation?
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Old 04-06-2011, 11:42 PM
 
1 posts, read 24,683 times
Reputation: 11
Default Strange stuff happening at EDD

Hey, everyone. I don't participate in any forums - until now. I did a google on "problems with the EDD" and here I am.

Anyway - YES - something's going on within the EDD alright. Feels very strange. I had an interview in Dec '10, - the interviewer actually HUNG UP on me. Then threw every charge at me she could come up with. Serious stuff.

Very strange. It was so harsh, I actually froze up in fear. I made some progress in my first appeal, but WOW. The ALJ actually perpetuated some of the crap the interviewer made up. Now I'm doing my 2nd level appeal.

Anyway -

I've had two department employees hang up on me, one shunt me to an unused extension when I asked to be informed about the department's formal complaint process, and actually had an ALJ (a f'ing JUDGE) accuse me in not-so-subtle terms, just yesterday, that I was a sore loser! F'ing unbelievable.

When I mentioned some of this to one of the clerks, she said there are a growing number of complaints. Something is going on, people. SHE actually offered - and gave me - the phone number for the complaint line.

I would really appreciate hearing from anyone who also is experiencing a level of **** that feels WAY out of proportion to their case. Real stuff only, though, please.

Don't hesitate to write == Dave
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Old 04-09-2011, 11:57 AM
 
Location: San Diego
189 posts, read 577,910 times
Reputation: 77
I've had at least one person hang up on me on the phone when I asked to speak to someone else because he didn't seem to know English very well and he didn't know what he was talking about when I asked him my question. I think I accidentally got hung up on a couple of times, not on purpose.

But, yes, I've had interviewers not let me speak at all and just shove words in my mouth before they hung up on me. But, nothing really serious lately. Mostly, people there have been really nice to me, though every time I called, I got a different answer to the same question.

But, I can't answer the OP's question as I've never appealed anything before.
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