Need help, how to do I cancel my CA. EDD UI claim (receive, apply)

[damensah]

Need help, how to do I cancel my CA. EDD UI claim

Please help. I filed California EDD UI benefit on 12/14/14, it was approved with $135/week. I was informed if I had waited till 4/1/15, I would get about $450/week. I applied to cancel my Claim and same day it was denied. I then appealed it, met administrative judge.
ISSUE-whether the 12/14/14 claim could be cancelled?
FINDINGS-EDD debit card issued 1/7/15, claimant requested cancellation 2/6/15Initially claimant didn’t know if he had waited he would be eligible to larger benefit. Information on website was not clear as to how benefits would be calculated. Claimant presented $675 certified funds at appeal hearing, administrative judge advised claimant she had no authority to accept payment. Money was sent to EDD debit card, money was not cashed; EDD defined sent money to debit card as ‘paid’. Claimant contents in order to term it paid, money has to be sent & claimant has to redraw the funds as acceptance. The issue of section code 1329.1 was raised as ‘reasons for decisions’ and Precedent decision-B- -115. Judge said that I could not prevail under 1329.1 since money was sent to card although NOT it was not CASHED. Under P_B_115, under equitable estoppels- Judge ruled that ‘claimant did NOT rely on any misinformation provided by the department causing him NOT to request cancellation of the claim before the benefits were issued., the claimant is NOT eligible to cancel and therefore the determination must be affirmed as issued.
DECISION The notice under code section 1329.1 is affirmed. The claim cannot be cancelled. Date stamped 3/20/15. I have 20 days from that date to appeal. Today is 4/3/15. If I can get claim cancelled I get $450.week. I have to establish the information given to me caused me to cancel my pending claim. I need help or make a case that the money send was never cashed . when I was told send money to the inactivated card, and although NOT cashed, is defined as CASHED by EDD. I then cashed it after I spoke with rep, bought cashier’s check and presented it to judge, she did not have authority to accept payment.

[Chyvan]

You already tried to cancel the claim. You had already gotten paid. As written the decision is correct.

Originally Posted by damensah

I have to establish the information given to me caused me to cancel my pending claim. I need help or make a case that the money send was never cashed . when I was told send money to the inactivated card, and although NOT cashed, is defined as CASHED by EDD. I then cashed it after I spoke with rep, bought cashier’s check and presented it to judge, she did not have authority to accept payment.

That hearing you had was the most important hearing in the process. You get only ONE. You do not get another chance to "establish the information given caused you to cancel your pending claim." You don't get a second bite at the apple.

In the future, do your base period calculations BEFORE you race to the EDD website and apply and start submitting claims.

The only reason the guy in the other thread you posted in succeeded was because he cancelled his claim BEFORE he'd been paid any money. Unfortunately, the money showed up AFTER the cancellation, but BEFORE it was put into effect, and that is why he succeeded on appeal.

Based on your numbers, you submitted for 5 weeks and were paid, so I'm also not so sure that you cancelled the claim within the 30 day time limit either.

[Rabrrita]

By regulation, once the funds are deposited to the EDD Debit Card, they are your funds. How you choose to use it and when you choose to use it is no different than depositing your unemployment benefit check in your bank account but not using it. You can not say because you didn't actually spend it you have not received it. The exception is if your claim was cancelled prior to any money being deposited and you did not access the money. At that point the funds were not legally yours to use anyway. But if you were legally entitled to the funds, received (deposited to debit card) the funds, but decided after the deposit to cancel the claim, it's too late.

In reading the ALJ's decision and reasoning, I have to agree you were too late and the claim can not be cancelled. Although you can appeal, this isn't the same as a appeal's hearing.