Filing an Unemployment Appeal After its Deadline

[elpepin]

My question involves unemployment benefits for the state of: Texas
I have a case of overpayment to settle but unfortunately I appealed after the deadline. I was surprised when I got the appeal packet and at that point I was very happy because I thought the appeal was moving forward. After over a week of sleepless nights, body aches, nerve wrecking anticipation and planning I finally had the telephone interview. To my surprise all the planning I did was a waste of time and total self-torture. The interview turned confusing when the officer started asking me about the date I had receive the notification letter and he began lableling pages as exhibit and cases. He keept asking me MORE about the date I had received this letter and that letter. My head was still spinning around, mostly because I did not know the aswers to his questions. I remmeber saying at the begining "I don't know, I'm not sure" to "I suppose it could have been" to "yes" (I was horrible) Then the final questions was: Why did you appleal late? then I realize that the interview was not for the overpayment issue but to determine if the appeal would continue. Well, I had not prepared for this AT ALL and all I could bring myself to say was "the letter was given to me late, my mother doesn't speak english and the letter was left in a pile among her own" and that was it. He told me that he did not have the power to proceed with a late appeal and told me that I could appeal his descition. It seems I am screwed. Is there anything I can do to win this? it seems like the odds are stacked against me. Should I get a lawyer since it was obvious that I do not deal well with the suprise factor. It is important for me to get this appeal for I have an overpayment of $12,000. CONSTRUCTIVE criticism ONLY please. Thank you.

[Dogmatique]

I think what was happening was that they were trying to ascertain if you had a legitimate reason for appealing after the deadline. Unfortunately I'd have to agree with their decision that "the letter was given to me late, my mother doesn't speak English" didn't constitute valid grounds to legitimately go past the deadline.

Had you (or even she, perhaps) been hospitalized suddenly, I can see them allowing the appeal, but not from what you've said here.

Sorry.

Perhaps someone else can come along and respond, too.

[BennyBlanco]

Almost nothing can be done, sorry to say. You were at least honest, but unless you simply didnt get the notices at all (theyre not certified mail, and often lost in apartment buildings, etc) there really isnt anything that permits you more time than everyone else. Technically, you DID get the notices, your mother just didnt get them to you in a timely fashion. My mother speaks 90% Italian, so I get where youre coming from, but its your responsibility to compensate for that by making sure nothing important sits in an unidentified pile.

Once the 20 days pass, you not only lose the right to appeal (the person you met with was determining if they would even give you a CHANCE to be CONSIDERED for a late appeal) you also lose the right to contest the amount charged and any penalties added to it.

Did they send you a standard appeal hearing packet, or were you looking at old mail? Because they do outline what youre going to be talking about when its a request for a late appeal, which they are not inclined to grant, citing the possibility of a delay tactic in many cases (I dont know you, so not accusing anyone).

I tell people this often, but if you have any feeling that something might be wrong with your UI payments, be it a larger check than normal or a continued payment you should not have gotten, immediately contact EDD. Once they come looking for you, Congress gave them a LOT of power in 2/12 to do a lot of nasty things to collect their cash, and you dont have many options left. They assume you either know or should know, and if you dont respond, they consider it deliberate.

[cbg]

I went back and re-read your earlier posts. I'm sorry, but we told you from the first that appealing after the deadline meant it was a long shot at best. Feel free to talk to a lawyer but the law is indeed clear - you have x amount of time to file and if you don't file within that deadline, you lose the right to appeal. You didn't appeal within the deadline and whether you do or do not do well with a "surprise" factor does not change that.

ETA - Oops, didn't realize that this thread from from almost two months ago. Mea culpa.