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Just wanted to add - make sure you specifically address both disqualification reasons: 1. For the workers comp issue: Bring medical documentation showing you were released to work with restrictions, or documentation showing you were on partial not full WC. 2. For the childcare issue: If you had children who couldn't attend school/daycare due to pandemic closures, bring documentation of those closures. Also bring evidence of any efforts you made to find alternative childcare. The judge will need to see that you made reasonable efforts given the circumstances. During that period, EDD was more flexible about childcare issues, but you'll still need to show you were actively seeking solutions.
Thanks for this follow-up. I have emails from my kids' school about the closures and some texts with family members about trying to arrange childcare. I'll make sure to organize all of this. My doctor also gave me a note about work restrictions related to my injury that specified I could work regular hours just with certain physical limitations.
I'm a paralegal who handles UI appeals and your case sounds very winnable! The fact that EDD sent you a notice about reviewing 2024 but then interviewed you about 2023 is a procedural error that works in your favor. Administrative Law Judges take due process seriously. A few key points for your hearing: 1. **Lead with the confusion**: Start by explaining that you received a notice about 2024 review but were questioned about 2023, which caused legitimate confusion during the interview. 2. **Emphasize "partial" workers comp**: Make it crystal clear that you were receiving PARTIAL WC ($375/week vs your normal $950/week) and were medically cleared to work with minor restrictions. 3. **Document your work search**: Bring printouts of job applications, interview confirmations, anything showing you were actively seeking work. 4. **Pandemic childcare provisions**: The special provisions during 2023 should protect you on the childcare issue if you can show you made reasonable efforts. The interviewer's negative comments won't carry much weight if you present yourself professionally at the hearing. I've seen many cases like yours get reversed on appeal. Stay factual, stay organized, and don't let them intimidate you. You've got strong grounds for reversal!
Thanks everyone for the responses. Looks like I should expect to wait 6-9 weeks based on most of your experiences. I'm going to start gathering all my evidence now and make sure my mailing address is current. Hopefully I'll be one of the lucky ones who gets scheduled sooner rather than later!
Good plan. One more tip - if you're really in a financial bind, you can include a hardship letter with your appeal or call the Appeals office to request expedited scheduling. It doesn't always work, but sometimes it can move you up in the queue a bit. Just be ready to provide some documentation of your hardship.
Just wanted to add my recent experience - I filed my appeal in late January and got my hearing notice yesterday (March 28th), so about 8 weeks total. The hearing is scheduled for April 15th via Zoom. Like others mentioned, it came by regular mail only and arrived about 2.5 weeks before the actual hearing date. One thing I noticed is that my notice included a detailed list of documents I should have ready, which was really helpful for preparation. They also included a phone number specifically for technical issues if you're doing a virtual hearing. @Diego - since you're dealing with a "false statement" issue like I was, make sure you have any documentation that shows it was an honest mistake. In my case, I had email exchanges with my employer that helped clarify the confusion around my work dates. Good luck!
Anyone else notice how the EDD website always seems to be 'under maintenance' when you actually need to use it? 🤔
This happened to me too! Check if you have any mail from EDD - sometimes they send disqualification notices by regular mail and it's easy to miss. Also, when you do get through to someone (and you will eventually!), ask them to pull up your entire case history. Sometimes there are system glitches that auto-disqualify people for weird reasons. I had to appeal mine and it took forever but I eventually got all my back pay. Don't let them wear you down - you've got this! 💪
One more piece of advice from my experience: during the hearing, make sure to address only what the employer brings up in their testimony. Don't volunteer additional information or try to refute claims they haven't made yet. Let the judge guide the conversation. Also, regarding your slander question - while what they're doing is frustrating and potentially dishonest, proving slander in a legal sense would be difficult. Focus on winning the EDD appeal first. If your husband wins his appeal, the EDD will essentially have ruled that the employer's claims weren't credible, which is what matters for getting his benefits.
I went through a very similar situation with my former employer making unsubstantiated claims during my EDD appeal. Here's what I learned that might help you: The Administrative Law Judge will absolutely require the employer to provide concrete evidence for their allegations. Verbal warnings without documentation, claims of police involvement without records, and other unsubstantiated accusations won't hold up under scrutiny. A few key points for your hearing: - Bring multiple copies of all your documentation (the reference letters from the former supervisor and coworker statements are excellent evidence) - If you verified there were no police calls from that business address, bring written confirmation of that fact - The judge may ask the employer specific questions like "When did these verbal warnings occur?" and "Who witnessed them?" - if they can't provide specifics, it weakens their case significantly In my case, the employer made several claims but could only provide vague responses when pressed for details and documentation. The judge ruled in my favor because the burden of proof was on them to demonstrate misconduct, and they failed to do so. Your husband's case sounds strong given the supporting documentation you have. Stay organized, remain factual during the hearing, and let the employer's lack of evidence speak for itself. Good luck with your February 10th hearing!
Oliver Brown
ACTUAL UPDATE: Finally got some movement! I took everyone's advice and kept calling until I reached a tier 2 specialist. Turns out my interviewer HAD approved my claim, but because of the overpayment on my record, it got automatically flagged for additional review. The specialist was able to see this and manually pushed my payments through after verifying a few details. My status changed from pending to paid about an hour ago! Such a relief. They said the money should be on my Money Network card by tomorrow morning. Regarding the overpayment, they confirmed I'll be getting a separate notice about setting up a repayment plan, but it won't hold up any future payments as long as I respond to that notice. Thanks everyone for the guidance. Would have been lost without your help!
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Ayla Kumar
•Congrats! Dealing with EDD is always such a headache but glad you got it resolved!
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Javier Torres
Congrats on getting this resolved! Your experience really highlights how important it is to keep pushing for the right level of support at EDD. I'm dealing with a similar situation right now - had my interview last week and was told everything looked good, but my payments are still stuck in pending status. Did you have any specific strategy for getting through to a tier 2 specialist? Every time I call the main line they just tell me to wait the full 10 days, but like you said, when you're broke and bills are due, waiting isn't really an option. Also curious - how long did it take once the specialist manually pushed your payments through for them to actually show as "paid" in the system? Thanks for sharing your success story, gives me hope that persistence will pay off!
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