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Old 05-17-2012, 01:57 PM
 
Location: California
4,404 posts, read 4,494,535 times
Reputation: 2978
In CA, there is supposed to be a form sent to the employer and also one sent to you if there is a wage question. It is also SUPPOSED to have a 10 business day response time from the employer and at that time they are supposed to take you at your word as to what the wages actually were if there has been no response. Same as if the employer doesn;t respond within the 10 days to an initial filing. EDD often will try once to contact this employer, but if unsuccessful will take the claimant's word as the entire truth and base decisions solely on the claimant's word, absent any other information. This happened to me after a company I worked for went out of business and for obvious reasons were not going to be able to verify wages. I was told no matter the circumstances, if the company doesn't make a timely response, EDD uses the info provided by the claimant as EDD does assume the claimant is telling the truth absent proof to the contrary.

When he said he doesn't know why it is taking so long, did you push? Politely, of course. But I have found it often takes more than asking a question and getting an answer when dealing with EDD. In my experience, and I do think this is an intentional tactic they use as most people feel they have been given an answer and while they don;t like it, they have been given an answer and need to go away so someone else can get their call answered, you have to ask the "next" question as I call it...you have to then ask them about what the process is after the employer doesn;t comply in a timely manner. I have had to have conversations such as the following, which took place on Monday....

Me "I am calling to find out why I was unable to certify online or over the phone on the new claim I filed at BYE. I was supposed to be able to certify on the 13th"

EDD "I see there is a recomputation going on with your claim. SOmething to do with wages that were amended up by your employer. The process usually takes 4 days. Once it is complete, you will be able to certify for your benefits. You have a valid claim."

Me: "Ok. I filed my new claim on the 7th. 4 days from that is the 11th, possibly the 12th. I should have been able to certify based on the 4 days you stated. The 14, today, at the absolute latest, although that is 5 days, and IU definitely should be able to certify. Why is it still delayed?"

EDD: "Hold on"....LONG WAIT.....not sure what the delay was, but I have cleared the issue in the system. You will be able to certify tomorrow"

They want you to take them at their word and go away like a good little claimant...insisting a little bit generally works...or at least gets to the point where you get answers beyond "It should take 10 days"

Last edited by thebunny; 05-17-2012 at 02:11 PM..
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Old 05-17-2012, 02:18 PM
 
16 posts, read 21,860 times
Reputation: 12
I see your point. I will call back tomorrow and be polite but insistent on an answer. Hopefully i don't get one of those rude reps that begins to give you the second and third degree when you begin to ask tom many questions.
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Old 05-17-2012, 02:21 PM
 
Location: California
4,404 posts, read 4,494,535 times
Reputation: 2978
Good luck. My calls almost ALWAYS involve holding while I am transferred to another rep, LOL. But it usually works and while I do not always get the answer I want, I find that I do always get off the phone with actual answers not the scripted ones. Let us know!

Oh, and I would try to call back today. I have found that between 1 and 3 is usually the best time to get a person. Even on Mondays. (Yes, I know today is THursday, LOL)
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Old 05-17-2012, 02:29 PM
 
3,308 posts, read 3,549,088 times
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I'd also like to point out that CA does not count severance against you. Them holding up your weekly amounts now would serve no purpose. They want to capture the severance so that you can't double count the wages on a subsequent claim or use them to qualify for a subsequent claim when the severance was actually for a period of time prior to the filing of your current claim. There is plenty of time for them to do that before your benefit year ends. It should not delay you getting benefits today.
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Old 05-17-2012, 02:36 PM
 
Location: California
4,404 posts, read 4,494,535 times
Reputation: 2978
Quote:
Originally Posted by Chyvan View Post
I'd also like to point out that CA does not count severance against you. Them holding up your weekly amounts now would serve no purpose. They want to capture the severance so that you can't double count the wages on a subsequent claim or use them to qualify for a subsequent claim when the severance was actually for a period of time prior to the filing of your current claim. There is plenty of time for them to do that before your benefit year ends. It should not delay you getting benefits today.
All I can figure is that they may be trying to decide if it is severance or wages. The appeal I mentioned in a post on another thread was because I was because I appealed the determination that the severance was actually wages. All I can figure is there is an issue with severance vs. wages. I was told when I appealed that this is a very common issue and all depends on whether the employer still reported hours (like paying for 40 hours on a payroll check) during the severance payments or if it was merely a check for an amount. EDD initially determined wages. I appealed and won.
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Old 05-25-2012, 03:34 PM
 
16 posts, read 21,860 times
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Update-I am currently on hold with a rep from EDD. He pointed out that the fact there is a recomp on my claim and that it has been on month since that process was started. He trying to see what the hold up is.
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Old 05-25-2012, 03:41 PM
 
Location: California
4,404 posts, read 4,494,535 times
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Push them on the recomp and why the holdup. As I mentioned, I had one of these on my claim and was told that it should only take 4 days. This was on about the 6th day. Keep asking the "next" question until you get an actual answer that makes sense. Also as I mentioned, they, in my opinion, have their "scripted" answers that they are supposed to give. You have to keep asking questions until they run out of "script" and have to actually figure out what the answer is....

Good luck and let us know.
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Old 05-25-2012, 03:43 PM
 
16 posts, read 21,860 times
Reputation: 12
Still on Hold
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Old 05-25-2012, 03:45 PM
 
Location: California
4,404 posts, read 4,494,535 times
Reputation: 2978
It will take a while. Whenever you ask them to go "off script" you are then subjected to a VERY LONG HOLD. They will figure it out...you are just on hold waiting for them to figure out where to go now that you are "off script"
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Old 05-25-2012, 03:58 PM
 
16 posts, read 21,860 times
Reputation: 12
Got transferred to another, she told me that once a claim is sent to recomp, that they no longer have access to claim information. She stated that in current state of unemployment in the state of California that there is a possibility that they could be swamp with a large work load. I stated to her the reason i need a clear answer was because if i don't here a resolution by the 11th of next month that i was going to have to contact my creditors and explain to them why my payments were going to be late. She has now placed me on hold again because she said that after looking at something on my account, that i might be payable. This just suddenly came out of left field. What gives?
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