Unemployment benefits denial and confusing letter

[Willlyjo]

My point to you is that you are WRONG again in your advice where you say you can BRING someone to your appeal hearing. You can't, because your hearing is done via telephone as EDD offices..... are gone.

Oh, and the CORRECT website is edd.ca.gov.

You can get to the same website by typing keywords. If you type in EDD california, you will be able to get to this website.
Also, looking at copies of my sons' "Unemployment Appeals Board Decisions", I did notice that there is a window of 20 days in which to appeal such decision. My bad. However, after going through an interview process by telephone and then appealing an EDD decision and going to a hearing like I and my sons did, it is highly unlikely there would be any further appeals since anything that possibly could be addressed and decided on probably was so, with the first appeal.
I have 3 friends whose son/daughter has gone through this appeal process as well as both of my sons and in all cases, it stopped with a decision by the Administrative Law Judge, so please forgive me if I was unaware of maybe one future possibility of an appeal, since that wasn't my experience.
The point is...in the OP's case, it is quite unlikely as in most cases, that a case will reach the plateau in which there is an appeal of an appeal.

As far as bringing someone to a hearing, you are right part of my information is outdated. Whereas at the time my sons went to a hearing and brought witnesses and documentation, such hearing was done in the presence of the Law Judge, now as you say and I believe you, it is done via telephone.

 

[justalayman]

OTE=Willlyjo;2197618]You can get to the same website by typing keywords. If you type in EDD california, you will be able to get to this website.
Also, looking at copies of my sons' "Unemployment Appeals Board Decisions", I did notice that there is a window of 20 days in which to appeal such decision. My bad. However, after going through an interview process by telephone and then appealing an EDD decision and going to a hearing like I and my sons did, it is highly unlikely there would be any further appeals since anything that possibly could be addressed and decided on probably was so, with the first appeal.

You fricken idiot. I posted the germane section of the linked site that stated there was at least a second appeal. What is your problem with comprehension?

I have 3 friends whose son/daughter has gone through this appeal process as well as both of my sons and in all cases, it stopped with a decision by the Administrative Law Judge, so please forgive me if I was unaware of maybe one future possibility of an appeal, since that wasn't my experience.

well gee, if maybe you wouldn't make all your determinations simply on your experiences and read the laws and pertinent information, you might learn something.

The point is...in the OP's case, it is quite unlikely as in most cases, that a case will reach the plateau in which there is an appeal of an appeal.

why would you even attempt to claim that? You have no idea the OP's situation and why somebody would or wouldnt appeal.

As far as bringing someone to a hearing, you are right part of my information is outdated. Whereas at the time my sons went to a hearing and brought witnesses and documentation, such hearing was done in the presence of the Law Judge, now as you say and I believe you, it is done via telephone.

and the post I quoted had a date of 10/08 revision and it stated there would be a physical presence hearing, not just a phone hearing.

 

[Willlyjo]

I'm waiting.

Nit pick (it's NIT, not KNIT due to the suggestion of picking NITS which are eggs laid by lice and the tedious job of "picking" them to remove them)
well, at least one has


that statement is most likely older than "Nemo". I doubt he is the originator of the statement.
I have and it just happened to be YOUR post.


Umm, willyjo, I have shown you to be wrong. Just admit it and go away and sulk elsewhere. You are providing nothing to this forum at this time.

I was a bit inaccurate and outdated in my post. I've done everything I can up to acknowledging this according to responses. At least I'm getting direct backups to the part of my posts which are inaccurate/outdated. This wasn't the case during my initial posts so at least, now I can appropriately respond to that.

I believe "Nemo" is not the originator of the quote we discussed, in agreement with you. This would make Nemo a plagarist as well as that person within this forum who tried to take credit for the funny but intelligent quote.

As far as nitpicking...do you really have to nitpick the spelling of nitpicking?
Also, I'm going to say this right now for everyone to read.

My posts might not be exactly cut in stone, however, who ever OP I respond to must understand that I am effectively pointing them in the right direction and therefore, they can do a little research which should get them exactly what they are trying to find as far as anwers to their questions. This can be achieved whether this post or that post by me or another may be a bit inaccurate or outdated. So with that said I shall continue to respond to anything that I feel I know enough about to answer or at least point an OP in the right direction. Anything I post can be read and looked upon as "Food for Thought". This is a positive thing!! It can get one thinking objectively which can spawn research and knowledge.

