California Unemployment Insurance Appeals Board Decision - I WON, what now???

[ouchgramps]

I currently live and work in Orange County, California.
From 2007-2010 I worked for a company out of Los Angeles. I was laid off due to a reduction in work force on May 25, 2010. The last week I worked 84 hours. When I received my last weekly check, I was only paid for 40 hours. I filed for EDD UI benefits on May 26, 2010. I started collecting UI benefits shortly thereafter. In June 2010 I received the backpay from my old employer. When I filled out my continued claim form for that week I received the backpay, I maxed out the earnings box at $999.999. Middle of Sept 2012 by benefits were cut off and I received a Notification of Eligibility Interview for Oct 21, 2010. During the interview I was asked about the payments I had received, over a four week period. I explained it was only one week period, case worker investigated the situation, found that it was a reporting error by my old employer, found that I was NOT AT FAULT, and reinstated my UI Benefits and also sent me a check for the entire period the benefits had been on hold. Eventually I got a new job and cancelled my UI Benefits.

May 16, 2012 I get a Letter of Determination from the EDD saying they found I was AT FAULT for the above referenced issue and I owed an over-payment of $1600 plus penalties and that I was penalized 9 weeks of UI Benefits next time I applied.

May 21, 2012 I filed an appeal with the California Unemployment Insurance Appeals Board.

May 27, 2012 I get an Acknowledgement of Appeal filing letter from the CUIAB.

I never heard back from them, I assumed incorrectly that they had looked into the case and resolved it as it had already been resolved before.

On April 1, 2013 I received my 2012 Federal Tax Refund and there was a deduction of $2600+ from the EDD. So I started looking into why???

On April 3, 2013 I filed for UI Benefits, was approved for $450/wk, but was told I had a 9 week waiting penalty.

On April 4, 2013 I filed another appeal with the CUIAB, my hearing date was July 2, 2013.

On July 9, 2013 I was notified by mail that the Administrative Law Judge decided the case in my favor, I WON!!

So what do I do now to get my $2600+ that was withheld from my tax return and my $4050 (9 x $450) from the EDD???

Please help!!

Thank You!!

-Gramps

 

[Willlyjo]

I currently live and work in Orange County, California.
From 2007-2010 I worked for a company out of Los Angeles. I was laid off due to a reduction in work force on May 25, 2010. The last week I worked 84 hours. When I received my last weekly check, I was only paid for 40 hours. I filed for EDD UI benefits on May 26, 2010. I started collecting UI benefits shortly thereafter. In June 2010 I received the backpay from my old employer. When I filled out my continued claim form for that week I received the backpay, I maxed out the earnings box at $999.999. Middle of Sept 2012 by benefits were cut off and I received a Notification of Eligibility Interview for Oct 21, 2010. During the interview I was asked about the payments I had received, over a four week period. I explained it was only one week period, case worker investigated the situation, found that it was a reporting error by my old employer, found that I was NOT AT FAULT, and reinstated my UI Benefits and also sent me a check for the entire period the benefits had been on hold. Eventually I got a new job and cancelled my UI Benefits.

May 16, 2012 I get a Letter of Determination from the EDD saying they found I was AT FAULT for the above referenced issue and I owed an over-payment of $1600 plus penalties and that I was penalized 9 weeks of UI Benefits next time I applied.

May 21, 2012 I filed an appeal with the California Unemployment Insurance Appeals Board.

May 27, 2012 I get an Acknowledgement of Appeal filing letter from the CUIAB.

I never heard back from them, I assumed incorrectly that they had looked into the case and resolved it as it had already been resolved before.

On April 1, 2013 I received my 2012 Federal Tax Refund and there was a deduction of $2600+ from the EDD. So I started looking into why???

On April 3, 2013 I filed for UI Benefits, was approved for $450/wk, but was told I had a 9 week waiting penalty.

On April 4, 2013 I filed another appeal with the CUIAB, my hearing date was July 2, 2013.

On July 9, 2013 I was notified by mail that the Administrative Law Judge decided the case in my favor, I WON!!

So what do I do now to get my $2600+ that was withheld from my tax return and my $4050 (9 x $450) from the EDD???

Please help!!

Thank You!!

-Gramps

So does the letter from the ALJ indicate retroactive compensation for the ruling in your favor? If not, hopefully you have documentation concerning EDD's withholding of benefits that should be paid to you now. You can access EDD online and email them questions about your issues and how you can go about getting your benefits after sending them all the documents including the ALJ's letter documenting the fact that you won your appeal.

It appears that the 2600 is also owed to you by EDD, so you might want to take a closer look at your tax papers that explained why they took part of your refund.

 

[commentator]

This is not a question you can get much help with on a message board. You should only be asking people related to the California unemployment system who can look at your individual unemployment claim and tell what is really going on here. I can speak in some generalities about what appears to have happened.

There was (based on the employer records received by the system) an overpayment on the claim filed in 2012 with a Benefit Year Ending in May of 2013. They caught it, determined you overpaid, thought you'd failed to report wages paid to you by the employer, and called it a "fraud overpayment," which entails penalties as well as recoup of the money. Then it appears the claim was redetermined after the investigation, and you were determined to have no overpayment.

