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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I received a form from EDD with Additional Instructions on

Resolved Question:

I received a form from EDD with Additional Instructions on it
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

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

What question do you have regarding your situation?
Customer: replied 2 years ago.

I guess I am confused because I received this letter after I was told that I was approved for a tier 2 extension and a new claim. I also received a new package with a new claim start date and a total amount of new claim. I did not earn 1300 dollars last year during any quarter within my claim year. I did work a very part time job and continued to claim unemployment during this job, but I reported all of my earnings to EDD on my claim forms and received adjusted claim payments according to the money made from my part time job. Could the $300 that I made over a period of three weeks effect my claim? I cannot provide proof that I earned 1300 during any quarter last claim year, as I did not make this. However this is what the letter asks for.

Expert:  Joseph replied 2 years ago.
Have you been scheduled for an interview or a hearing with EDD?

No, the $300 that you made over a period of 3 weeks would not effect your claim. As long as you were approved for a tier 2 extension, you will be able to continue to receive unemployment benefits.

The letter that you received appears to be a bureaucratic mistake since it is not necessary for you to earn $1300 in any quarter within the last year that you were receiving unemployment benefits to continue to receive benefits under a tier 2 extension.
Customer: replied 2 years ago.


I already had an interview with a EDD rep, but about a different situation. I want to clarify that my claim expired 9/29/12, but since I am still unemployed I was able to file a continued claim that puts me into tier 2 of my extension. When I filed my claim after my old claim expired I was told that if we used the 9/30/12 date to file they would go back the last 18 months and find the highest quarter earnings and get the new benefit amount from this figure. I assumed this was correct as they usually do go back 18 months, but after I got this letter that said I needed to provide proof of earning 1300 in a quarter between 10/2/12-9/29/12 I was so confused. Should I call EDD about this because it said I had to provide this within 10 days of letter receipt? Is this a common mistake?

Expert:  Joseph replied 2 years ago.
Yes, EDD does typically make these types of bureaucratic errors.

It is impossible to get through to EDD on the phone, so you should contact EDD using the Ask EDD online service instead.

It is here:

https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx
Customer: replied 2 years ago.

I did contact ask edd. This was their reply:


You had a prior Unemployment Insurance benefit claim. Benefits cannot be paid on your new claim unless you worked during the life of your prior claim. You must have earned at least $1300 as an employee in your highest quarter of earnings during the life of your prior claim, or earned at least $900 as an employee in your highest earnings during the life of your prior claim, and your total earnings during that same time period were at least 1.25 times that highest quarter amount. Under certain circumstances, monies paid by Disability Insurance and/or Workers' Compensation may be used to validate your claim. You have been asked to mail in copies of your proof of wages. Proof of wages should include your name, your Social Security number, the name of the employer, the amount earned, and dates worked. Please do not send original documents.

Expert:  Joseph replied 2 years ago.
EDD miscategorized your application for an extension as a new claim for benefits. Since you already received a statement granting your extension for benefits, you will still receive benefits, and should disregard EDD's response, since it only pertains to a new claim for benefits and not your extension for unemployment benefits.
Customer: replied 2 years ago.

I am so discouraged, because I really want to believe that I have been approved for another extension, but this letter has me so worried.

Expert:  Joseph replied 2 years ago.
I understand. It has to do with how EDD processes extensions, since they require that you reapply for unemployment benefits. There's no reason that you would have been denied an extension, since you are not required to work during your benefit period in order to receive an extension.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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