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I got laid off September 2015 and submitted my claim for unemployment and started receiving benefit September 19th. I've been working in high-tech field since 1992 and have never collected unemployment before, it's all new to me. I have been very busy networking and pursuing new job opportunities and documenting all of my activity but I made a mistake of not submitting my work online for about a month and when i went in to submit my documentation online, I was informed my claim was closed. I called and reopened my claim last week. I requested a phone interview to see if they would back date my claim. I am going through divorce, my mom had an unexpected stroke and had emergency quadruple bypass surgery. Again this does not excuse for my delay, It has just been a very stressful time right now and was really focused on finding a new job, my mom, finding healthcare and the divorce stuff.
I just had the interview with EDD. I did not share any of the above other than mentioning my mom, which in hindsight wish i would have never have mentioned as I know that it is not a a valid reason in my delay of submitting my benefit claims, I'm sure they have heard every hardship story there is... I said I wasn't aware that there was a cut off in which to file my claims, I was about 5 weeks behind and it was an honest mistake. I was told that a judgement will be mailed to me in 3-5 days, if i do not agree to the judgement I can take further action to fight it. Based on the conversation, I don't think they will backdate my claims. I'm just about out of $ and have three teenagers to support. An honest mistake that I think I'll have to pay dearly for. I just wanted to get someones thoughts on what you think their judgement will most likely be?
I suppose never collecting unemployment doesn't matter, outside (personal) factors doesn't matter, having three children to support doesn't matter, an honest mistake doesn't matter...
However, if you were a paper claim submitter and EDD didn't send you the new form, and you emailed EDD asking for one, and they never sent, and you couldn't get Webcert or Telecert activated, and you tried calling EDD and never got through, then that would make for a convincing story because that does happen to people that are actually trying to file in a timely manner.
You should have come here BEFORE you did your interview alone.
If you get denied, appeal it, and try again in front of a judge, and remember, accusing EDD of messing up your claim works. If they did anything to make you mess up, you will be believed because they mess up way too much.
Actually, what you said could just as easily of gotten you an able and available disqualification for the entire time.
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