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Filed Continued Claim form late, now I have a telephone interview

by Exhausted with CA
(Los Angeles, CA)

Filed Continued Claim form late, now I have a telephone interview

I just received a notice that I have a telephone interview that I filed my continued claim form late. There are three reasons I filed it late, but after reading the ciuab website I'm confused on what's valid and what's not.

I filed my form late because 1: The form that they sent me was for the last week of December and the first week of January. I didn't receive the form until the 3rd week of Feb. so I had to go all the way back and research all the jobs I applied for in that time. Right after I filled it out correctly and accurately I immediately sent it in. 2. My appeal was a week after they sent me the form. I spent that entire last week competely consumed with gathering all the necessary information for my appeal, talking to my hearing representative, faxing documents to my hearing rep, calling my former employer for documents, etc. 3. Even with my upcoming appeal I was also still applying for work and going on interviews!

Prior to even receiving the form I also spent two whole days trying to get through to the EDD to find out why my claim forms were two months behind. (My phone records show this). Then when they finally sent me the claim form they also send forms attached that I could not recieve benefits because my administrative review (my appeal for denial of benefits was still pending).

I haven't even received benefits pending my appeal and I had to wait 3 months for an appeal date. (Now I'm the one that files ONE form late!!!)



I just had my appeal and I am waiting on the decision. Now this...




Hi Exhausted ..

Me too.

Okay .. what I'm hearing is .. you filed it late ..because you received it late from them .. is this correct?

I don't understand why that wouldn't be good enough for them. By the way .. if it doesn't work out .. you shouldn't lose the week of benefits .. it will just be postponed to the end of the claim.

If you haven't already .. try this portion of the UIBDG about time requirements for filing continued unemployment benefit claim in California.

California sure does seem to love the "phone interview". Personally, I think it is a stall tactic. Some people have to wait for weeks just for the phone interview .. before a determination is issued .. so they can appeal.

This is contrary to the main purpose of unemployment benefits. I think you all should pull together and raise a ruckus .. maybe get a TV station to look into some of these practices.

Or start raising hell with the attorney general's office.

And for having one of the best online resources of any state online .. I'm still stunned by the fact that they prefer to mail claim form instead of having an online claim form for continued benefits .. I thought I read somewhere recently .. that they were implementing this .. guess I read wrong.

Chris

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Apr 16, 2011
time requirements and what constitutes "good cause" for being late
by: Anonymous


Time requirements and what constitutes "good cause" for being late in California

Mar 03, 2011
Re: Late Claim Form
by: Exhausted

Hi Chris,
Thank you for the fast response!

Yes, I didn't receive the claim form until Monday Feb. 14, 2011 to be exact. I also received my appeal letter with my appeal date that same week. I also don't understand how they are blaming me for filing a late claim form when they sent it to my almost two months late! I'm unsure what exactly to tell the telephone interviewer so that this time they don't try to further deny my benefits.

In addition, I haven't received a claim form for the last 3 weeks of Jan or the entire month of Feb, but I AM the one who sends forms late.

I read the link that you included in your reply. Its looks like I have good cause since the department sent it almost two months late and that I have proof that I made calls to the EDD and the office of appeals to find out why I had yet to receive a claim form. Is this correct? Also, should I cite the UIBDG when I talk to the telephone interviewer?

Can you please explain what you mean that even if it doesn't work out it will be applied to the end of my benefits?

Sure .. go ahead cite the UIBDG .. but also offer as much hard proof as you can to the late arrival.

Doesn't it figure you'd want to know what I meant by that.

Let's approach it this way .. Each continuing claim is a claim unto itself which can be denied, for various reasons, but when timeliness is the issue .. you are only denied from collecting for those weeks you filed for .. they don't remove the benefits from your balance of benefits .. you just can't collect any in those specific weeks you were late.

In essence .. It will just take more time to collect those benefits.

Everyone should notice by now that the duration of "regular" benefits is only 26 weeks worth fo benefits or 6 months .. yet a benefit year is 12 months .. so what you don't collect from that balance of available benefits at the beginning .. you can still collect at the end beyond that 26 weeks .. that's really all I meant.

I think I deserve more likes on my facebook page ;-)







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