CA EDD Eligibility Interview AFTER Exhausting All Benefits

[madrapper]

oceangaia: There must be some memorandum or policy or law or something they are getting it from. the written documentation says otherwise and nobody cares what you say you were told over the phone.

I agree with you on that. EDD Rep explained in cases like mine, there is an “in-house” process involved where they automatically waive large $$ pandemic claims, citing the US DOL guidance ”repayment would be contrary to equity and good conscience.”

I did come across this: https://edd.ca.gov/siteassets/files/...news-22-07.pdf

And: https://www.dol.gov/agencies/eta/adv...20-21-change-1

On the top of the page for the second link it says "Expiration Date: Continuing"

The DOL did create a sample communication that states MAY use when approving the waiver of recovery for an overpayment. I guess CA has not yet produced or sent out these letters yet for the in-house blanket waivers?

https://www.dol.gov/sites/dolgov/fil...chment_III.pdf

[oceangaia]

Originally Posted by madrapper

oceangaia: There must be some memorandum or policy or law or something they are getting it from.

EDD Rep explained in cases like mine, there is an “in-house” process involved where they automatically waive large $$ pandemic claims, citing the US DOL guidance ”repayment would be contrary to equity and good conscience.”

I did come across this: https://edd.ca.gov/siteassets/files/...news-22-07.pdf

And: https://www.dol.gov/agencies/eta/adv...20-21-change-1

Both links take me to Page Not Found but something from DOL to backup that claim of DOL guidance is what I'm talking about.

[madrapper]

the links work. under the DOL guidance, i qualify for a Blanket Waiver:

https://www.dol.gov/sites/dolgov/fil...1_Change_1.pdf

Group 3: Scenario(s) applicable to the PUA and FPUC (where applicable) programs.

4. The individual answered “no” to being unemployed, partially unemployed, or unable or unavailable to work because of the approved COVID-19 related reasons and the state paid PUA anyway. Upon requesting a new self-certification, the individual either did not respond or confirmed that none of the approved COVID- 19 related reasons were applicable, and the state’s payment resulted in an overpayment for that week. See Attachment I to UIPL No. 16-20, Change 6, for a full list of the approved COVID-19 related reasons.

The individual is without fault: In this scenario, the individual was without fault for the overpayment as they provided accurate information on their initial application which the state did not consider prior to paying the individual which created the overpayment. In addition, once information was requested and the individual failed to respond or confirmed the information, the state continued to pay benefits. Overpayments under these circumstances occurred because a unique confluence of circumstances (i.e., an avalanche of unemployment claims precipitated by a pandemic, implementation of multiple new programs, and public and political pressure to implement new programs rapidly) hindered the states’ ability to process claims timely and to the extent they would have under normal circumstances.

Repayment would be contrary to equity and good conscience: Repayment is contrary to equity and good conscience when it would be extremely unfair to require repayment. It would be extremely unfair to require repayment when the individual was not at fault for receiving the overpayment and the state would be requiring repayment of benefits that were designed to support individuals during the pandemic, which created financial uncertainty for much of the country at that time. Individuals generally relied on these payments for their livelihoods and made purchases and entered into financial commitments based on these payments. Requiring repayment now would undermine many individuals’ financial stability and undermine the purposes for which the benefits were paid.

[Rabrrita]

Madrapper, my apologies, I forgot your claim was on pandemic benefits so EDD is correct, they wont be coming after you for the money. Since you wont have to worry about repayment, you can cancel the appeal now, or you can (just to make your former employer do extra work) withdraw it the week before the hearing.

[madrapper]

if i appeal, then withdraw before the hearing (for whatever reason - i simply changed my mind after speaking with council, for example) can my former employer sue me for the extra work they did preparing for it? or would that not fly as it is my legal right to withdraw an appeal…?

my former employers are really nasty people….

[Rabrrita]

They would be laughed out of their attorney's office if they ever brought that scenario.

If you just want to extract your pound of flesh, continue with the appeal and make them go through the whole hearing process. Since EDD's ALJ's are very focused on the procedural process, they often rule in favor of the claimant for no other reason than the employer didn't meet the statutory burden of proof.

[madrapper]

good morning and thanks for all your advice in this matter!!!