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  1. #1
    Join Date
    Sep 2014
    Posts
    1

    Default Appealing Disallowed Disability Insurance Benefits Based on Missing Information

    My question involves unemployment benefits for the state of: California

    I broke my foot two weeks ago and am unable to work. I applied for DI, but was turned down on the determination I was not actively looking for work. I believe that determination is incorrect, and will write an appeal letter, but want to get advice on whether or not I am on the correct track. Following is a brief synopsis of my situation. Feedback is appreciated because it has been impossible for me to get ahold of anyone at the EDD/DI office.

    I left my position with my last employer on August 2, 2013. I left to visit my family, take a sabbatical from work, learn Spanish and German for future work efforts, and learn a few of the foreign markets that are expanding their solar infrastructure (I work in the solar industry as a consulting/development/sales/project engineer). I returned home six months later and was in job negotiations when I returned. However, those jobs did not pan out, nor did any other positions I worked on for the following 7 months, although I was actively looking for work every month and have documentation of those efforts. Two weeks before I broke my leg, I took a manual labor job to make ends meet. The last day I worked the manual labor job is the day I broke my foot (I broke my foot that evening playing basketball).

    The catch is that I did not list my manual labor job in my application because I did not think it was applicable. That was a poor decision on my part, but that's the situation. I want to write a letter of appeal stating that I was in fact employed when I broke my foot, but am unsure of any other catches that I have to be aware of. My manual labor employer was an acquaintance who is restoring an old house. I was working as a laborer in the house, and was de facto assuming the role as General Contractor for the remaining two months of the project because the homeowners were no longer available to manage the work. The work has required up to 6 laborers, two electricians, two carpenters, two plumbers, a window installer, drywall team, and various other positions. I have payroll checks dating back to three weeks before I broke my foot including emails to the homeowners to record hours worked.

    Should I list this job as evidence of my activity in the labor market? Will that suffice, or should I list more? I listed four applications I performed over the prior three months, but can add more if necessary.

    Regards,
    Yezin

    - - - Updated - - -

    Well, it turns out that the disability insurance email system is questionable. The notice of determination that I was not actively in the labor market was sent before I submitted my job application history. However, it did not arrive to my inbox until 12 hours after it was sent. That delay made me think the notice of determination was sent after my job application history was submitted, but it was not. I and had another job search form sent to me anyway. I hope this takes care of the issue.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appealing Disallowed Disability Insurance Benefits Based on Missing Information

    You took a job performing manual labor -- did you perform this work as an employee, with deductions made for unemployment, disability insurance, taxes, and the like? You say you have payroll checks, and that you can show your receipt of pay ending some three weeks before your accident, but you also claim that you worked during those three weeks including on the date of your accident. Why don't you have records for those three weeks?

    In any event, given your update, perhaps none of this will be an issue.

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