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  1. #1
    Join Date
    Apr 2013
    Posts
    1

    Default Reopened Approved UI Claim and Now It's Denied

    My question involves unemployment benefits for the state of: California

    In October I first filed a CA UI claim. I was terminted for misconduct. I filed an unemployment claim and was approved with a 5 week penalty. I served two weeks of that penalty. On 11/05/2012 I had to go on disabilty due to pregnancy. The UI office called me and I told them I was on disability due to pregnancy and would not be eligible for UI benefits. I was told once the disability was done to reopen my claim. On 03/19 repopened my UI claim and now received a letter stating that my claim is now denied due to the misconduct. How can it be denied if I was originally approved for it in October? ( I still have that approval letter). Should I call them or just file an appeal?

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Reopened Approved UI Claim and Now It's Denied

    File the appeal. It may be the only time you get to speak to a live person at EDD.

    Then you can try to call someone to see what really happened. Could be that your employer appealed your first determination, and you never knew the decision had been reversed. If things do end up getting cleared up because of your call, you can cancel your appeal, but if you call first, you might very well end up being late with your appeal, and then you'll lose out not because your case had no merit, but because you were late.

    Did you get the 5 week penalty because you marked laid off on your application instead of discharged? If so, fight that too. You wouldn't be the first person to think you were laid off because you thought the employer was telling you "things were slow," only to get a determination that EDD says, "you're eligible for benefits because being too slow on the job is not misconduct," but being assessed a 5 week penalty for a false statement, when it wasn't all that false but rather a misintrepretation by you or the EDD interviewer when he/she talked to your employer.

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