Outdated notice of determination for current claim (collecting, file, receive)

[Tjones98]

Hello a little confused, please help if possible.


I have read previous explanations on 1257a 5-15 week penalty info, what I need to do and what it means, however I was sent this notice of determination post dated 12/3/2014 with penalty dates for last year. Very confused. It reads you are not eligible to receive benefits under code 1257a beginning 3/10/2013 until you have filed a claim for each 8 weeks eligible. This was "originally mailed" 3/11/2013. after filing a new claim last Saturday, I was resent this old dated letter of determination.When I call the automated it says my day to certify for benefits is 12/7/2014, so was this letter for informational purposes? Will I get benefits? Please help!

[Chyvan]

Originally Posted by Tjones98

so was this letter for informational purposes?

It was for information, but they mean it. If you have an 8 week penalty that needs to be satsified, then that's what has to happen, or you need to appeal it to try to get it eliminated or reduced.

Originally Posted by Tjones98

Will I get benefits? Please help!

You might, and the weekly claims you submit from this claim will go towards satisifying the penalty, so it could be that you'll be filing, and receiving no money because EDD will keep it. However, you should file the weekly claims because if you don't, then you'll never get that penalty taken care of if appealing doesn't make things better for you.

[Ariadne22]

Originally Posted by Tjones98

however I was sent this notice of determination post dated 12/3/2014 with penalty dates for last year.

It reads you are not eligible to receive benefits under code 1257a beginning 3/10/2013 until you have filed a claim for each 8 weeks eligible. This was "originally mailed" 3/11/2013. after filing a new claim last Saturday,

I was resent this old dated letter of determination.When I call the automated it says my day to certify for benefits is 12/7/2014, so was this letter for informational purposes?

Will I get benefits?

No you will not get benefits until you claim eight weeks - actually nine including your waiting week. Letter was sent as a REMINDER that you have an unsatisfied penalty from last year.

Unsatisfied penalties carry forward for three years. Read the letter you got last year on this penalty. It clearly states this penalty remains on your account for three years - or until you've claimed those penalty weeks.

You had a claim last year on which you were penalized - beginning 3/10/2013. Sounds like you were assessed an overpayment penalty for failure to report earnings over a period of four weeks - 5 wk dq for first week, 1 add'l wk for each wk you failed to report thereafter.

Because you did not claim (serve out) those penalized claim weeks last year, you need to claim those eight weeks now and not be paid, before CA will pay benefits on this new claim. This doesn't affect the monetary award of this new claim - you are just required to serve out the penalty weeks before collecting.

Altogether, including the waiting week on this new claim, you will be without benefits for nine weeks. After that CA will pay future weeks claimed.

Keep claiming.

[Tjones98]

Thank both of you for the information I really appreciate the insight on this

[Tjones98]

The only other thing is that the appeal had to be filed 20 days from that notice last year so will they still give me time to appeal it now since it will apply to the new claim? Because no appeal form was included.

[Ariadne22]

Originally Posted by Tjones98

The only other thing is that the appeal had to be filed 20 days from that notice last year so will they still give me time to appeal it now since it will apply to the new claim?

No. The time to appeal that penalty was last year.

[Tjones98]

Wow so I'm just screwed for 9 weeks lol better then nothing thank you again!