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Old 10-16-2012, 10:58 AM
 
9 posts, read 95,561 times
Reputation: 16

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So my phone interview went bad. I had received some money during the year and I didnt put it down on my filing claim. So she said I was disqualified now. She said that they see if as fraud and they are going to spend my a letter of over payment that I need to payback, have you heard of know anyone of situation that this has happen to someone and what happened
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Old 10-16-2012, 11:24 AM
 
Location: Wisconsin
25,580 posts, read 56,497,864 times
Reputation: 23386
Quote:
Originally Posted by Rbrtito View Post
So my phone interview went bad. I had received some money during the year and I didnt put it down on my filing claim. So she said I was disqualified now. She said that they see if as fraud and they are going to spend my a letter of over payment that I need to payback, have you heard of know anyone of situation that this has happen to someone and what happened
Yes, we have had statements from people who were disqualified - usually only for a few weeks.

How much was the overpayment? Was it just for one week? I assume these were wages you neglected to report.

Usually what CA will do is disqualify you for the week in question, and perhaps issue a penalty waiting period of another few weeks before you can again collect. CA will take this overpayment from any future benefits owed.

The usual procedure is you continue to claim those penalty weeks until the penalty period has passed and then benefits resume.

You will need to post here exactly what the disqualification letter says.
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Old 10-16-2012, 12:58 PM
 
9 posts, read 95,561 times
Reputation: 16
I feel really stupid about everything now. I know I just put myself in a big hole. I have been working two days a week sometime 1 or none a week, to get experience in the automotive field. Started there around April or may of this year. I don't even pull $200 in two weeks, but I never claimed it on my forms so it was 5 or 6 months I didn't put I earn money. And I should have known better then that and know I feel so dumb and stressed out so much about what is going to happen now. Reading things and trying to figure out what will happen next is freckling me out and stressing me out where I just feel like breaking down now. Reading things like I will have to pay all of it back, felony, criminal fraud, jail. Quite honestly I feel like a dumb@'# right now and did this myself, and I don't know what to do right now or anymore, I'm quite freckling out and super stressed about what is going to happen now
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Old 10-16-2012, 01:25 PM
 
Location: Wisconsin
25,580 posts, read 56,497,864 times
Reputation: 23386
We haven't had reports from anyone who neglected to report income over an extended period. Those we've had involve maybe one check.

Failure to report income over a period of 5-6 months, when the claim form clearly asks if you've worked and earned money, is evidence of a pattern of fraud.

I have no idea how far California will go with this. Because CA does allow you to keep 25% of your earnings and will deduct the remaining 75% from your benefit check, if you earned hypothetically $2600 over 26 weeks, CA allows you keep $650. The remaining $1,950 CA will want back. In addition, in this case, CA will probably also assess fraud penalties. CA may also file a court judgment for the monies owed in this case, as well, and preclude you from collecting benefits on any new claims for a period of time. Whether or not it will file criminal charges will depend on how CA perceives the severity of this fraud, but there is no certainty on that, either, since you did fail to report income over an extended period of time while collecting benefits. The amount may not be determinant, but the period of time over which the fraud took place may be.

When you get correspondence from CA on how they are planning to proceed, you may need to consult an employment law attorney, hopefully one who is familiar with fraud cases.

Geez......
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Old 10-16-2012, 02:23 PM
 
9 posts, read 95,561 times
Reputation: 16
Ok... I'm so stressed out and worrying about stuff
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Old 10-16-2012, 02:47 PM
 
9 posts, read 95,561 times
Reputation: 16
So I pretty sure that I shouldn't send back the claim forms that you told me to send back
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Old 10-16-2012, 02:51 PM
 
Location: Wisconsin
25,580 posts, read 56,497,864 times
Reputation: 23386
Quote:
Originally Posted by Rbrtito View Post
So I pretty sure that I shouldn't send back the claim forms that you told me to send back
Send them back. Report any earnings. See where it goes. Probably you won't get paid, but at least the claims are on file. Because CA is disputing back payments doesn't mean it will disallow future payments. It may even offset monies owed by these current claims.

Until you hear otherwise, keep claiming. If CA continues to send you forms, send them in.
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Old 10-24-2012, 03:21 PM
 
4 posts, read 14,658 times
Reputation: 15
so bottom line if you received this letter with a check mark saying this determination does not affect your claim for extended benefits, do i need to do anything & will i still get my extension benefits till the end of December?
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Old 10-24-2012, 03:23 PM
 
4 posts, read 14,658 times
Reputation: 15
so bottom line if you received this letter with a check mark saying this determination does not affect your claim for extended benefits, do i need to do anything & will i still get my extension benefits till the end of December?
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Old 10-24-2012, 04:40 PM
 
Location: Wisconsin
25,580 posts, read 56,497,864 times
Reputation: 23386
Quote:
Originally Posted by ice777 View Post
so bottom line if you received this letter with a check mark saying this determination does not affect your claim for extended benefits, do i need to do anything & will i still get my extension benefits till the end of December?
Please provide your claim history. Date opened, subsequent claims, are you currently collecting EUC, etc.

And, what does the letter say - exactly?
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