 

[justalayman]

then as well, you might try accepting some of these folks as being correct in what they say. They are some very knowledgeable people here and they try to be correct. If they are wrong, it generally doesn't take an act of Congress to force them to accept that fact. While you may be trying to help, your continued arguing about how correct you are, when in fact, you may have been wrong, serves no purpose to anybody.

and no, it was not simply an outdated information that led you to be wrong. California has allowed the second appeal for some time. It was your arrogance that led you to continue to be wrong.

and to correcting your "nit picking" statement. That was simply due to your continued claim of always being correct. It was simply one more thing that you provided that was not correct in some way and only because of your claims to be so correct did I even bother with making the correction.

 

[Willlyjo]

You fricken idiot. I posted the germane section of the linked site that stated there was at least a second appeal. What is your problem with comprehension?


well gee, if maybe you wouldn't make all your determinations simply on your experiences and read the laws and pertinent information, you might learn something.


why would you even attempt to claim that? You have no idea the OP's situation and why somebody would or wouldnt appeal.

and the post I quoted had a date of 10/08 revision and it stated there would be a physical presence hearing, not just a phone hearing.

Okay so then the hearing even nowdays is done via physical presence. My experience has always been that it was done this way. Whoever disputed you on this? Oh yeh...Court Clerk said it was done by phone and not in the presense of anyone.

 

[justalayman]

Okay so then the hearing even nowdays is done via physical presence. My experience has always been that it was done this way. Whoever disputed you on this? Oh yeh...Court Clerk said it was done by phone and not in the presense of anyone.

and yes, I pointed that out to her(?) in a previous post. I do not know myself. I was merely relying on the link provided earlier in this thread.

 

[CourtClerk]

CC: if you are correct, why does the info state that one can bring witnesses and such and there will be a place specified for the hearing? I suppose this info could be outdated but it indicates a revision of 10-08. That's not very long ago.

EDD offices were done away with to make way for these places called OneStop Career Centers. It was the EDD's attempt to make it more of an "employment" office than an unemployment office. Back in the days past, you would go to the 'unemployment' office, apply for benefits, do your hearings, handle your appeals, more interviews, etc. The state decided to streamline the process and now everything is done by mail and phone (and email more recently).

OneStop Career Centers are not staffed by hearing reps, they are staffed by people who help folks use the computers and post job listings. They hold workshops and the like. Even the disability offices of before are gone. Even those are no longer open to the public, except maybe to drop off a form or 2, but there is no one you can walk in and speak to regarding the specifics of your case/account.

 

[justalayman]

EDD offices were done away with to make way for these places called OneStop Career Centers. It was the EDD's attempt to make it more of an "employment" office than an unemployment office. Back in the days past, you would go to the 'unemployment' office, apply for benefits, do your hearings, handle your appeals, more interviews, etc. The state decided to streamline the process and now everything is done by mail and phone (and email more recently).

OneStop Career Centers are not staffed by hearing reps, they are staffed by people who help folks use the computers and post job listings. They hold workshops and the like. Even the disability offices of before are gone. Even those are no longer open to the public, except maybe to drop off a form or 2, but there is no one you can walk in and speak to regarding the specifics of your case/account.

this is from the current website for the California EDD:

The Office of Appeals notifies individuals of the time and place of hearing at least 10 days in advance. An Administrative Law Judge (ALJ) conducts the hearing, giving employers and claimants a chance to present their evidence.

while the appeal hearing may or may not be in an actual EDD office, that statement does in fact imply the hearing is something one is to attend rather than simply conference call.

this is from the FAQ concerning appeals from the same website:

Parties appearing at hearings have the right to:
• Advance notice of the hearing and the issues that will
be considered.
• Present evidence on their own behalf.
• Subpoena witnesses and documents.
• Rebut unfavorable evidence and to cross examine
averse witnesses.
• A written decision based solely on the record
produced at the hearing, which sets forth the findings
of fact upon which the decision is based and
application of the facts to the legal provisions used to
decide the case.

again, it is hard to interpret this any way other than this is not a phone hearing but one where personal appearance is required.

 

[pattytx]

Can we just end this thing? We're beating details to death and the OP can read the booklet, the link to which I provided, and if an appeal is decided upon, the EDD will let the OP know the process when the time comes.