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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33552
Experience:  Retired (mostly)
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Hello. I mailed my California unemployment form late by

Customer Question

Hello.

I mailed my California unemployment form late by accident. I didn't even know there was a "late" but now I do as I have a phone interview.

The forms get mailed to my permanent home address while unemployed (my 60 year old mother's house) and she accidentally misplaced it. When I found it, I immediately mailed it in. What are acceptable reasons why the form was late? Should I be concerned?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
A claim is late if mailed more than 14 days after the last week ending date. How late was your claim mailed?
Customer: replied 2 years ago.
An aditional week late. With the new automatic deposit system, I didn't start looking for it until I realized there was no deposit.
Expert:  socrateaser replied 2 years ago.
So, perhaps what happened was that your mother brought in the mail, put the letter away and could not remember where it was placed, because she has memory issues, and it took you practically a week to locate it, because she put it _____ [in some ridiculous location, where no one would have expected it to be, like in the freezer, etc.].

The law requires a "compelling reason," for the late submission. Mere inadvertance will cause you to lose a week worth of benefits.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.
Yes this could help. She puts important mail and ducuments in her underwear drawer, a place I do not look. If I explain this and that it will never happen again will it mean I am not at fault?

Four follow up questions.

Will my mother have to testify to this in an interview?

I no longer carry the phone number they have on file at the California EDD. Will this be an issue?

What if I call them before the interview, will they give it to me prematurely?

What if I miss the interview?

Help me get through this and I will accept answer :)
Expert:  socrateaser replied 2 years ago.
Yes this could help. She puts important mail and ducuments in her underwear drawer, a place I do not look. If I explain this and that it will never happen again will it mean I am not at fault?

A: You may want to use a different mailing address going forward, so that it really can't happen again. Just saying it won't is not particularly credible, because if nothing changes regarding the mailing address, then it very well may happen again.

The goal is to show that you made dilligent efforts to locate the form when you realized that it apparently didn't show up, and perhaps you were about to contact EDD and tell them that it did not arrive in the mail, when all of a sudden you were putting away some of your mom's laundry and there in amongst her underware was a bunch of your mail.

Naturally, I don't want you to lie -- but, I hope you see what I mean. You need a compelling reason for not having the letter, and why it suddenly was available to you for a late mailing.

Four follow up questions.

Will my mother have to testify to this in an interview?

A: No. If you were denied benefits, you could appeal, and then you could choose to call her as a witness, but you wouldn't have to, and in fact, doing so would probably be unexpected, given your assertion that she has memory issues (allusion to early stage Alzheimer's).

I no longer carry the phone number they have on file at the California EDD. Will this be an issue?

A: I doubt it, but you defintely need to update the info.

What if I call them before the interview, will they give it to me prematurely?

A: Almost certainly not. But, if you're calling to give them a new contact phone number, that would resolve the issue, because they will know how to contact you. You don't have to tell them when you changed numbers.

What if I miss the interview?

A: You will definitely lose your benefits for the week in question, and you may have to reopen your claim.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.
Last questions,

Do I have to call to change my phone number or is there a way to do it by internet. Having a problem finding this online?

2 years ago I had brain surgery and take medicne that makes me a little loopy and forgetfull at times. Would this be a better reason why I mailed it late or stick to the truth... underwear drawer?

Is there anyway to handle the issue without the phone interview or must I do it?

Expert:  socrateaser replied 2 years ago.
Do I have to call to change my phone number or is there a way to do it by internet. Having a problem finding this online?

A: This is not a legal question. I don't know the answer any better than you.

2 years ago I had brain surgery and take medicne that makes me a little loopy and forgetfull at times. Would this be a better reason why I mailed it late or stick to the truth... underwear drawer?

A: That could be construed as evidence that you are not "able and available for full-time employment" -- which means that all of your UI benefits could be terminated immediately.

Is there anyway to handle the issue without the phone interview or must I do it?

A: There is no escape. You have to take the interview, or you will lose the benefits.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33552
Experience: Retired (mostly)
socrateaser and 3 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Please give examples of "compelling reason,"

There is no option for
title line in the sytsem I see
Expert:  socrateaser replied 2 years ago.
Please click Accept for my numerous Answers to your previous Questions, and I will be happy to consider your new Question here.
Customer: replied 2 years ago.

Accepted with a tip, you are awesome!

 

please help me with the Compelling question.

Expert:  socrateaser replied 2 years ago.
See this link for the EDD Benefit Determination Guide -- scroll down to Section C. Extending Time Requirements. There are numerous examples of what has worked and failed in the past as good cause and compelling reason in appeals for a backdated claim.

Hope this helps,


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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