Then in May, 2012, you received this letter saying you were overpaid. You appealed. This was good. Except that you never heard a final decision from the appeal, only that they had received your letter requesting an appeal. When you never heard of a hearing, or were never given a date, received no more correspondence, you assumed (incorrectly) that they had found in your favor.

When you received your state tax refund, you found that they had taken the overpayment money. When you filed a new claim in 2013, there was still an overpayment penalty in place related to the 2012 claim. (Claims are good for one year, and one year only, from the date of filing. Overpayments and penalties, however, are forever and will be taken from any future claims that you file.)

But this time, you appealed, won your decision, and now you are probably going to get back the overpayment that was taken from your tax refund, and not be charged the 9 week penalties on your new claim, but only someone from the California system can fix this.

Usually in most appeals cases of this type, if you are due for money to be returned to you, the overpayments are returned to you without your having to do anything. But if this doesn't happen,and fairly soon, you need to be on the telephone to them, or via email to them frequently until it does. Document each call or communication you make, whom you talk with, and what you are told. You do NOT need an attorney or any other representative at this point, but you will need to speak with them. Discuss each and every aspect of this.

Since this favorable decision has happened very recently, July of this year, I'd give it maybe two weeks to see if you receive any sort of overpayment refund or communication from them. If you don't hear from them, ASSUME NOTHING, you should always hear from them, if you do not, there's an error somewhere, and it is your responsibility to chase it down. Write down your questions beforehand, and make sure they go over everything with you until you have answers.

Do not listen too much to what anyone else says (including me!)except the California unemployment system. Let them detail it for you. It's a very big system, and actually it works quite well, considering the sheer numbers of situations it deals with, but it is the individual's job to make sure their individual case works as it should. Good luck and I hope you can talk to a helpful person in the system and get this resolved soon.






.

 

[ouchgramps]

Thank you.

So does the letter from the ALJ indicate retroactive compensation for the ruling in your favor? If not, hopefully you have documentation concerning EDD's withholding of benefits that should be paid to you now. You can access EDD online and email them questions about your issues and how you can go about getting your benefits after sending them all the documents including the ALJ's letter documenting the fact that you won your appeal.

It appears that the 2600 is also owed to you by EDD, so you might want to take a closer look at your tax papers that explained why they took part of your refund.

Thank You for your response!

 

[ouchgramps]

This is not a question you can get much help with on a message board. You should only be asking people related to the California unemployment system who can look at your individual unemployment claim and tell what is really going on here. I can speak in some generalities about what appears to have happened.

There was (based on the employer records received by the system) an overpayment on the claim filed in 2012 with a Benefit Year Ending in May of 2013. They caught it, determined you overpaid, thought you'd failed to report wages paid to you by the employer, and called it a "fraud overpayment," which entails penalties as well as recoup of the money. Then it appears the claim was redetermined after the investigation, and you were determined to have no overpayment.

Then in May, 2012, you received this letter saying you were overpaid. You appealed. This was good. Except that you never heard a final decision from the appeal, only that they had received your letter requesting an appeal. When you never heard of a hearing, or were never given a date, received no more correspondence, you assumed (incorrectly) that they had found in your favor.

When you received your state tax refund, you found that they had taken the overpayment money. When you filed a new claim in 2013, there was still an overpayment penalty in place related to the 2012 claim. (Claims are good for one year, and one year only, from the date of filing. Overpayments and penalties, however, are forever and will be taken from any future claims that you file.)

But this time, you appealed, won your decision, and now you are probably going to get back the overpayment that was taken from your tax refund, and not be charged the 9 week penalties on your new claim, but only someone from the California system can fix this.

Usually in most appeals cases of this type, if you are due for money to be returned to you, the overpayments are returned to you without your having to do anything. But if this doesn't happen,and fairly soon, you need to be on the telephone to them, or via email to them frequently until it does. Document each call or communication you make, whom you talk with, and what you are told. You do NOT need an attorney or any other representative at this point, but you will need to speak with them. Discuss each and every aspect of this.

Since this favorable decision has happened very recently, July of this year, I'd give it maybe two weeks to see if you receive any sort of overpayment refund or communication from them. If you don't hear from them, ASSUME NOTHING, you should always hear from them, if you do not, there's an error somewhere, and it is your responsibility to chase it down. Write down your questions beforehand, and make sure they go over everything with you until you have answers.

Do not listen too much to what anyone else says (including me!)except the California unemployment system. Let them detail it for you. It's a very big system, and actually it works quite well, considering the sheer numbers of situations it deals with, but it is the individual's job to make sure their individual case works as it should. Good luck and I hope you can talk to a helpful person in the system and get this resolved soon.






.

Thank You for your response! I agree with everything you said, and mostly: ASSUME NOTHING!!

Since both parties have 20 days to appeal the decision. I'm going to wait 20 days to start making any phone call, send any emails, or personal appearances. Then I'm all over it!!!!!!