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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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In regards XXXXX XXXXX California unemployment claim. Im attempting

Resolved Question:

In regards XXXXX XXXXX California unemployment claim.
I'm attempting to cancel a claim that was done in error.
I received my notice of unemployment award per form DE429 on 4/11/12 (friday)
Started calling to cancel claim on 4/15/12, but could not get thru do to heavy volume.
Went to ask EDD 4/19/12, and told EDD a mistake was made and that I wish to cancel.
EDD responded by saying I can not cancel claim because they funded my debit card on 4/19/12.
Can I fight or appeal this decision. What are my chances of canceling ?

Mark Nowak
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

The application apparently was approved and benefits paid out, so the application cannot be canceled at this point as though it never existed. However, an appeal should not be necessary either.

If the applicant is working or otherwise ineligible for benefits, they should provide that information to the commission in their weekly report of wages, indicating why they are not eligible for benefits and requesting that the claim be terminated retroactively and offer a check for the balance of the benefits received in error.

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Tina and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi Tina,
Sorry not smiley face. Not sure we are on same track.
Probably needs more explanation.
I can't seem to get thru to EDD, I filed my claim initially not understanding the base period and alternate base period. What I ended up with was a claim for a small amount of money that I made in January 2011, rather than wages made in 1st quarter in 2012.
When the state (EDD)showed my award on form DE429, it was evident it was for a period for other than I intended.
I have tryed to stop the claim from going thru, but have been unable to .
I have not cashed any funds, however the funds are on my debit.
I have contacted EDD online but responce time is about 6 days. I have a reference number showing intent to cancel on 4/19/2012. Form DE429 was mailed from EDD 4/11/12 and received 4/13/12.
EDD says I can Not cancel claim because they funded 4/19/12.
Is there anything I can do at this point to back out or am I stuck.
I'm sorry for not giving a better rating initially.
Can we try again ?
Expert:  Tina replied 4 years ago.
If you wait, the EDD will ultimately catch up with you, it is just that they are backlogged, but retain proof of your attempts to contact them if possible.

Normally you must report earnings to the commission on a weekly basis and could indicate on that report that you wish for benefits to be terminated. Benefits would then be terminated and although the commission will not get in touch with you right away to recover their benefits paid, they will eventually contact you.

Your only other alternative is to go to the local offices and try to meet with a representative face to face. Like many agencies, they are not quick to act and are extremely overloaded right now, but will respond to your requests if you give them time.

You cannot cancel the application though.
Tina and other California Employment Law Specialists are ready to help you

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