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Being Disqualified for Unemployment Benefits, Years After I Handled the Fact I Was Over Paid for One Week of Benefits in 2011

by John
(California)

Hello, I am union laborer.


Our work varies and I have been on unemployment many time throughout the years. Because I am very aware when I will work, I usually fill my paperwork in as soon as they bring the mail and send it back.

In 2011 I went back to work, got my form and mistakenly filled it out stating I hadn't worked for the second week when I had actually worked. I then received a deposit, but realizing I'd been over paid, I knew I must have filled it out incorrectly.

I contacted EDD asap to correct my mistake. They had me fill out another form and then retracted the money.

The following year when I filed my taxes I was penalized and paid that as well.

In 2014 I was again was unemployed and filed, no problems during this time.

Fast forward to late March of this year and I'm now serving a 6th week of five week disqualification. They brought up the overpayment in 2011 as being the reason for the disqualification. They stated it would be 5 weeks.

I really want to appeal this but was told I'm not able to do so. What can I do??

Chris's Answer



I don't have a special category for unemployment overpayments, but other categories of Q&A's have led to discussions about being disqualified for overpayments. I'm moving this one to Q&As about unemployment appeals and here's why John.

You told me "I really want to appeal this but was told I'm not able to do so."

Who told you that? And did theyexplain why you're no longer able to appeal this?

Frankly, it doesn't make sense to me John, because every claim determination comes with appeal rights. For that matter so do tribunal hearing decisions and board orders, even if appealing a board order bumps the matter on appeal out of the administrative law agency (unemployment department) and up to real law .. as in a state appellate court.

So, what would I do if I were in your shoes John?

I'd be contacting the EDD right now to ask for the state's file on my unemployment claims beginning with the year your trouble began .. 2011 right?

Since anything sent to you would also be in that file including a determination of overpayment that had your rights to appeal blazenned on it.

However, my problems begin with you simply telling me you were told you weren't able to appeal.

That is problematic because although I could assume you meant it was some person at the EDD (which would be the part that make little to know sense right now) you might of meant your employer, or a neighbor .. or a well intended friend who knows nothing about how UI actually works and then, I could buy into that hook, line and sinker.

I hate my answer, but I need DETAILS to help me make sense of this situation before I can tell you what you might do additionally to help yourself out.

So, if you ever get that file from the EDD John, at least the parts of it that relate to this overpayment and the subsequent disqualification you're now serving five years after the fact, I'd like nothing more than to update this answer with a better version of what I would do to evaluate the mess .. I'm inviting you to share the file with me privately, via a general emai.

No, that was not an open invitation to just anyone, but you can choose coaching services to get me reviewing relevant docs related to your claim.

Chris

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