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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hi. I received a letter from the CA EDD about a phone call

Resolved Question:

Hi. I received a letter from the CA EDD about a phone call interview re: mailing in my claim form late. I MISSED the call. Then I got a letter saying that I was not allowed to seek benefits during the 2 week period. along with an appeal form. Do I have to appeal and win in order to re-start my claim? Or do I just take this as a smack on the wrist and try to move forward? I'm on the Obama's extended 76 weeks benefits thing right now, already did 12 months of regular unemployment. This is in CA.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situaiton and hope I can help.

No, you wouldn't have to appeal and win in order to re-start your claim, as you have only been disqualified for beenftis for a 2 week period, assuming that you have continued to receive claim forms for the weeks after the 2 week period that you were disqualified from receiving benefits.

However, I would reccomend that you do appeal, even though it's not necessary for you to do so in order to continue to receive benefits.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks! Since you do recommend that I appeal... do I admit that I was just plain stupid and lost the stamped envelope in my car before realizing that I missplaced it and then mailed it late? Is that the best way to answer that? because that is the truth. Not sure how much leeway they have for stupidity at CA EDD.

And no, I have not continued to receive claim forms. So I need to sort out how to get one started again, I suppose.
Expert:  Joseph replied 4 years ago.
Yes, you should just explain the reason why you mailed the claim form in late was due to the fact that you misplaced in the envelope in your car, and accidentally mailed it in late.

The EDD is very willing to deal with claimants who have forgotten or misplaced claim forms, and would readily reinstate your claim with that explanation.

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