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In California, if my lower level unemployment appeal is denied, when can I reapply for benefits if the reasons I was denied are no longer valid?

by L Welsh
(Los Angeles, CA)

I was denied benefits because I checked the box did not seek work under CA guidelines because I had just had twins. I was supposed to be on Family Leave but instead was laid off. I have appealed the decision and met with the Judge and it didn't go well so I'm wandering if my appeal is denied how long do I have to wait before I can file again since now I have been actively looking for work.


Thank you!



Hi L,

Tell me what the issue on your hearing notice was and why it didn't go well.

Just from what you've told me it sounds like it would have only been an able and available issue.

A&A issues which stop payment of benefits are the kind of disqualification that must be served.

They are lifted when you become able and available.

So as far as I can tell as long as everything else was okay and you are now looking for work and available for work .. there should be no reason why you couldn't begin collecting benefits.

Comments for In California, if my lower level unemployment appeal is denied, when can I reapply for benefits if the reasons I was denied are no longer valid?

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Oct 31, 2013
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same issue minus the appeal
by: Sandra

I was denied under section code 1253c... "You are self-employed during the normal working hours for your occupation"

I was babysitting and my status has changed.

Can i reapply?



How long ago? More likely you would be trying to reopen an existing claim since the condition self employment making you not able and available to accept covered employment is now moot.

o

Feb 04, 2010
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Able and Available Disqualification
by: Lyn

Yes, Chris, you are exactly correct. They did get me on an Able and Available as well as not seeking employment per EED standards. I misunderstood "seeking employment" as actually turning in apps and resumes when in fact it just means that I inquired about jobs. I didn't even have to apply. Who knew!

The hearing didn't go well because I didn't know the exact date that I started looking for work and the judge really hammered me on it. Although I have been available and looking for work for the last two months since I was denied, he didn't care. He only focused on two weeks in question. I tried to explain that my circumstances had changed but it didn't matter to him one bit. It was an awful experience.

So, now I'm wondering when can I reapply? Is there a waiting period if you've been disqualified?

I would appreciate your input as I cannot find this answer anywhere. You would think that it would be easily found on EDD website but it isn't. Ugh.
Thanks so much!



Hi,

Did he impose a disqualification for not being able to prove you were seeking work?

If you want you can enter the language from the decision here minus the personal info.

It's always easier for me to figure out what's going on and sometimes what someone is asking me when I have the actual determinations and decisions to read.


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