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  1. #1
    Join Date
    Jan 2018
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    1

    Default How to Win an Unemployment Appeal in California, Section 1253a

    I had been laid off from my job on 11/9/17 due to hospital closure. I did not file for unemployment right away because prior to the hospital closure I had been applying for jobs and had had a few interviews. I had thought I would get a job offer prior to my official date of lay-off. I ended up deciding at the beginning of December I need to file for unemployment. I have been approved for unemployment benefits from the date I applied till now. I am trying to get back pay starting from the date I was laid off. I had a phone interview regarding my application for back pay. However the phone interview was very minimal. The only questions that was asked was what date do I want to start being payed for and why I didn't apply for unemployment when I was first laid off. I was then informed that I would need to fill out paper work that will be sent to me via mail to be eligible for the back pay. Instead I received a letter stating "YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT INSURANCE CODE SECTION 1253A." I would like to write a letter of appeal but I am not sure how to go about writing a successful letter that will help me win my appeal.

    Please Help!!!

  2. #2
    Join Date
    Oct 2014
    Posts
    6,791

    Default Re: How to Win Appeal Section 1253a

    You need to apply as soon as you know you will be out of work at least a week through no fault of your own. The basic rule followed in California and most states is that you are only eligible for benefits starting the week that you first apply for them. If you wait and file a few weeks later you typically do not get benefits for the weeks before you applied. The California EDD says the following on its web site:

    Title 22, Section 1253-2, provides:

    "Week of unemployment" means the week of unemployment in which an individual registers in person at an employment office prior to the close of business on Friday of such week.

    The Department applies this regulation to claims filed by mail or by telephone, as well as in person.

    Example 1:

    The claimant reported in person on Friday, February 8, and advised the field office that he had been laid off on January 28. He did not contact the Department earlier because he was busy looking for work. He wished to claim benefits from the time of layoff.

    The effective date of the claim is February 3, the Sunday prior to the Friday on which he reported.

    Example 2:

    The claimant telephoned the Department on Friday, February 8, and stated that he had been laid off on January 28. He did not contact the Department earlier because he was busy looking for work. He wished to claim benefits from the time of layoff.

    The effective date of the claim is February 3, the Sunday prior to the Friday on which he contacted the Department.

    Iím not seeing any good basis for appeal from what you have said but perhaps some of the other regulars here that have experience with UI claims might have some suggestions. In the future if this situation comes up again, do not wait to file the claim even if you think you might have a new job lined up. Until you actually have a job secured take the unemployment.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,298

    Default Re: How to Win an Unemployment Appeal in California, Section 1253a

    Quote Quoting fvab78
    View Post
    I had been applying for jobs and had had a few interviews. I had thought I would get a job offer prior to my official date of lay-off.
    As written, this is not a valid reason to get backdating to your actual lay off date.

    Quote Quoting fvab78
    View Post
    I would like to write a letter of appeal
    There's no such thing as an appeal "letter." They are appeal REQUESTS. You're simply asking for a hearing. Nothing you put in that letter will help you win (but it can help you lose).

    http://www.edd.ca.gov/UIBDG/Miscella...meRequirements These are some of the valid reasons to get your claim backdated. However, you'd still have to meet your burden of proof at a hearing, and I suspect that you told EDD "I was interviewing, I thought I'd get a job and not need to file" as your initial reason, and you'll be hard pressed to get anyone to believe that there was some better, alternate reason that would allow backdating now that you've already committed to a story.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,086

    Default Re: How to Win an Unemployment Appeal in California, Section 1253a

    I think you should forget this appeal and just press on with drawing a claim from this point forward. You have nothing you could say in your appeal, at this point, or at the beginning that is going to make it anything other than your personal decision of when to file for benefits. In other words, you were not hindered by any other force other than your personal choice or lack of knowledge of when you should have filed, which led to your poor decision of not filing in a timely manner. "Committed to a story" is another way of saying you have told the agency the truth.

    And unless you now create some believable whopper to put in the appeal, (which they are going to notice and probably will not believe,) you don't have much of a chance of being backdated. If you'd tried to call in fifty three times and were unable to file because of a problem with the system, or due to very high claims loads, or if you had been hit by a truck and went into a coma the day after you were laid off (and then again, that would bring in other issues) maybe, but nothing about your deciding to wait and see if you really would need unemployment or if you were going to get a job you'd interviewed for is going to be a valid reason for not filing timely or for them to backdate. You can send in an appeal and roll the dice, but don't expect it to work very well. You were denied a backdate on a sort of general "denied, some miscellaneous reason" statute, which comes down to "claimant did not file a timely claim."

    You have not actually changed the amount you are eligible for, just postponed the date when you begin receiving it, and nothing in the law prohibits you from making this choice or gives you extra credit for making this choice.

    When I worked with closures, it was one important piece of information we needed to provide to the affected workers, unemployment insurance is not welfare, it is not needs based, and you do not wait until you actually need it, or "save it up" to use later by not filing as soon as you are laid off and requesting a backdate. Some people would tell me, 'Give it to someone who needs it more!" as if it were not a personal insurance situation, or as if it were based on their poverty level, which it is not, and this sort of misunderstanding sometimes causes people to make a bad choice about when to file.

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