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( San Jose, CA) UI application to appeal lasted 7 months and 10+ phone arguments. 1 official hearing appeal yesterday and they still refuse to help me! For 7 months I have been trying to get EDD UI to help me out financially. I earned 24K last summer in a three month period and was randomly terminated by a douche tech start up. I also got another w2 for 18K from a regular Part Time job I still work at. I wanted assistance last September when I was terminated.
It took months for EDD to "audit" my 24K because I was misclassified as an independent contractor. They finally approved me as "common employee" but then said something about base periods. My current claim states that I am approved for EDD UI but only for 189 per week. Since I make 350, I never get to collect on that. But they never added the 24K 1099 to my EDD calculations. They only considered the 18K w2. I am wondering if that would allow me the max of 450 per week? When I brought this up in the appeal, the judge kept insisting it wouldnt make a difference. The judge made me confused, and I still dont understand base periods. I applied Jan 1, 2018 to add the summer quarter (as advised by EDD). Recently (albeit too late) another EDD rep said, I should have applied Jan 7th as Jan 1st rolls back to Sunday and thus puts my application into a December month. What in the holy hell....
I was always employed, but earning little. 700$ bi-weekly. That’s 350 per week gross. The judge said that by earning that much per week it exceeds the edd weekly max. But I wonder if he was confused and thought I am earning 700 per week? He said I can still appeal ..yet again! But I read online that people are receiving sometimes 450 per week. I felt like EDD will say and do anything to kick you off here in CA. I think I need an EDD UI lawyer but I am not sure. I can’t really get a straight answer anywhere on what I am owed and how to calculate it. Any advice is much appreciated.
The mistake is YOURS. Because you don't understand base periods, you made a mistake applying for UI in September.
By applying in September, what you earned from April 1 to September, 2017, canNOT be used to build a UI claim. Regardless that $24K was converted to W2, it is in the WRONG months.
Instead of appealing, you should have gotten help. We'd have told you to cancel your claim. As of now, the claim is in place. It's most likely based on your crap part-time job's wages, and there is nothing you can do about it right now.
Now, in Sept, 2018, (I'm assuming you applied in Sept, 2017) when your claim expires, and then the $24K will be in your base period and you can then maybe get your $450/wk in UI, and your $350/wk job will be less and you can get UI, but that's a long wait.
Next time you lose your job, get help with your UI. People have got to stop thinking they know this stuff and racing out and filing a claim. Once you set certain events in motion, you can't stop them, or if you can, you waste tons of time when you could have done it right the first time.
Now, you think EDD is your enemy (and sometimes that's true), but there are LAWS running the UI system, and YOU have to know what they really mean as opposed to reading them and think they make sense. They don't.
What's this "Applied Jan 1, 2018?" You shouldn't have been able to reapply. The claim you opened in September, 2017, was valid. You didn't say anything about cancelling. REapplying doesn't "add" wages to a claim. You get one claim per year. At best, the application Jan 1, 2018, was nothing but an "additional" claim or what is more commonly called a REopening. The rep telling you should have waited until Jan 7 wasn't accurate. It wouldn't have fixed your problem. It is smart for some people, but not your circumstances.
That's another thing, quarters don't start on the 1st. They only start on the 1st when the 1st is a Sunday. Quarters start the first SUNDAY of Jan, April, July, and Oct, not on the first day. We'd have told you that if you'd have gotten help.
Don't call EDD anymore when you have questions. Get help from strangers on the internet that have lived this and already made mistakes so you won't repeat them. The cycle needs to be broken.
I apologize if I was not clear. I was terminated last september. I did not apply for UI in september. I called the EDD rep line and was told twice that i should apply "In January". So the "mistake" was not mine. I asked for instructions and followed them. I applied on Jan 1 (waited three whole months!). It was an edd rep one week before my hearing who told me I should have applied specifically starting Jan 7. So that information really pissed me off. I dont know about base periods, nor do I claim to have made decisions based on MY knowledge. I called and always ask for information.
Then the rep was right. You should have waited until Jan 7. Had you gotten help, the answer wouldn't have changed much. You'd have needed to cancel the claim from Jan 1, and reapply Jan 7, and then your wages prior to Sept, 2017 would have been in the correct quarters. However, it's too late now to cancel. You only have 30 days, until a decision is made, or you receive a payment on the claim whichever comes first.
I'll still say the mistake was yours. I know EXACTLY when the new quarters start, and they thought you did too. I'm telling you, YOU have to know this stuff or you'll get ripped off. I think the UI workers do this on purpose, and then laugh about it later at their work lunches, but this stuff can be learned, but no one ever seems to do it until AFTER they get bad news instead of BEFORE they even file so they don't make a mistake.
This change to your story just makes it worse. I thought you'd be able to get UI with your higher wages in Sept, 2018. Now, you have to wait until Jan, 2019 for them to do you any good IF you are even still only working part time.
Trust me, STOP calling EDD for your UI advice. Actually tell your story on the internet with the relevant data. There are people that know how to game the system and will tell you EXACTLY what to do so you're not guessing.
