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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31580
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I APPLIED FOR CALIFORNIA UNEMPLOYMENT ON 12-19-10 WHEN MY COMPANY

Resolved Question:

I APPLIED FOR CALIFORNIA UNEMPLOYMENT ON 12-19-10 WHEN MY COMPANY CLOSED. I HAVE THE CONFIRMATION. THE FOLLOWING WEEK I WAS PUT ON STATE DIABILITY AND DID NOT COLLECT UNEMPLOYMENT. I WAS RELEASED TO WORK 12-2011. I FILED FOR UNEMPLOYMENT BUT THEY OPENED UP A NEW CLAIM THAT ONLY LASTED 18 WEEKS-WHICH IS OVER. NOW I HAVE ASKED TO REOPEN THAT ORIGINAL CLAIM AND I AM DENIED STATING 1253A.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


 

Employment-LawExpert :

1253A states as follows:


 

Employment-LawExpert :

An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that: (a) A claim for benefits with respect to that week has been made in accordance with authorized regulations. (b) He or she has registered for work, and thereafter continued to report, at a public employment office or any other place as the director may approve. Either or both of the requirements of this subdivision may be waived or altered by authorized regulation as to partially employed individuals attached to regular jobs. (c) He or she was able to work and available for work for that week. (d) He has been unemployed for a waiting period of one week as defined in Section 1254, unless this waiting period has been waived pursuant to Section 8571 of the Government Code. (e) He or she conducted a search for suitable work in accordance with specific and reasonable instructions of a public employment office. (f) He or she participated as required by the director in reemployment activities, such as orientation and assessment if the individual has been identified pursuant to an automated profiling system as likely to exhaust regular unemployment benefits unless the individual has shown good cause for failure to participate.


 

Employment-LawExpert :

If you can figure out which of the above provisions you have violated, you can file an appeal with the unemployment board citing facts specifically addressing the provision they believe you have violated.


 

Employment-LawExpert :

Have they eluded to which of the provisions they believe you have violated in the above code?


 

Customer:

Yes 1253a. The issue is that I went on disability and NOW want to reopen that claim. This is what a hearing judge told me to do after my lst 18 week claim expired. She told me to ask for an appeals specialist which I have about 9 times plus 5 faxes.

Employment-LawExpert :

So I am assuming that you have not been granted one is that correct?


 

Employment-LawExpert :

an appeals specialist to hear your case?


 

Employment-LawExpert :

Were you denied one? or just not granted one?


 

Employment-LawExpert :

I am going to opt out of this question in case another expert will be better able to assist you concerning this matter. Have a wonderful evening.


 

Expert:  Tina replied 1 year ago.
Hello and welcome,

Different attorney here. Are you still waiting for some information that I could provide?

Customer: replied 1 year ago.

I dontknow what else. They only said in the denial that it was 1253A. But we have a confirmation of application from the day before disability started. There is no question the application was made and accepted, no idea what they are eluding to. Filing appeal but how can they deny a claim that was filed on time, with all info? But never collected on? ALL communications have been positive and in the 45 days have NEVER been told ineligible. They just keep needing more info on wages, etc.

Expert:  Tina replied 1 year ago.
Hello again,

Thank you for the additional information.

In the appeal, it will typically be important to focus on producing proof of each of the eligibility factors set out in 1253A, so there can be no basis for denying the claim. I would go through each element a-f and produce proof that you should receive benefits. It is possible that something was overlooked during the initial processing of your claim, so if you produce evidence that each element was met, the appeal should be successful.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 31580
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you

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