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After I exhausted my Calif. EDD benefits I received a notice
from EDD last October that I was NOT eligible for Federal Extension
Benefits ( EUC ) due to stricter base period earnings requirements.
I submitted an appeal to EDD to change my claim date since a claim
beginning several weeks later would have "captured" more
base period earnings. I would have received more weeks of
CA benefits as well 4 -5 months of EUC benefits.
( The "basics" of my original claim including quarter benefits appear
at the bottom of this post. )
It took 10 weeks to get an appeal hearing.
Appeal received date : 10/16/2013
Appeal hearing date : 1/3/2014
The ALJ understood quite well what I was asking. Unfortunately,
he explained that my appeal would only be construed to be an
appeal of the Specific Income Requirements for EUC benefits.
Therefor my appeal was denied.
He said that I need to take the following steps to change a claim
date :
Write a letter to EDD requesting a change to my claim date.
Wait for an almost certain denial of that request.
Submit an Appeal to EDD to reverse the denial.
I had written about this way back in October. Many thanks to other folks who
post comments and helpful instructions, especially Ariadne who drills down to
the most granular level. I thought I understood EDD since I had been on
CA unemployment previously, including getting EUC extension benefits but this
time it came back to bite me.
THE "BASICS" OF MY FIRST CLAIM APPEAR BELOW :
-----------------------------------------------------------------------------------------------
LAST DAY WORKED FOR EMPLOYER : 12/21/2012
CLAIM BEGIN DATE : 03/03/2013
CLAIM END DATE : 03/01/2014
MAXIMUM BENEFIT AMOUNT : $7723
WEEKLY BENEFIT AMOUNT : $450
Yes I plan to continue by getting a written denial from EDD and appealing that.
The time frame is frustrating. I didn't realize it now can take 8 weeks or longer
to get a hearing scheduled for an appeal.
Since I have lag earning as well as some "Self Employment - Approved" earnings I was also
planning on submitting a new claim in March, 2014 since I will be starting a new claim
year.
The judge cautioned me that having self employment earnings and declaring them
and paying Social Security would jeopardize my very status as a wage earner.
He seemed to think EDD would start to regard me as a different kind of worker
that would not be covered by the social safety net.
Hmm... CA is usually very prompt in hearing appeals. Eight weeks does seem to be a long time for CA - although perhaps the nature of your issue caused the scheduling delay.
Quote:
Originally Posted by jkberkeley
The judge cautioned me that having self employment earnings and declaring them and paying Social Security would jeopardize my very status as a wage earner.
He seemed to think EDD would start to regard me as a different kind of worker
that would not be covered by the social safety net.
Oh, yes, this could occur.
Changing the date of your original claim is not impacted by future earnings from self-employment. Two separate issues.
However, future claims are affected. CA would need to approve your self-employment - i.e., that you are still able and available for paid W-2 work and searching for such work, and that the SE endeavors do not interfere with that. Similar to those who get approval for UE while going to school.
Many people in CA have self-employment earnings and still receive benefits. Another hoop to go through when the time comes.
However, future claims are affected. CA would need to approve your self-employment - i.e., that you are still able and available for paid W-2 work and searching for such work, and that the SE endeavors do not interfere with that. Similar to those who get approval for UE while going to school.
The Self - Employment was already approved by EDD while I was receiving benefits. I was taken aback when the ALJ told me of the risks. In fact, he even said that it could get messy for the employer paying me 1099 earnings and then seeing an unemployment claim against those earnings.
By the way, I really appreciate you attentive replies to those of us going through this unemployment ordeal.
Also, if you are interested in the exact wording of the my appeal Denial I can write them in a post or PM you.
You don't need to type in the decision, I think you've explained it well enough. It's not appealable, anyway.
Your main issue is changing the original date of the claim and need to start the process over on that by getting a written denial from CA on that request.
On SE, the ALJ is taking a more narrow view of the SE issue than CA does, generally. Many, many people work 1099 and don't have problems. Don't worry about it.
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