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  1. #1

    Default Unemployment Appeal After Quitting for Mental Health Reasons

    My question regards unemployment appeal. I live in California and was working for a Chiropractor who was impossible to work for. I ended up at Urgent Care and was diagnosed with anxiety and stress directly related to my employer. The urgent care doctor immediately placed me on disability for approximately 6 months and required I see my primary care physician. The urgent care doctor said I did not need to contact my employer, and all paperwork needed he would send directly to my employer. I asked if he could still give me a note to give to my employer so I had a paper trail. He did and I made sure I left the leave of absent notice on his desk.

    I then went to my primary care physician who wanted to prescribe medication for anxiety, depression and stress. The doctor also referred me to the behavior health department. I started seeing a therapist weekly who ended up extending my disability for an entire year and his recommendation was to not have any contact whatsoever with my previous employer. When my disability expired and my therapist released me back to work, I immediately began searching for employment and also filed an unemployment claim. Upon review, I was denied unemployment benefits which I could appeal. I sent the paperwork required to appeal and requested all my medical and mental health records to submit with the appeal which showed the direct link with my anxiety, stress and depression linked to my employment. The records were 2" thick.

    My benefits were not denied because my employer fought paying unemployment, but decided by EDD. The appeal letter from EDD said I had to prove that I did not quit for without having a good reason and/or I was not fired for bad behavior. My appeal was last week. It was a short hearing and the mediator noted all the medical and mental health records. He asked very few questions, and said he'd never seen such a thick file with so many records. He asked me why I did not contact my employer to update what was going on and I told him my medical doctor and therapist recommended I have no contact with my prior employer. Everything was substantiated in my medical records.

    The hearing office has told me it takes 3-4 weeks before I know the decision. I the meantime, I am diligently seeking employment but to date have not received a job offer. What are my chances of winning the appeal process?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Unemployment Appeal After Quitting for Mental Health Reasons

    No better than 50/50. If only because if you were out of work for a year, you likely don't have enough in the wage base to qualify.

  3. #3

    Default Re: Unemployment Appeal After Quitting for Mental Health Reasons

    This is taken from the EDD website, so I qualify for benefits according to their base pay calculations:


    When an individual's base period begins depends on
    when the UI claim is filed. The most recent 3-5 months
    before the claim is filed are omitted; therefore, the base
    period is the 12 months beginning some 15 to 17 months
    before the claim was filed. For example, all claims filed
    in April, May, or June would have a base period of
    12 months beginning January 1 of the previous year
    and running through December 31. All claims filed in
    July, August, or September would have a base period
    beginning in April of the previous year and ending
    March 31 of the current year.

    I filed in April 2011, so my base pay is calculated from January 2010-December 2010. When I initially filed for unemployment I was given the weekly amount I was eligible to receive which is $350/week. It was after my telephone interview with EDD that I was denied based upon EDD determining I had quit. The hearing was to proof I quit for good cause and not for something frivolous. I would imaging having medical and mental health records as evidence to substantiate my claim, would be reason for the EDD to overturn their initial denial of benefits.

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