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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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The question is , can I cancel the current claim or appeal

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The question is , can I cancel the current claim or appeal
Yes, you can cancel the current claim, since it is still within 30 days when you filed, as long as you haven't cashed your first benefit check.

You can read more about canceling a claim here:

http://edd.ca.gov/UIBDG/Miscellaneous_MI_30.htm

Also it is virtually impossible to get through to EDD on the phone, so I suggest you do so online, which you can do here:

https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx
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Customer: replied 5 years ago.
Joseph,

Even though it appears as though you are correct in that according to a prior case,
the courts have established that one may cancel a claim within 30 days, the reply I just received states that I can Not because the funds have already been credited to my debit card.

These funds however have not been withdrawn by myself or anyone else

Any suggestions in how I deal with this
I want to cancel the claim ,but they either do not know the law, changed it,
or are just giving me a hard time.

What makes matters more difficult is the fact that I'm located in Texas
I'm sorry to hear about that.

The law probably hasn't caught up to the technology in this case, since funds are now distributed to recipients through debit cards instead of through checks.

The only thing I could think of, would be to write a letter to EDD requesting to cancel the benefits and stating the facts that you haven't yet used the funds that were distributed to you via the debit card.
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Customer: replied 5 years ago.
The law hasn't caught up with technology in that there is no court case for debit cards just checks ?

I believe I already told them I want to cancel the benefits and that I have not yet used the funds. Does this mean for all practical circumstances I'm out of luck unless i want to spend big dollars fighting it.

What gets me is I have notified them within 10 days I wanted it canceled.
Should I give up ?
Yes, there isn't a court case dealing with debit cards yet, as EDD only shifted over to the use of debit cards last year.

It would be very difficult to fight the EDD's decision not to cancel your benefits, but I would still suggest that you write a letter requesting your right to do so under the Solway case, as you did not use the funds that were placed in your debit card.
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