CA: 2nd Claim filed as 1st was ignored... questions (file, receive, reapply)
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Late April I was fired and I applied for unemployment. There was some mix up about the validity of my identity at first, which got cleared up (my employer has my birthdate wrong, caused a ton of problems with my health insurance with them and they still never fixed it!)
I was told via a letter that my request was granted and I had to certify or something. I received no paperwork for certifying so I did it online. I logged in everyday to see a message saying all necessary paperwork on my end was filed and to wait.
So I waited... for nearly 3 months. And nothing.
So I finally call and can't get a person. Was willing to wait on hold but they didn't even give me an option.
So I file again.
I get my interview before I even get the paperwork informing me that they were going to call me at a specific time (THANKS!!!) and this time with the letter I get the certification form.
The interview goes well and like halfway through I tell him I did all this before and tell him my story to that point and he says something like, "Oh, okay, not sure what happened but you should be good this time around"
So, I'm relieved to be getting something... but it looks like they want to pay me from the time my 2nd claim went in, not the first... that's 3 months of income I'd be out of.
I still have the agents number who I talked to yesterday so I'm going to call him today.
Am I going to be able to revert to the first claim? I know they won't want to do that.
If they try to screw me over do I have any legal recourse?
sorry so long... the TLR version is that I filed and never got any checks so refiled and now it looks like i'll get something, but I need to be compensated from the first date not the 2nd one.
The fact that I got the letter telling me they were going to call me in a certain window AFTER that window has passed really sums up my whole experience so far
A claim is effective for one year. During the year, claimants can receive from 12-26 weeks of full benefits. The number of weeks varies, based on total earnings during the base period (an individual's earnings during a 12-month period). During periods of high unemployment, additional benefits may be granted by Congress, or the State Legislature.
So what I really need to know is how to certify for the first claim not the most recent one. The agent on the phone yesterday admitted it was something on their end and that I didn't do anything incorrectly. But he didn't say anything about me getting paid from the first claim.
The way it works is CA is that you have to ASK for the back claim forms. They will schedule you for a phone interview to see if you have a good enough reason (them screwing up is a good reason). They will probably deny anyway hoping you will go away. The denial notice will have appeal rights, and then you appeal, and you'll probably be successful when you get it in front of an administrative law judge.
In your case, you have to determine if the 1st claim actually went through. It makes a difference because you might have to ask to have the 2nd claim's start date back dated, or the 2nd claim might have been treated as a "reopening" and then you need the missing claim forms. Hopefully, you can tell from your paperwork what is the most likely senario so that you say things correctly.
Can't tell by the paperwork but I think they reopened the case. The guy said a few times, "I'm not sure what happened" and apologized... so hopefully it shows on my record that I certified and never received a check. That should make it pretty obvious I deserve the back forms.
But in the meantime, I probably shouldn't sent in this current cert form, right?
Can't tell by the paperwork but I think they reopened the case.
Check your claim forms. Somewhere on there your benefit year beginning date is shown. If CA had your original claim in its system without any request to cancel, very unlikely that claim was purged.
Getting benefits back to April may be a big ask. You need to certify that you have searched for work all of those weeks.
Do you have a work search log to substantiate your activities each of those weeks??
Check your claim forms. Somewhere on there your benefit year beginning date is shown. If CA had your original claim in its system without any request to cancel, very unlikely that claim was purged.
Getting benefits back to April may be a big ask. You need to certify that you have searched for work all of those weeks.
Do you have a work search log to substantiate your activities each of those weeks??
Okay... The "Continued Claim" has a date of 4-19-15 by my name and SSN near the top. I registered on 4-24
First week begins on 7-5 and 2nd week begins on 7-12
I have emails/cover letters for all the resumes I've submitted since the original claim
I have emails/cover letters for all the resumes I've submitted since the original claim
This is irrelevant at this stage.
You have to understand what the issue is. For whatever reason you didn't submit biweekly claim forms from April until now, or you did submit them and EDD never paid you.
So what it is and we'll work from there on what you have to do to have the best chance that you'll get retro paid for the entire time of your unemployment.
Also, I read your thread on the other forum. Commentator is more concerned about critizing me than helping you. It all started when she told someone that applied in Sept, got a misleading letter as to why she was denied, and appealed. She told the person she'd have to wait until January to reapply, and when I brought up that the quarter had changed and the claimant could have applied between Oct and Dec and would have gotten benefits sooner, the tirades began, and I was beat down because Commentator had 30 years of experience in UI and what did I know.
We've had posters get EDD to back pay for unsubmitted claim forms. Nothing as extreme as your case, but when you have some proof that you made attempts and failed, you have a decent shot. I hope you document your situation because it's how we learn what works and what doesn't.
Before things get too old, try to print out your phone records so that you can prove each and every time you called EDD whether you got to speak to anyone or not. Print out any emails where you used "ask EDD." You want a nice papertrail of all your failed attempts so that when the time comes, there will be no way that anyone can say, "you abandon your claim." When EDD is the cause, that is "good cause" for not submitting your claim forms, or if it's the case that they were submitted and just not paid, then I'm not sure what to do about that.
Don't assume that EDD will "see" anything. You have to be your own best advocate.
The agenda on that forum is who is the "most" right - in other words, some people just must have the last - often many thousands - of "authoritative" words. You know who I mean.
Lots of knee-jerk arbitrary, judgmental comments, too - and rarely anything approaching helpful solutions - unless Chyvan is posting. That's my opinion. I occasionally read that forum, but don't post. Far too many useless words. Plus, people often post an issue and never return. A double waste of time.
For better, more explicit, helpful information, imo, this board does a better job.
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R version is that I filed and never got any checks so refiled and now it looks like i'll get something, but I need to be compensated from the first date not the 2nd one.
