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  1. #1
    Join Date
    Nov 2013
    Posts
    3

    Default Can You Get Training Benefits if You're Not Eligible for Unemployment

    My question involves unemployment benefits for the state of: California

    Questions and cliff notes:
    Do I have to be on Unemployment Insurance first to qualify for California Training Benefits?
    Will I have to quit going to school, get on UI then apply for CTB and start going to school again?

    I'm partially disabled and was let go of my job, I exhausted CA SDI benefits and am back in school. I applied for UI and was originally granted it, I read that I might not qualify so I was trying to get on CTB but was suddenly denied UI due to "not healthy enough to work" and the CTB process ended. I appealed the denial and the final decision was I can work, but I'm denied due to not being available due to school.

    Background:
    I was diagnosed with a disease last year on 9/2/12, but I have permanent physical restrictions which preclude me from my career of 10 years. I only have experience in that field and most related that I would qualify for are physical jobs, so I knew I would have to learn a new skillset. My doctor encouraged me to apply for SSDI and stated that I should qualify, but I was denied for "being healthy enough to work a little".

    I knew that I would not be able to return to work decided to look for other fields. I worked with the Department of Rehabilitation and they found the need for biological scientists in my local labor market, and I already had course work toward it so I started attending a university in 1/13. I applied (not realizing that there was a 1 day overlap) for unemployment on 9/1/13 and was granted initially, but then I got a notice of needing a phone interview. I realized then that I wouldn't qualify for UI benefits due to school, but I should qualify for CTB under the self directed training criteria due to the following facts: I was displaced due to health and could not return to my previous occupation, per DoR the field is in demand, I will complete school in 1 year, the school is listed (but not the program) in the EDD's list. I had a phone interview with UI/CTB and was given a sheet to bring to my school and I had to have them rush to have it in within a 10 day deadline.

    I then received a phone call from CA SDI stating that I applied for both at the same time and that I could not receive both UI and disability at the same time. I informed them that it was an accident and that there was only a 1 day overlap, the person asked if I was still disabled and I said yes that I cannot return to my previous line of work, but I can do a non physical job. They asked if I was going to school and I explained everything. I then got a denial of benefits a few days later in the mail stating that I am not available to work because of health reasons.

    I filled out an appeal stating that I am willing to work around school and I can do office type work and that I'm available 5 days (Tue Thu Fri Sat Sun) a week for work. I had a hearing and the judge was very rude to me and would cut me off while speaking, I did not get a chance to state my case fully, and he said I did not qualify because I was too disabled. I gave the judge a document from my nurse practitioner with a list of limitations that I have, but none of them prevent me from working sedentary type job, but because it stated "if the patient's employer cannot provide the employee provisions to meet these criteria, the patient is considered to be temporarily and totally disabled from that position." the judge tried to spin it saying that I am totally disabled. One of the limitations is "no bending at the waist" to which he stated, "Well that means you can't do a job where you sit down." which I replied with, "It says nothing about sitting down, bending over is much different." Once I started pointing out the context of my document and that I would indeed qualify for that type of job, he moved on to using school as leverage to disqualify me. I told him that I felt I qualified for CTB and he said he didn't care and that was not what he was there to decide. Even though the first denial said "Denied due to health" the denial he listed on the documentation was "unavailable to work due to school."

    Thank you in advanced.

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

    Default Re: Can You Get Ctb Without Being Eligible for UI First

    Being disqualified because of school is only in effect when you are IN school. If you can't drop out because you don't want to forfeit the tuition, just stick it out until the first day of Christmas/semester break. Reopen the claim because you're not in school. Then hopefully your break is sufficiently long enough that you can get qualified for CTB or you can get a class schedule set up that is outside of traditional working hours, online, or weekends.

  3. #3
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Can You Get Ctb Without Being Eligible for UI First

    I can probably tough it out, I'm on break in exactly one month. Would I be granted the back payment (been living off of loans)? Also should I just try to file a new claim with the original date, should I file a new claim starting the day that I am on break or should I send in the second appeal paperwork right before the break so I have a hearing during and then state I'm not currently going to school?

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can You Get Ctb Without Being Eligible for UI First

    You only get to file ONE claim per job loss per year. You've done that. You have one already and it stays as it is until it expires in approximately one year from the date you filed. Until it expires, you can only reopen it.

    Your decision was that you are not eligible because you are in school. You are disqualified until that situation changes. You don't get any back payments because you aren't eligibile for any week that you were IN school.

    The day your break starts and you are NOT in school, you REOPEN your existing claim, and tell EDD that you are no longer in school. You'll get benefits from that moment forward until you are back in school. Then you start trying to get into the CTB program immediately, and hopefully you succeed before the next semester starts. There is no need to appeal anything. You weren't disqualified completely. Your disqualification goes week by week as long as you are in school with your current class schedule. In the event that you can't get into CTB before the next semester starts, if your new class schedule doesn't interfer with you looking for work or accepting work, then you can continue to collect benefits even if you don't get into CTB.

    Now, if the ALJ made a mistake in the decision regarding your attendance at school, you might want to appeal to the board of review to get any backpay, but your chance to present evidence was at that hearing and the record has been established. I wasn't there and I didn't read your decision, so generally, it's unlikely that you can get the board to overturn the decision and allow benefits based on the fact that school doesn't interfer with you working.

  5. #5
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Can You Get Ctb Without Being Eligible for UI First

    After reading your post chyvan, I reviewed the decision paperwork to see if the ALJ set aside the original reason for denial and went with his own and I think that the code section in which the EDD denied me, is the same code, but under different circumstances. I was originally denied (the paperwork said 1253(c) unavailable to work due to health.) The ALJ stated in the decision that he affirmed the determination under 1253(c), inside the "reasons for the decision" section, he cited a case in which the supreme court ruled that for that availability for work, there are 2 requirements. 1: An individual must be willing to accept suitable work which he has no good cause for refusing. 2: thereby make himself available to a substantial field of employment.

    The judge's statement was, "The claimant was certified by his physician to be temporary and totally disabled as he could not meet the restrictions or limitations. The claimant acknowledged there is no longer any labor market for him in the health industry as all of his work experience was in the healthcare industry. Notwithstanding his desire to work in an office setting, he does not have any work experience in that field. He is currently attending school on a full-time basis and is concentrating on school attendance in order to secure a bachelors degree, under the circumstances, the claimant has essentially removed himself from a substantial field of employment in the labor market. Accordingly as he is not available to a substantial field of employment in the labor market and he is not able to work due to the restrictions, it follows that he is ineligible for benefits under code section 1253(c).

    I was a health care provider and I told the judge that I could not do any heavy lifting anymore because of my partial disability which precluded me from doing the job I'm certified in, and that I'd need another certificate to provide care in the health field and that I think an office job would be best suited and that I had been applying to many types of jobs (even as an instructor.)

    Also I provided a list of restrictions which stated that I was "temporary and totally disabled from customary work", but the last sentence of his statement makes it sound as if I am indeed disabled from any work.

    I fear that if I don't try to appeal to board, when I'm out of school I will be denied again because of the part pertaining to not being available to a substantial work field. If I apply for an appeal at the last minute (3rd of december) I will be done with the semester a week later, which I'm assuming it would take at least a week to process. I also wont be able to return to school because I can't afford it, I have no income and I've exhausted all of my savings.

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