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[Chyvan]

Based on the last paragraph, I think there is hope for you.

The judge only addressed the "calculation issue." The calculation is correct, and the decision in this regard is correct. Don't be mad at the decision.

I think you will be able to get a new hearing to be able to address the issue of a late cancellation because you got crap advice from EDD. Everything in your story is "how do I get those wages in my claim." An EDD worker should know that cancelling and redoing the claim will work. Do you think that is what is happening to you?

You do NOT need to appeal this posted decision to the board.

What you need to do is get a hearing, with the proper issue (a late cancellation), and I can almost assure you that you can win it just like Monarch did. However, unlike Monarch, you need to get your new claim that you'll most likely file backdated to Jan 7 so that everything is as it should be had you just gotten the correct information from the beginning.

[freeeedom88]

Originally Posted by Chyvan

I just thought of something with your story. If you applied on Jan 1, you should have received TWO award letters because you filed in the last week of the quarter. Did you?

Yes I did.


https://drive.google.com/open?id=1mS...YPbNW-2V-1MW5P

I have added three pages of the appeals decision in writing. Pg 3 states some serious Bull crap. People in CA need to have lawyers on speed dial.

[freeeedom88]

How do I go about getting another hearing for the purpose of cancellation? Do I then re-apply?

[Chyvan]

Originally Posted by freeeedom88

Yes I did.

Originally Posted by freeeedom88

How do I go about getting another hearing for the purpose of cancellation? Do I then re-apply?

You call EDD and say, "you botched my claim." I got a hearing on the calculation. I wanted my claim CANCELLED so I could refile on Jan 7. The judge didn't address the issue because it wasn't an issue on the hearing. I need a new phone interview so I can show all my call logs trying to get this fixed.

Also, you can say, I got two award letters because I filed the last week of the quarter. I tried to say then that I wanted the BETTER claim, and I was ignored.

Then if you get denied after a phone interview, you can get a hearing on the two issues:

Why didn't your request to use the better award letter get done?

Why were your pleas to cancel the claim and refile not acted upon with 9 calls to EDD?

Whether you like it or not, that 3rd page was your saving grace. The judge made no decision, and now you get to do your hearing right if it even goes that far. If you submit the right paper, an EDD worker might just fix everything now that you know the right words to use.

[freeeedom88]

Originally Posted by Chyvan

You call EDD and say, "you botched my claim." I got a hearing on the calculation. I wanted my claim CANCELLED so I could refile on Jan 7. The judge didn't address the issue because it wasn't an issue on the hearing. I need a new phone interview so I can show all my call logs trying to get this fixed.

Also, you can say, I got two award letters because I filed the last week of the quarter. I tried to say then that I wanted the BETTER claim, and I was ignored.

Then if you get denied after a phone interview, you can get a hearing on the two issues:

Why didn't your request to use the better award letter get done?

Why were your pleas to cancel the claim and refile not acted upon with 9 calls to EDD?

Whether you like it or not, that 3rd page was your saving grace. The judge made no decision, and now you get to do your hearing right if it even goes that far. If you submit the right paper, an EDD worker might just fix everything now that you know the right words to use.

Ok, I will try my best... its been a battle so far and I rarely quit an argument.