Confusion about appeal form (Citing 1253C) (receive, apply, claim, qualify)

[jp1239]

I was fired from my job in March of 2020, but the company states I resigned. I'm not sure if that has anything to do with this.

What happened was, I started getting sick, and called in for two days in a row. I was out of sick hours because both my wife and I got sick for an extended time in February. Company policy was to call in two hours before your start time and I did that both days. The third day I didn't call in until two hours after start time because of how sick I was, and also sent an email to my team leader (no response). The fourth day I called in before my start time. I didn't get tested for COVID, but I had all the COVID symptoms (fever, cough, loss of taste and smell). The fifth day was a scheduled day off but I emailed both my team lead and supervisor and only heard back from my supervisor later that day with an email that only stated "Due to your failure to report for work and/or contact us regarding you not coming in to work, we are accepting your resignation in accordance with our job abandonment policy." I responded, citing the times I did call each day as well as the emails I had sent, and never received a response or call back. A few weeks later I submitted my unemployment request, referencing what happened and my employer's response and was approved for unemployment.

Now over 2 years later, I missed my phone interview for the EDD due to having my mail going to my old address and assuming the phone call I got from EDD was a scam call. Dumb mistake on my part, but I logged into the EDD website and didn't see anything on there so I figured the voicemail was a scam. I also received an appeal letter.

On the appeal form it states;
"You are not eligible to receive benefits under California unemployment insurance code section 1253C beginning xx/xx/xxxx and ending when the disqualifying conditions no longer exist, and you contact the above office to reopen your claim.

You cannot work for health reasons. Section 1253C Provides - An individual is eligible for benefits in a week only if the department finds he was able to work and available for work.

You are not eligible to receive benefits under California unemployment insurance code section 1257A beginning yy/yy/yyyy until you have filed a claim for each of 15 weeks in which you are otherwise eligible for benefits."

I don't understand why it's citing "You cannot work for health reasons". I don't know if I made a mistake when submitting my unemployment, but when I was fired from my job I couldn't work because of being sick, but every week I submitted unemployment I always marked the box that I was available and looking for work and always made sure I didn't check the box that says I was too sick to look for work.
In the appeal letter I have no idea what to put. Do I just simply say I disagree with the decision because I suspect I had covid and was too sick to work? I really don't want to mess this up.

[Rabrrita]

Under unemployment regulations, you may be eligible for unemployment benefits but if you are unable to work due to sickness, you cannot be paid for that period. EDD may have received credible information that you were in fact sick and would not been able to work. This could come from information your former employer submitted, from something you said or did or it could be some form of other state assistance you sought related to health, or it could be the newest fad of someone you know who decided to report you to the unemployment fraud hotline.

Whatever the reason for the information, they are saying that during the period you were being paid unemployment benefits, you were sick which means they cannot legally pay you unemployment benefits. So, think carefully, did YOU at any time say or mention to anyone at unemployment that you were sick? If so, have you provided them with any documentation saying that your health issue no longer prevents you from working? Once a medical condition exist that is the cause of your unemployment, (even if it's ruled non disqualifying for approval of benefits) you need a medical determination that it no longer applies in order to actually get paid benefits.

[jp1239]

Originally Posted by Rabrrita

Under unemployment regulations, you may be eligible for unemployment benefits but if you are unable to work due to sickness, you cannot be paid for that period. EDD may have received credible information that you were in fact sick and would not been able to work. This could come from information your former employer submitted, from something you said or did or it could be some form of other state assistance you sought related to health, or it could be the newest fad of someone you know who decided to report you to the unemployment fraud hotline.

This makes sense but I'm still a bit confused. I was sick and wasn't able to work, but that was only for a week or two weeks at the most. Just to give a timeline, I became sick on the 9th of March, and received my "resignation notice" on the 13th of March. I didn't apply for Unemployment benefits until April 10th, so by that point I was healthy enough to work and I didn't claim unemployment for any weeks before April.

Originally Posted by Rabrrita

Whatever the reason for the information, they are saying that during the period you were being paid unemployment benefits, you were sick which means they cannot legally pay you unemployment benefits. So, think carefully, did YOU at any time say or mention to anyone at unemployment that you were sick? If so, have you provided them with any documentation saying that your health issue no longer prevents you from working? Once a medical condition exist that is the cause of your unemployment, (even if it's ruled non disqualifying for approval of benefits) you need a medical determination that it no longer applies in order to actually get paid benefits.

If I'm understanding this right then, on my appeal letter all I would have to say is that I *was* sick as the reason for termination with my job, but I wasn't sick when applying for benefits? The wording on their letter really doesn't make much sense.

[Rabrrita]

Section "C" is what's called (and you will see that mentioned often on this forum) as Able and Available (A&A). It's a provision of every state's unemployment law that requires you be Able and Available to seek, accept and start gainful employment at all times of your certifying week.

If you are sick, or have a health issue that caused your unemployment, it's assumed you are also unable to work until that condition has passed. This is more pronounced when it's dealing with a condition that traditionally requires medical care. Normally, benefits are suspended while a health situation is in play and restarts when cleared by a health professional.

Now, before writing your appeal, under CA regulations, you can simply request an appeal hearing where you can present details and documentation before an ALJ (Admin Law Judge) where you stand a better chance of approval.

One last thing, the basis of your "defense" will be based on the regulations in effect during the period in question, not on prior or current regulations. S, if your unemployment claim covered a period where special pandemic regulations were active, that's the standard you should use; especially if more favorable to your situation.