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Old 02-10-2012, 04:09 PM
 
2 posts, read 18,231 times
Reputation: 11

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Okay, here is my situation.

Back in 2006 I worked as a Loan Officer in California for a company from January to June. In April of 2006, the CEO of the company advised me that business wasn't doing too well and that I should explore other opportunities. He also mentioned that I would have to pay for my own LEADS if I wanted to stay with the company.

After April, my monthly income dropped dramatically since it was a commission only job. Long story short, it was costing me more money to get to work then what I was making so I quit my job June 2006.

July 2006 I filed for unemployment and receive a couple of checks. Then the CEO of the company that I worked for said that I quit my job to seek other work and EDD said that I was disqualified from receiving any more benefits. I was in a really bad situation and didn't know that I could appeal or cared to because I had some personal problems to focus on.

In August of 2006 I moved to New York to live with some relatives to help me get back on my feet.

Five years later in November of 2011 I move back to California and started receiving these letters from EDD that owe them money for overpayment. I filed for an appeal right away and the judge reversed it. So I don't have to pay any money back because according to the law, I had a good cause for leaving my job and should have been eligible to receive these benefits.

My question is, since I was wrongfully disqualified from receiving benefits, does EDD owe me money?

I mean, I was unemployed from June 2006 until about February of 2007. Should they pay me for that time?!?

Also, now that I'm employed and after the judge reversed it, I receive a BANK of AMERICA EDD card, with a $900 balance. I also received something in the mail today that says, "Your Claim Balance After This Payment is $10,800.00"

What does that mean? Does that mean that they gonna pay me that much? If thats the case, should I collect that money even though I have a JOB?

Im confused here.
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Old 02-10-2012, 04:58 PM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
Let's just say under normal circumstances, you do not get to appeal something 5 years after the fact.

If you truly have $10,800 on that debit card that you can spend, no questions asked, that you weren't expecting, I think it would be in your best interest to just keep your mouth shut.

The ALJ may have written things into your decision authorizing payment during the time you eligible under the law, but you thought you weren't and may not have been filing claims anymore, or maybe you did file claims while you were in a disqualified status, and that is what you were paid for. Truth is, it was 5 years ago, so you don't know why, and asking any questions where someone starts looking at the paperwork too closely, and they just might zap that $10,800 off that card, and you'll wish you had curbed your curiosity.
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Old 02-10-2012, 05:31 PM
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
Quote:
Originally Posted by Raulg619 View Post
Five years later in November of 2011 I move back to California and started receiving these letters from EDD that owe them money for overpayment. I filed for an appeal right away and the judge reversed it. So I don't have to pay any money back because according to the law, I had a good cause for leaving my job and should have been eligible to receive these benefits.

My question is, since I was wrongfully disqualified from receiving benefits, does EDD owe me money?

I mean, I was unemployed from June 2006 until about February of 2007. Should they pay me for that time?!?

Also, now that I'm employed and after the judge reversed it, I receive a BANK of AMERICA EDD card, with a $900 balance. I also received something in the mail today that says, "Your Claim Balance After This Payment is $10,800.00"

What does that mean? Does that mean that they gonna pay me that much? If thats the case, should I collect that money even though I have a JOB?

Im confused here.
Yes, you are entitled to that money now. You were unemployed then (6/06-2/07). It appears the CA decision results in retroactive payments for 26 weeks ($450x26=$11,700 [$10,800+$900]. Have they actually loaded the remaining $10,800 onto a debit card? It may be they will be sending you claim forms for the other 24 weeks, or there will be other notification online.

Was the amount you disputed $900? If it was and you did not repay it and CA has now paid it again, it is a double payment. However, let that go for now until you see how you are to go about getting the $10,800. You are entitled to it. Keep checking your debit card balance. If these retroactive payments are not easily forthcoming, follow up w/EDD on how you are to receive those unpaid benefits. But, wait a week or so. You most likely will be receive other communications from EDD.

Also, continue to monitor your online status. The weeks offered for claim will give you your lead. Do not, under any circumstances, file a claim for a week not included in the 06/07 timeframe.

Keep us posted on this.

