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Ah, but that's the magic of the system. Once the money is in your hands, even if you lose the next round, I can tell you lots of ways to never pay back the money. I need you get that money, and we'll take things in steps. After that, I'll help you win the appeal. If you lose, I can tell you how to never pay back the money. One thing at a time. If the next event isn't required, then I save a lot of typing trying to deal with something that may not happen.
You are a magical gift from heaven.. Ok gonna call and see if we can get the money in hand.. I am in dire need.. And I really freaking hate my old employer..
You just say, "I had a hearing. I have a winning decision dated 12/13 in my inbox. I want to know when I'm getting my money. Do I need to have that winning letter faxed to someone to speed things up."
If they seem reluctant because they know about the reopening,
You can say, "there hasn't been a new hearing yet (or scheduled). Until that happens, this decision date 12/13 is in effect, and I'm entitled to benefits."
If that's not working, try to go higher up. Hopefully you come across someone that is familiar with the long standing rule from Java v CA: once a decision is rendered, benefits cannot be taken away from you (or not paid) until you have a hearing, the chance to present evidence, and only after a NEW decision is rendered can they be taken away from you.
So I called. They told me that it's still under pending in the appeals Department. That there is nothing that they can do because it's still being held up in appeals. I was told to call back on Monday to see if anything has changed. I explained to her how you explained it to me that once the decision is rendered I am eligible and any decisions after that become a new problem. They have to show good cause still. She agreed with me and stated that she doesn't see it as to why money has not been released yet.
So I was looking around at my UI website. Looking at it, since the employer requested a reopen, all my previous weeks now say disqualified. And my Max Benefits are back to 3300, not the original 275 it was on the 13th. This sounds like they are not gonna pay me. I am also attaching the wording on the Notice of Recission that was sent to me..
A request for reopening the appeal was received from a party alleging good cause for not appearing at the last
scheduled hearing. A new hearing will be scheduled to provide the party an opportunity to show good cause for
re-opening the appeal. If good cause is established, all parties will have an opportunity to present evidence, question witnesses, offer rebuttal, and make closing statements regarding the issues shown on the Notice of
Hearing. If good cause is not established, the previous decision will be reinstated. All witnesses who attended
the previous hearing should attend this hearing.
You never said anything about a notice of recission. I didn't know such a thing existed. I thought you just go a notice that your hearing was getting reopened and it was a hearing notice.
The way you worded your earlier post, it sounded like the employer had ALREADY established good cause. This says they HAVE to still establish good cause.
Now, that's great. Establishing good cause is very hard.
You need to be better at saying things correctly.
You put your efforts into KILLING the employer's good cause REOPENING argument.
At the start the hearing, did the judge say, "the employer asked for a postponement, but I told them, 'no'"? If they didn't do this, this negates things like "on vacation" and why NO one showed up. There were I think THREE people at your "resignation" and NONE of them came. I doubt very much that all three had issues that rise to good cause simultaneously. Even if it was some unforeseen, pressing business need, there is usually a paper trail so don't let the employer just SAY it.
I think your decision was "rescinded," so it's currently no longer in effect. We'll have to work on the hearing.
Good cause isn't things like "we forgot." Having a service outage of the company's telephone system could be good cause, but if they pull that, it's a probably a lie. You make them prove that they had a repair scheduled with a document from the phone company. Business meeting out of town: you want airline boarding passes and receipts for hotels. Do NOT let the employer tell some unprovable story. If they say illness, then you want a bill from a doctor's office for on that day and time as the hearing. Every excuse they make, you think of a way they'd have some paper from a third-party to actually prove they were there and the event actually occurred.
So I am looking through the files on my claim. Basically all the documents they sent out to us since Oct. My first hearing was Nov 14th. In looking at the paperwork, it looks like my employer tried to get the Nov 14th date postponed, and they denied the request. My employer did show up to that meeting, but then when it was brought to light there were 2 witnesses in my firing that were not available, the appeals guy allowed them the right to then hold another meeting, which is the one they did not show up for. This looks to be more and more like a game they are playing and I am not thrilled. As of this writing, there is still no reschedule for them to show good cause for missing the last meeting...Its looking like it will be Jan before they do anything..
Read more from the notice of rescission. Does a judge really have the right to undo a previously issued decision without a hearing? That's so contrary to everything I know.
A request for reopening the appeal was received from a party alleging good cause for not appearing at the last scheduled hearing. A new hearing will be scheduled to provide the party an opportunity to show good cause for re-opening the appeal. If good cause is established, all parties will have an opportunity to present evidence, question witnesses, offer rebuttal, and make closing statements regarding the issues shown on the Notice of Hearing. If good cause is not established, the previous decision will be reinstated. All witnesses who attended the previous hearing should attend this hearing.
This is to certify that a copy of the above decision was distributed to the last known address of each interested party on December 14, 2018.
M. Ikladious Appeals Referee
That is exactly what it says word for word.. I have also started getting mail from so called lawyers about losing my appeal.. I mean what the hell is going on..
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