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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hello I received a 7 weel penalty for not reporting income

Resolved Question:

Hello I received a 7 weel penalty for not reporting income in california. My penalty has been served as of 12/10/11 I am still unemployed and have not vrecieved anymore benifets even though i have served my penalty and i am now making payments to pay bak the money.. What im asking is am I still eligible?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

To be clear, have you been receiving unemployment benefits and the EDD cited you for not reporting income while receiving benefits? If so, is your question then whether you are eligible to resume receiving benefits now that you are paying back the overpayment?

I just want to make sure I am understanding correctly. Thanks so much.
Customer: replied 4 years ago.
Yes, I was receiving benefits and I got a job. I sent in 1 week by mistake of benefits and the penalized me for that 7 weeks. I got laid of from my job and reapplied for benefits and was accepted. However I served a 7 week penalty and now I am making payments repaying my penalty. My 7 week penalty ended on 12.10.11 an I eligible to start receiving benifits again??

Thanks
Expert:  Patrick, Esq. replied 4 years ago.
Thank you very much for the additional information.

The answer to your question would typically depend on whether you were issued a false statement disqualification. If you were issued a false statement disqualification, you may be prohibited from receiving benefits for as long as 23 weeks.

The EDD typically issues a false statement disqualification when the claimant has provided false information or withheld material information in order to obtain unemployment benefits.

UI Code Section 1257(a) states that an individual will be disqualified from receiving unemployment benefits if:

He or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division.

For more information regarding false statement disqualifications, visit this link: http://www.edd.ca.gov/uibdg/Miscellaneous_MI_45.htm

If you were not issued a false statement disqualification, you may be eligible to resume receiving benefits provided that you continue to make timely repayments of the overpaid amount.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.



Customer: replied 4 years ago.
I did receive a letter saying I was disqualified for 7 week penalty.. I served that as of 12.10.11 what I'm asking is can I still receive my benifits and make payments on my payback.??? If so they owe me 3200 if I were to be paid since the 12.10.11 could they just be behind?
Expert:  Patrick, Esq. replied 4 years ago.
That makes sense. If you were disqualified for 7 weeks, that means that you would not be eligible to be paid benefits at all during that time, and the EDD will not make up those payments at a later date.

Once the disqualification period ends, you would be eligible to again continue receiving benefits provided you continue making your repayment as well.

So yes, you can make repayments and receive benefits at the same time, but you would not typically be eligible to receive "backed pay" on benefits during the period in which you were disqualified.

I sincerely XXXXX XXXXX this adequately clarifies my response and makes it worthy of your "accept." If you require further clarification, please let me know.

Very best regards XXXXX XXXXX your weekend.
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