Happy New Year! (I think)
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Old 02-11-2012, 12:51 PM
 
2 posts, read 18,231 times
Reputation: 11
Quote:
Originally Posted by Ariadne22 View Post
Yes, you are entitled to that money now. You were unemployed then (6/06-2/07). It appears the CA decision results in retroactive payments for 26 weeks ($450x26=$11,700 [$10,800+$900]. Have they actually loaded the remaining $10,800 onto a debit card? It may be they will be sending you claim forms for the other 24 weeks, or there will be other notification online.

Was the amount you disputed $900? If it was and you did not repay it and CA has now paid it again, it is a double payment. However, let that go for now until you see how you are to go about getting the $10,800. You are entitled to it. Keep checking your debit card balance. If these retroactive payments are not easily forthcoming, follow up w/EDD on how you are to receive those unpaid benefits. But, wait a week or so. You most likely will be receive other communications from EDD.

Also, continue to monitor your online status. The weeks offered for claim will give you your lead. Do not, under any circumstances, file a claim for a week not included in the 06/07 timeframe.

Keep us posted on this.

Happy New Year! (I think)
Im confused here. The piece of paper that I received is a Continued Claim form. It tells me to answer all questions and mail this form on 2-05-12. But I got it a couple days ago. AFTER the 2-5-12 date. Also, it says for weeks in August of 2006. Am I supposed to feel this out and send it back?!?

Why is it so hard to call EDD and actually talk to someone with half a brain to clarify things? Instead I have to go through a freaking wave of iRobots to finally reach a person that doesn't know anything. Can someone direct me to a place that states that if I was wrongfully disqualified from collecting Unemployment for the 6 months that I was unemployed in 2006, that I'm entitled to receive that money today in 2012!

and how do I go about getting this $$$?
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Old 02-11-2012, 01:27 PM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
Fill out the claim form, and send it in. This is your big chance. It's a rare event indeed that someone gets benefits from 5 years ago.
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Old 02-11-2012, 01:53 PM
 
Location: Wisconsin
25,580 posts, read 56,477,246 times
Reputation: 23385
My comments in bold:
Quote:
Originally Posted by Raulg619 View Post
Im confused here. The piece of paper that I received is a Continued Claim form. It tells me to answer all questions and mail this form on 2-05-12. But I got it a couple days ago. AFTER the 2-5-12 date. Also, it says for weeks in August of 2006. Am I supposed to feel this out and send it back?!?

YES, you are supposed to fill it out and send it back. You will continue to receive these claim forms. CA has often been mailing claim forms late so that recipient doesn't receive until after the mail back date. IGNORE the 2/5/12, complete the form and return it.

Do not be confused. You are owed this money.

Why is it so hard to call EDD and actually talk to someone with half a brain to clarify things? Instead I have to go through a freaking wave of iRobots to finally reach a person that doesn't know anything.

This is typical. You have less than a 50% chance of getting a rep that is qualified to answer anything. And knowledge is varied, depending on who you talk with. One individual may know a lot about one thing and not so much about another.

Can someone direct me to a place that states that if I was wrongfully disqualified from collecting Unemployment for the 6 months that I was unemployed in 2006, that I'm entitled to receive that money today in 2012!

You have already got that "place" 1) in the form of the decision from the ALJ reversing CA's request for overpayment, which effectively grants you your benefits, and 2) CA's letter on your remaining balance.

Quote:
I filed for an appeal right away and the judge reversed it. So I don't have to pay any money back because according to the law, I had a good cause for leaving my job and should have been eligible to receive these benefits.

DO NOT OVERTHINK THIS!!! Hard to believe good things happen, but sometimes they do.

and how do I go about getting this $$$?

You get the money by returning the claim forms as you receive them.

CA does not normally pay the entire sum that is owed retroactively in one lump sum but, instead, usually pays these amounts incrementally - especially this large a sum.

Next week you may get two or more forms at one time. Complete them all and return them. That is how you will get your money.

It may take a period of a couple of months for CA to pay this off. Keep returning the forms as you receive them.

Keep copies of everything you send back to them, as well.
Quote:
Originally Posted by Chyvan View Post
Fill out the claim form, and send it in. This is your big chance. It's a rare event indeed that someone gets benefits from 5 years ago.
LOL - indeed. We all should have these problems.

Last edited by Ariadne22; 02-11-2012 at 02:09 PM..
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