In the future, always keep 18 months of pay stubs. At each quarter, you add them up so you KNOW what you'll get for UI.
Take this past March 30/April 1. A claimant fired on Friday would have been really smart to apply on Friday BEFORE the quarter changed. An ignorant claimant would have waited until Monday, and then three months of wages would have been lost on the backend as the quarters shifted and would have made getting a 2nd-year claim near impossible with only one quarter of remaining, unused wages unless that claimant made big money. In my state, it's worse because the UI application screen goes down at 5 pm. In that case, the claimant would have needed to have a paper application, envelope, and postage. Then fill out the application in the employer's parking lot, and drive to the airport post office that has a box with a 9:30 pm pick up time so it got the proper postmark to preserve those wages. You on the other hand wouldn't have had to care so much. The point is that people that know this stuff can quite often make a material difference to their advantage. Become one of those people, and share what you know with everyone you know so that this stuff stops happening.
I respect that you feel that american's are to blame when they dont know a complicated UI system. People rely on receiving honest information from the department. 3 and half months after I applied I was told about "Jan 7th". That's way too late! I spoke to 9 reps before that who never uttered that, and wouldnt tell me what to do. I think its only logical after much failed attempt that one would resort to a forum as this. But in a utopian society we shouldnt have to do this. We shouldnt have to drag these applications on for months. I did EVERYTHING I could to find the right info and now I am here STILL trying! I will not accept the idea that I am to blame. I was told I can appeal the decision one last time.
What I would like to know, based on how much I earned would I be able to in the future even qualify for the max weekly amount??
If the answer is NO, then I won't try to re-apply. This was such a long and hard process.
REapplying won't fix the problem. Once you applied Jan 1, you got the claim for a Jan 1 filing. You have to CANCEL the claim, and file a new one as though the first time you filed never happened. Under the rules, you can't. It's too late. If not that, you have to wait until Jan, 2019 to be able to get a 2nd-year claim.
However, you say you called 9 times. What did you ask? How did you ask it?
This lady got crap advice and appealed, and she got her problem fixed, but she had proof that she called and the EDD workers gave her bad answers and the judge fixed everything. http://www.city-data.com/forum/unemp...al-letter.html
Is this what happened to you? Did you know something was wrong? This lady I'm pretty sure knew she wanted the quarters to shift, but the UI worker probably thought she was talking about a wage appeal. In a wage appeal, if missing wages get added, EDD will write a check for the difference, but this lady wasn't messing with the wages existing on her current award letter. She wanted the award letter to show different quarters altogether.
I don't feel American's are to blame. It's just the way things are, and you have to accept it, or you will get ripped off by the UI system every time. The state doesn't pay UI benefits because they want to, they do it because the LAW says they have to. Therefore, they can obfuscate things to your determent unless you are smarter than they are.
Also, you have to tell your story better. What do you mean by "appeal one more time"? If it's a board of review appeal, don't count on winning one of those.
Use this table to calculate your weekly benefit amount. THINK QUARTERS. The date on the check controls. In this case it runs Jan 1 to Mar 31, Apr 1 to Jun 30, Jul 1 to Sep 30, Oct 1 to Dec 31. The highest wage quarter determines your weekly benefit amount, and total base period wages divided by 2 divided by weekly benefit amount determines the number of weeks you may collect with no more than 26.
Yes, I continuously told my situation to EDD reps. Stating I was terminated on 9/18/2017 and want my wages to count. I always asked "How do I add those wages". Every time they generalized or sometimes gave me terrible advice like I should back date my claim to 9/18. One of the reps even requested this on my behalf without my permission and I got a letter denying the request. They really do not listen or know what they are doing.
I was extremely clear with the judge that EDD advised me wrong. I gave him the dates I called. I did not record the phone conversations, so I could not prove that they said "january" in general. I did however see the file in my case files that has a list of every time someone worked on my case or spoke to me. and it was four pages long. The judge kept insisting that even if I fix the dates that I am still earning too much to get UI assistance.
You know whats the most messed up thing about EDD UI, in San Jose, CA, you cannot go into an EDD office to talk to a specialist. This office does not exist. They just continue to make it more difficult for us.
I am 100% sure this system is set up to deny us. But regardless, I fought tooth and nail for it.
I am describing this situation as if is is so complicated. But its not. I had one simple request and they did everything they could to steer me in the wrong direction.
Is EDD not allowed to change my claim to Jan 7th, to include my wages? I explained in my appeal letter, I just want to have the wages considered. I am frustrated just writing about this.
Is EDD not allowed to change my claim to Jan 7th, to include my wages? I explained in my appeal letter, I just want to have the wages considered. I am frustrated just writing about this.
They could have if the Jan 1 claim had been cancelled, and a new application was received that was dated Jan 7.
Write up a board of review appeal. Then post it or DM it to me. I'll fix it.
It can be done. I just think you described things with the wrong words.
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?
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.
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