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  1. #1
    Join Date
    May 2009

    Default Will I be Disqualified for Filing a Late Bi-Weekly Claim

    My question involves unemployment benefits for the state of: California
    I misread the instructions on the bi-weekly benefits claim form. I thought I had 14 days to fill it out, sign, date and mail it in order to continue to receive my benefits. It turns out the form must be received by the EDD within 14 days. I had not sent it back immediately, as is my usual practice, because I had been told I would be hired by a new employer. When I had not received confirmation by the 14th day, I contacted the prospective employer and learned they wouldn't be hiring until mid-July. I immediately filled out the claim form and mailed it. I have now received notice back from the EDD that, because they received my form after 14 days, I would have to show "good cause" for why it was late. In rereading the instructions, I now realize I blew it--the form must be received by the 14th day, not mailed by the 14th day! This was a stupid mistake and I can't really explain why I was under the impression that I had 14 days to mail my claim. Can you tell me what they mean by "Good Cause," and will I now be disqualified from receiving the rest of my unemployment benefits because I made a mistake?

  2. #2
    Join Date
    May 2009

    Default Re: Will I be Disqualified for Filing a Late Bi-Weekly Claim

    See for a discussion of good cause (see the section entitled "Extending Time Requirements") for not filing the claim form on time.

    This may be relevant to your situation:

    "Example 2, Anticipation of Another Job Is Not Good Cause for Extending Time Period:

    The claimant drew unemployment benefits and got a job. A month later, she was laid off, but she believed she would quickly get a new job. After three weeks of unemployment, she reported to the field office and asked that her claim be backdated to cover the weeks since she was laid off.

    The claim should not be backdated. The claimant's failure to file was due to her own decision to delay filing for benefits because she expected to be reemployed."

    You might not be disqualified from receiving benefits for the subsequent week--see the section entitled "Claim Abandonment."

    This may be relevant:
    "When deciding eligibility for weeks of unemployment following an untimely continued claim, first decide whether there is good cause for extending the time requirements. If there is good cause, then the subsequent week(s) also meet the time requirements.

    If there is no good cause for extending the time requirements for the untimely continued claim, ask the claimant if he or she intended to continue to claim benefits. If so, decide whether there has been a protracted delay in filing. In P-B-448, the Appeals Board did not define "protracted delay." For timeliness purposes, the Department's policy is that "protracted delay" shall be considered six weeks from the last week ending date of the untimely claim form (or date the most recent payment was made, if the most recent payment was later than the second week ending date). The maximum period of time, from issuance to return following reissuance, within which a continued claim is still payable, is also 6 weeks."

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