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  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Default Late with Claim Submission

    My question involves unemployment benefits for the state of: California

    Hi,

    I thought I submitted my claim on time and was very worried that the check was not coming. Then a month later I found the envelope with my EDD claim in the papers - it was never mailed. I didn't know what to do, so I mailed it. The reaction from EDD was a phone interview and a coverage denial for 10 weeks. I feel this is not fair because this entire time I was trying to reach EDD by phone, but it was plainly impossible. Also in case I would never find my unmailed envelope I would never see any unemployment money again - this just doesn't seem right. My question is, how should I write my appeal, so it is effective?
    The point I am trying to make is that unemployment is insurance, so I am entitled to the coverage and cannot be punished so severely for a silly mistake.

    Thanks, your help is appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,091

    Default Re: Late with Claim Submission

    You are correct - a mistake can result in a pretty serious consequence.

  3. #3
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Late with Claim Submission

    Well, this was not actually what I said... Your point is pretty trivial - I would prefer an advise on how to make my appeal more clear. Because the appeal is what I assume to be the correct action plan. Am I right on that?

  4. #4
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Late with Claim Submission

    You can try to appeal, but if you were denied coverage for 10 weeks for submitting the claim form 4 weeks late, I'm guessing that there is more to the story. Most likely, you did a poor job of presenting your situation in the phone interview or you failed to seek employment or document your employment search for that time period, or both. Winning an appeal would require you to remedy whatever fell short from the interviewer's perspective. That means a low likelihood of winning on appeal.

    Of course, the money isn't lost, it is delayed. If you continue to be unsuccessful in finding a new job, the full amount of your claim will still be paid.

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Late with Claim Submission

    Thanks, that was kinda helpful. The only thing missing from my story is that I was so busy with my four children I didn't quite understand how much time has passed since I received the last check. My boyfriend taking care of the bills helped me to remain in that state of innocence for too long. I was never required to present any documentation in regard to the job search. And at the interview the only thing I said was that I thought the claim was mailed and apparently it wasn't - I found it in the papers when it was already too late. So, the important part is that I will still be eligible for the same maximum amount of compensation as before if I continue to fail at my job search. Right? So it is not like the claim for those 10 weeks would be paid, but rather my future claims would be paid until the previously defined maximum is exhausted.

  6. #6
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Late with Claim Submission

    Yes - your claim was just put on hold for 10 weeks. You still can receive the maximum benefit amount dollar wise if you meet all of the requirements. I STRONGLY suggest you completely leave off the information about being busy with four kids and having your boyfriend in charge of your finances IF you choose to appeal the 10 week delay. The EDD COULD determine that you are so busy at home that you don't have time to be gainfully employed. Also, by the time your appeal is filed and heard the 10 weeks will likely be over.

  7. #7
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Late with Claim Submission

    Quote Quoting Musya
    View Post
    Thanks, that was kinda helpful.
    You are welcome. Some days, "kinda helpful" is the best we can do.

  8. #8
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Late with Claim Submission

    Thanks, this REALLY helps And the ten weeks are already over: I was denied compensation for the weeks that I was late - from the week that I was supposed to file on the form submitted late and until the week that I did file it.

    Thanks guys.

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