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Category: California Employment Law
Satisfied Customers: 27998
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Re: EddIf you forgot to send in your continued claim and

Customer Question

Re: Edd If you forgot to send in your continued claim and you are not able to access the Telecert or online, do we need to reopen the claim and if so , is there a chance that benefits will be denied? What is the way to work around it.


 


Actually I recollect having called in with to the Telecert but I don't have the confirmation number etc. however, when I call in now they say that too much time has elapsed and the only option appears to be to reopen the claim


 

Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

I am planning to reopen the claim today and send it over. But before that I want to make sure that I am doing the right thing and I wanted to understand if reopening the claim is the same as filling out the eapply all over again. I also want to find out what the process is -since it is a reopening -whether I have to go through all the steps of being interviewed etc. before I see my payment or they will review my application and allow me to send my continued claim. I want to know what is the best option at this point -should I send my continued claim or fill out the eapply.


 

Expert:  Fran-mod replied 2 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion.

If you have allowed your unemployment claim to lapse---because of a failure to re-certify as required, then you will have to apply again for benefits and this will have the effect of re-opening your claim---so long as you are still in the first year of your claim.

There would be no reason for the benefits to be denied so long as you, in the interim, have not taken a job with another employer and been terminated from that employer for cause. If that has occurred, you won't be able to re-open your claim.

Doug
Customer: replied 2 years ago.

So, I have to fill the form online and go through the interview process. Is it the same form I fill out that I filled earlier, when I first applied? Is there anything I need to be aware of or do I fill it out the same way I did the last time? I hope you are right that I will get full benefits. I did not take up employment with another employer and yes, I am in the first year of my claim.


Just let me know if it will work in the same way that it worked when I initially applied or will it be a faster process, since I am reapplying. Will they again contact the employer or will they refer to the existing records? I just would like to know. Can the employer create any trouble, although I have nothing to hide.

Expert:  LawTalk replied 2 years ago.
Good morning,

Go through the same application process. They will want to know why you stopped making your claim and they will ask about other employment. There won't be any reason to notify the employer as this is just a re-opened claim. I know of no reason that the employer would create a problem for you.

Doug
Customer: replied 2 years ago.

 


What is the best way to answer the fact that I stopped making my claim? I actually thought I called in through Telecert but it is possible it didn't go through. Is there sufficient grounds for denial based on that?


(I do plan to rate you very high) thanks for answering my followup questions.


 

Expert:  LawTalk replied 2 years ago.
Good morning,

It is not a problem to suspend your benefits. People do it all the time---if they need to travel out of country or get sick and know they won't be able to work for a few weeks.

The truth seems to be that you thought you had made the bi-weekly certification---and that is what the answer is if you are asked--the truth.

There is not a ground for denial just because you accidentally suspended your benefits---so long as nothing new disqualifies you---like having taken a job and been fired for cause..

Doug
LawTalk, Attorney
Satisfied Customers: 27998
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Expert:  LawTalk replied 2 years ago.
My pleasure,

Have a wonderful holiday season and a great 2013!

Doug

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