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  1. #1
    jnulu is offline Junior Member
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    Feb 2007
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    Angry EDD claims return of overpayment with penalty...

    What is the name of your state? California

    Last year, I had claimed unemployment benefits and was granted the same by EDD.
    This month, I received a letter from EDD stating that I had received some earnings from my employer during the period I claimed unemployment. Two days later, I received another letter form EDD's Adjudication Center that I owe EDD the overpayment plus a penalty of 30% on the amount overpaid to me. In addition, I am barred from claiming benefits for three years from the date of disqualification.

    I checked my records, and feel fairly certain that I did not misstate or conceal my earnings during the period in question. I also have a letter from my employer that I did not receive any payments during the period stated by EDD. I forwarded this letter along with my explanation to EDD the very next day.

    EDD then sent me a letter to state that " The decision has been carefully reviewed and appears to be correct" and an appeal has been processed and sent to their Office of Appeals. Their letter also stated that a date and time will be given to me for presenting my case to the Administrative Law Judge.

    To my untrained eye, the case looks simple. The charge - I received some payments from employer XYZ during a certain period I claimed unemployment benefits. My stand -I have a letter from XYZ, that I did not. EDD says that their decision appears to be correct. Am I missing something?

    Grateful for any help on this vexing issue.
    Last edited by jnulu; 02-17-2007 at 08:39 PM.
  2. #2
    Beth3 is offline Senior Member
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    You're dealing with a administrative bureaucracy. If you think the State's decision is incorrect, then the ONLY means of having it examined and possibly reversed is to apply for a hearing in front of an Administrative Law Judge as explained in the determination you received.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  3. #3
    jnulu is offline Junior Member
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    Feb 2007
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    Appreciate your response, Beth3

    I 'm awaiting a date for the hearing, when I hope to convince the Administrative Law judge that I have done nothing wrong.

    Meanwhile, I'm curious to know if apart from my employer, there is any other source available to EDD to obtain information regarding payments made to me?

    Thanks again!
    Last edited by jnulu; 02-19-2007 at 10:02 PM.
  4. #4
    eerelations is offline Senior Member
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    Did you receive any other payments during your benefit period? If yes, what were they? Who (what entity) made the payments? If you did receive payments and you didn't report them, it sounds like you've been caught...
  5. #5
    jnulu is offline Junior Member
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    Feb 2007
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    As mentioned in my first post, The charge was that I had received some payment from my employer, for a particular week. I then sent EDD a letter from the same employer that I had not received any payment for the period in question.

    To be sure, I am currently scrutinizing my bank records to see if there were any other deposits that I had made into my account before and after that period. I'm fairly certain that I haven't, but can only be sure after I receive the details from my bank.

    Thank you, 'eerelations', for taking the time to respond.
    Regards.
  6. #6
    jnulu is offline Junior Member
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    Feb 2007
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    Here's the update:

    I went for the hearing yesterday.
    Barring me and the judge, no one else showed up!
    EDD who had been relying on their witness – ‘my employer’ - did not show up as ‘my employer’ sent a fax to the judge’s office that they did not wish to participate in the hearing.

    'My employer', it turns out, was not my employer per se but my employer’s vendor who, I am given to understand, handles all EDD claims. The manager of the vending company, whose name was used by EDD, said she was not aware of having talked to anyone from EDD much less having given out information to them.

    The judge was pretty impressed with the detailed documentation I had provided from my employers and my Credit Union and said it made things easier for her!. The hearing lasted less than ten minutes and at the end I was informed by the judge that I would receive a positive decision in the mail in two or three weeks.

    Appreicate everyone’s help! :-)

    Jay
    Last edited by jnulu; 03-16-2007 at 10:18 PM.

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