CA EDD Eligibility Interview AFTER Exhausting All Benefits (payment, record, money)

[Rabrrita]

You just need to be prepared to document your position. Since it appears all this is based on an increase in duties and loss of work ability while driving, you need to show the prior work load and how that translates to a full days work and now with the added workload plus driving, they just can't expect a person to complete the job according to their own standards in the time they expect.

[madrapper]

UPDATE

i received a Notice of Determination and i am disqualified for all weeks 3/29/20 - feb 2022, with the option to appeal.. all it stated for my job separation was "job performance" and no other details.

i freaked out and called EDD and asked them if i will be receiving an Overpayment notice. the lady took a look at my case notes and explained to me it states this claim is a "Non-Fraud Overpayment" and because of the non-fraud i will NOT be receiving an overpayment letter!!

She stated i could still appeal the determination decision, by law i have that right, but it is pretty pointless to do that as i do not have to pay back anything..

i will call again and have another operator tell me the same information, for my own piece of mind, but.....

I AM BEYOND RELIEVED!

[madrapper]

UPDATE

i received a Notice of Determination and i am disqualified for all weeks 3/29/20 - feb 2022, with the option to appeal.. all it stated for my job separation was "job performance" and no other details.

i freaked out and called EDD and asked them if i will be receiving an Overpayment notice. the lady took a look at my case notes and explained to me it states this claim is a "Non-Fraud Overpayment" and because of the non-fraud i will NOT be receiving an overpayment letter!!

She stated i could still appeal the determination decision, by law i have that right, but it is pretty pointless to do that as i do not have to pay back anything..

i will call again and have another operator tell me the same information, for my own piece of mind, but.....

I AM BEYOND RELIEVED!

[Rabrrita]

The State will want whatever you were paid refunded to them. It's the law. A non-fraud overpayment means you won't be getting the dreaded pay us what we paid you PLUS interest PLUS penalty PLUS....... You will get a notice of that overpayment and they will ask that you contact them to arrange the return of the money. In non-fraud, they just aren't as mean, threatening or nasty as they use to be.

You need to appeal.

[madrapper]

i only received a Notice of Determination.

i did not receive an Overpayment Notice - does this come later?

if so, do i appeal the Notice of Determination, or do i appeal the Overpayment Waiver?

PS - why would the operator tell me that info??

[Rabrrita]

What exactly did the Notice of Determination say (leave out any personally identifiable info) along with any specific regulation they cited.

Overpayments notices will now come after all timelines for appeals or reviews have past.

You always appeal an unfavorable Notice of Determination. An appeal is very very simple:
"The notice dated XX/XX/XXXX is wrong. I want an Appeal Hearing scheduled"
That is the entire appeal.

If you get an Overpayment Letter that included a waiver of the overpayment of the benefits you were paid (not a waiver of just the interest, fines or penalties) let us know ASAP as something is different than the standard process.

Now, just to make sure, the determination was based only on the standard interview process and it wasn't from a full appeals hearing, correct?

[madrapper]

What exactly did the Notice of Determination say?

Here is my redacted Notice of Determination: https://ibb.co/4JrLQwB


Now, just to make sure, the determination was based only on the standard interview process and it wasn't from a full appeals hearing, correct?

Correct, there was no phone interview, they just sent me a Request For Eligibility form, I filled it out sent it back, then they disqualified me. They never told me or explained to me what my employer told them (only "work performance") so I could not defend myself in regards to specific incidents. I used your advice in the previous thread on what to input on the Eligibility form as to why my work performance was not up to par, and out of my control.

[Rabrrita]

That's the standard way ED use to do it before the pandemic. Seems they are "caught up" and things are getting back to normal.

Just file the appeals request as I wrote above. Do that now as there is a time deadline.

In the mean time, gather everything you can. See if any former co-worker can get you copies of written polices and such. For the next week or so, concentrate on gathering information including downloading any and all call logs. It's easier to sift through what you have and discard what's not needed versus trying to recover something that was deleted the day before you realized you needed it.

let me know once you filed the appeal.

[madrapper]

will do... by the way, if for any reason in the future i receive a Notice of Potential Overpayment / Notice of Overpayment, can that be appealed as well? if so.. what is that appeal process like?

thanks for everything you are doing God's work

[Rabrrita]

If you get an overpayment notice, you appeal it citing a pending appeal on the initial determination.