EDD California Appeal

[Chyvan]

Sometimes you can fax it. Is that an option in your hearing notice?

I wouldn't pay the money for FedEx.

[hootusmereford78]

Although there is a fax number on the notice, they do not specify that you can fax in any documents.

[Chyvan]

I don't know where you moved to, but I've mailed stuff from AZ to FL and had it get there in 4 days. I think you have enough time.

You don't have to be repetitious with your documents, just prove each element with the best piece of paper that you have.

[hootusmereford78]

Just finished my hearing by phone. There was no one from the company that appeared, it was just the Judge & I. Although I did get a certified copy of the marriage license & sent it in (by fax) for the hearing, it conveniently didn't make it's way into the paperwork supplied to the judge. Despite this, it appears to be a favorable decision. I will let you know when I get the decision by mail.

Thanks again for all of the kind assistance given on this forum!

[Chyvan]

Originally Posted by hootusmereford78

sent it in (by fax) for the hearing,

Save the confirmation page. If the decision is adverse, and it has to do with "proof" that you got married, that is an appealable issue to the board to get your hearing reopened to be able to submit the improperly excluded evidence.

Because you quit, it's not a big deal that your employer didn't show, so don't get the wrong idea. It just means that you have "uncontested" testimony which is better than when a judge has to resolve a conflict. The employer being a no-show is the key for a person that gets fired so long as they didn't admit to something that sounds bad. Had you been a psychic, you could have said you were "fired" (sort of true since they took away your telecommute position), and you'd have won because of this employer no-show.

[hootusmereford78]

I received the appeal decision yesterday. It stated "The (EDD) department determination is reversed. The claimant is qualified under section 1256, and benefits are payable provided he is otherwise eligible." I have logged in to the EDD website and already certified for benefits for the weeks since they denied my claim.

Thank you again for all that you did to help walk me through the steps in this process. I will post again if anything changes.

[Chyvan]

Originally Posted by hootusmereford78

I have logged in to the EDD website and already certified for benefits for the weeks since they denied my claim.

You're supposed to be able to certify regardless if you were denied or not. However, so many CA people are doing this after the fact, I'm starting to wonder if EDD is blocking you from claiming? The instructions even say to continue to file while appealing, and it's such a pain most of the time to be able to file late claim forms.

[tastelikedirt]

many CA people are doing this after the fact, I'm starting to wonder if EDD is blocking you from claiming?

When I was denied, EDD stopped sending me the continued claim forms. I got behind...the only way I got thru to them was the "Ask EDD" for my missing claim forms. After 9 days them responded to the email and said they would send me the forms I was missing. It took another week for them to arrive in my mail box, so I'm two weeks short on claims, I now have to go to the "Ask EDD" and ask again for my missing most current forms.

[Chyvan]

Such a nasty practice from EDD. Because we've had the threads where after winning the appeals, EDD was a pain to let them claim like it was all the claimant's fault, and now I'm starting to get it. It's another road block that EDD is throwing up.

[hootusmereford78]

Yes, they had stopped my 'certify' ability online after the initial denial. Once I logged in a day after the appeal hearing, the certification option was back & I was able to certify for all the weeks since.