Unemployment overpayment appeal hearing

[donnyriz]

What is the name of your state (only U.S. law)? CA

I have an appeal hearing next week to address the issue of an UI overpayment that I received from EDD.

I performed a freelance design service for an agency during a week that I claimed benefits. This was the first time I had done this type of "short-term" job while on benefits. I did not receive the wages until AFTER the claim form had been filled out and sent in. It was completely my error not to list the job, but it did not cross my mind as I had not been paid for it yet.

I never denied to EDD that I did the work and immediately called in to set up repayment schedule once they sent me a notice. I was denied benefits for 6 weeks. I filed an appeal.

I am only appealing the 6 week denial, as I have 3 other accounts from other claimants that received an overpayment, and they were not charged a denial when they immediately agreed to make a repayment.

The issue that will be considered at the hearing is "Did the claimant WILLFULLY make a false statement or willfully fail to report a material fact in order to obtain benefits?" I do not believe I willfully made a false statement, I was just confused with the situation. I made an error, but not willfully.

What are my chances of getting the denial removed (I am in full agreement of the repayment), and what type of documents should I provide?

Thank you very much for your time.What is the name of your state (only U.S. law)?

 

[pattytx]

Sorry, the FA crystal ball is snowed in at the moment.

 

[swalsh411]

What was the exact wording of the question about income earned during that week?

I predict the outcome will hinge on that.

 

[donnyriz]

The exact wording of the question on the claim form is "Did you work or earn money, whether you were paid or not?" I honestly had become accustomed to automatically filling in the same boxes, because I had been on unemployment for almost a year at that point. I know that this is my error. But I did not willfully intend on committing fraud.

 

[swalsh411]

I don't think you should expect to win, but you might. The question is not did you willfully attempt fraud but rather did you willfully withhold information. I would not volunteer that you were "automatically filling out the same boxes" because that shows you clearly were not paying attention. Just state that it was an error and it was not your intention to withhold information.

 

[commentator]

Frankly, I don't think I'd even go into the little old "I didn't get paid till later after I'd already sent in my card...." because that's unbearably flimsy and will tend to hurt your appeal. Because you always certify for the week AFTER it has passed, and you definitely knew what you'd done that week. You worked. "Did you do any work this week....?" The "oh, it was so automatic I just checked the little boxes like I always had" dealie doesn't wash well either.

Some people are dumb. They get truly confused about the instructions or what week they're answering questions for. You feel sorry for them. You tend to want to give them the benefit of the doubt on overpayment issues. This doesn't sound like that.

Incidentally, the statements from three other people who did get to pay back only their one week after an overpayment finding without penalties will not be permitted to be entered as evidence. No other current unemployment case will be referenced, each case is unique, and the application of the law will be in your circumstance only. You're not Perry Mason, and you will not be allowed to carry statements in there and argue you should be treated "even steven" with these other guys. Their circumstances might be different, or might not, but in any case, neither you or the fraud unit will be allowed to discuss them or their situations.

If you'd reported the wages in the following week, that would have helped your case considerably, you might have said you didn't understand that you were supposed to report the work the week it was done, not the week it was paid. But as it is, it looks like you did not intend to report this work, you didn't, you got caught, and "I was just not paying attention when I filled out my card" just does not play well. Each card is considered an affidavit, you are swearing to the information, and it is your responsibility to to it honestly.

 

[donnyriz]

Thanks for the feedback. Very valid points. The claim actually expired the following week after the work. So when I received the check after the claim expired, I had no way to claim it.

 

[commentator]

Great! So tell them you were going to report it if your claim had continued, you were just mixed up about which week to report it on! They can't prove otherwise! That's a much better argument than all your others.

 

[roro1]

So, what happened in your hearing? How did you state your case and how did they respond?
I have a similar case pending...

 

[swalsh411]

So, what happened in your hearing? How did you state your case and how did they respond?
I have a similar case pending...

Start your own thread if you have a question please.

 

[Zigner]

Start your own thread if you have a question please.

Actually - this poster just asked for an update...not really a problem.

 

[swalsh411]

Actually - this poster just asked for an update...not really a problem.

You're right my bad