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Unemployment Hearing and Due Process

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What is the name of your state?What is the name of your state? California


Hello, I have been without Benefits since early May due to numerous EDD mistakes handling my claim. In February, I decided to start school for my MCSD and MCAD certifications from Microsoft. I submitted my weekly form and indicated that I had begun training. The following week, I received a notice for a determination interview to determine if I was eligable for continued benefits. I went 1 whole month without a check because the phone interview was scheduled on March 10, 2004.

During the interview I was informed that I could be eligable for Extended Training Benefits and that following the interview, I would receive a determination within 10 days. When 10 days passed, I called EDD and asked if I was approved and was told that I was approved and a check should arrive within 3 days.

Around April 25th, I received a claim for only 1 week and noticed that my Benefits were about to run out. I thought that maybe the Extended Benefits would start right the following week. WhenI did not receive anything the following week, I called EDD and was told that I was not eligable and had to basically go through the entire interview process from March 10, all over again. This time I received a letter denying my claim which had numerous errors and omissions throughout the determination document.

My appeal was filed on June 1, 2004 and I received a Hearing date for July 23, 2004. Last week, I received a message that the Hearing has been postponed due to the judges schedule conflict. I received a notice a few days later confirming the postponement but no date for a new hearing.

I was denied under section 1269 d(2) and 1269 d(4). The 1269 d(4) doesn't even apply to my situation because I am not in a Union, another one of their mistakes.


My questions are, should I get an attorney?

Is there a way to force EDD to pay my benefits while waiting for a date on the appeal?

Can I claim that I have not been given "due process" under the law?


Your help is much appreciated since money is beginning to be a scarce resource at this point. ;-(
 



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