Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Options
My question involves unemployment benefits for the state of: California
Hello,
I filed for unemployment benefits recently and I received my claim form like usual (same as I had several years ago). Apparently I was also sent a notice that requested documents such as a copy of my drivers license, passport, and other documents that would verify my identity (this is apparently to avoid fraud and make sure benefits are paid to the proper person).
I was supposed to send these documents to the EDD within 10 days, however I did not see this notice until after I received an additional notice about 2 weeks later that stated I was not eligible to receive benefits because they had never received any documents from me that would verify my identity. I then sent the EDD an e-mail asking about the status of my claims and what needs to be done to fix the issues with my claim. They responded 12 days later and said that I needed to send in an appeal letter and the documents required to verify my identity.
My question: What are my options here? I know that I can file an appeal, however it has been more than 20 days since the last notice so it might not work. I am desperately low on cash and I really need the fastest possible option to start receiving benefits, and from what I have read it can take quite a while and be a very large hassle to go through the appeals process.
Can I just file a new claim? Instead of going through the appeals process to receive the benefits for the past 6 weeks, would it be faster for me to just file a new claim that would start my benefits from the date of the new claim filed? Is it even possible for me to file a new claim after being denied benefits due to my "failure to provide documents to verify my identity"?
I would prefer to file a new claim and start receiving benefits as soon as possible, as opposed to going through the appeals process so that I can get the checks from the past 6 weeks (which I don't really mind losing those 6 weeks worth of checks, I just really really need to get money to pay for rent so time is my priority at the moment).
Thanks for your help, it is greatly appreciated! :)
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Filing a new claim is not an option. Unfortunately, you're stuck with the claim you have. All you can do is send the appeal letter and the required documents and hope for the best.
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Well I guess I'll try the appeal process in that case.
Is there any particular reason why I can't file a new claim that would have the starting day be today? From my previous experience, if I had filed a claim and exhausted my benefits, and I wanted to file a new claim after finishing another contract job, I had to wait one year from the last claims filing date before I could file a new claim, which makes sense in that case.
I'm just a little confused as to why I can't file a new claim when the only reason I was denied benefits was due to not sending in documents to verify my identity within the required 10 days. I eventually did send in the documents without an appeal letter, which they stated they never received.
Would I have to wait another year from the date I filed the claim (the one that was denied), before I can file a new claim?
- - - Updated - - -
It just seems a little strange that I need to file an appeal and go to a hearing just because I did not see the first notice regarding the documents I needed to send them to verify my identity. It's not like I'm disputing anything with my employer or something like that. All I need to do is verify my identity, which is pretty basic and doesn't really seem like something that warrants so much effort and time dealing with an appeal hearing with a judge etc. I mean, verifying my identity should be as easy as sending in the requested documents, it seems a bit excessive to go through this whole process on something that isn't really a "dispute" but rather just a basic mistake.
Thanks for your help, I'll just start the appeal process and see what happens.
If they deny my appeal, does that mean I can't file for unemployment benefits for another year??
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Look at the determination where you were denied. I'm in AZ and don't know the specifics for CA, but on my form it says, "This determiantion becomes final unless a written appeal is filed by telephone, mail, by fax or in person with 15 calendar days after the mailing date shown at the top of this determination."
I'm hoping that yours maybe says "email or electronically." If nothing else, file your appeal. Your reason for being late is that it took CA 12 days to respond to your request. Had they responded immediately to your question, your appeal would have been timely. Also, I know that CA's phone system is still overwhelmed, so it's not unreasonable that you'd have tried to take the easy route and failed to mail or fax in your appeal request.
As big a pain as it is, when you get an adverse determination, appealling is generally the only way to get it fixed.
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Essentially the notice where I was denied states: I was denied benefits because I did not provide the requested documents to verify my identity. "Until a photo identification and one additional identity verification document are received, the department finds that you do not meet the legal requirements for payment of benefits."
To me, that sounded like I just needed to mail them the documents, which I then did so promptly. After that paragraph on the notice, it states that I have the right to file an appeal if I do not agree with all or part of this decision. So it seems a little misleading in the way they worded the whole notice, not really being very clear as to whether I need to file an appeal along with sending in the documents.
Essentially it says that I had 20 days to file an appeal, and if I filed one after 20 days I would need to provide a reason as to why it was being filed late etc.
Unfortunately I have been calling the EDD here in California all day every day, hundreds of attempts to speak to someone and they always have "too many people waiting on hold to take my call". I have been trying everything I can to get a detailed response to my questions directly from the EDD but alas it is virtually impossible to get them on the phone with a live person and they take 1 or 2 weeks just to send me a one sentence reply to any e-mails I have sent to them.
I'll just send the appeal tomorrow morning and continue trying to contact them via phone/e-mail to figure out whether or not I can just file a new claim and completely drop/disregard my original claim.
Thanks for the info :)
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
You can't file a new claim because you still have recourse on the first one. You get one claim a year. If you choose not to appeal the existing one, you don't get a second bite at the apple.
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Also, in your appeal, bring up that language, "Until a photo identification and one additional identity verification document are received,..." as an additional reason for your delay.
That suggests that you could have sent in the documents at anytime and that your failure to send it in would not have resulted in a permanent disqualification, but rather only a delay until you completed that task.
Also, I hope you've kept and continue filing for each of your bi-weekly claims.
Re: Failed to Provide Documents To Confirm My Identity on Time - Now What Are My Opti
Well, it turns out my claim has actually been amended already and I am now receiving money to my debit account with Bank of America! I'm pretty confused, but I'm guessing that they actually did receive the documents that I had sent in when I received the notice stating I was not eligible till I sent in those documents.
So apparently I actually did read the notice properly, apparently all I needed to do was send in the documents (the option to appeal was there but not required). I sent the documents in about three to four weeks ago.
Most likely it took this long because of the time it took to mail in the documents and then have them processed, as well as the additional holiday time during Christmas/New Years since they close during those periods. Strange stuff, but I actually got several documents in the mail today stating that my claim had been amended, and that it was valid until the end of 2013. So I decided to call in to the EDD automated line and enter in my information to check when my last payment had been made. It said that I received a payment last Thursday, and sure enough when I checked my debit account that was issued to me by the EDD previously, the money was there.
So much stress off my shoulders! And of course this all happens to be brought to my attention after I spent the past few weeks trying to contact the EDD and figure out what was going on and what I needed to do.
Thanks for all your help, much appreciated :)