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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
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I filed my continued claim form for my unemployment a few days

Resolved Question:

I filed my continued claim form for my unemployment a few days late (19 or 20 days.) I do not have a "good cause" and will probably be denied the benefits. I want to know if i am able to continue receiving benefits even if they deny these weeks? If i am able to continue do I have to go through an appeals process, re-open the claim, or will it just resume where it left off? also, is this money lost or am I able to collect it at a later date?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

The money is not technically lost, however, as you mention that you did not have good reason, then you may not be able to collect during this time.

During the phone interview, the EDD will try to determine if there is a good reason for mailing the claim late. If they do not feel there is a good reason, then the benefits will either be delayed, or completely denied. Reasons such as having a computer crash (and thus being unable to provide your work-search information) have been deemed to be sufficient in some cases. However, EDD makes the final decision, so you will want to have as much proof as you can as to why you were unable to fill out the necessary information on time.

If they do not feel that you have cause, then all future claim forms will be honored, but you will be denied the backdated portion. So in response to each of your questions. 1. you will likely continue receive benefits even if they deny these weeks. 2. You will not likely have to go through the appeals process unless you want to receive payment for those weeks, 3. You will likely not have to re-open your claim, 4. It will likely resume where it left off, and 5. The money will likely be lost, unless you can prove cause, or appeal the decision with statutory language or case law.

Concerning legitimate reasons for cause, you will want to look at the California Code of Regulations (CCR) Title 22 to determine all of the possible reasons you may have to establish good cause for missing the deadline. While everyone's situation is different, and I do not know the specific facts as to why you failed to file on time, I can only say that you will want to look directly at 22 CA ADC § 1326-6(c), 22 CA ADC § 1326-6(a), 22 CA ADC § 1326-6(a)5 and 22 CA ADC § 1326-6(a)7. If you can find a reason that would be deemed to be cause, then you will not only receive continued benefits, but you will also receive benefits for the backdated portion.

Good Luck!

Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Have a wonderful rest of your evening and a great start to 2013.


For your convenience, here is a link to some of the rules I mentioned above:

http://www.edd.ca.gov/uibdg/Miscellaneous_MI_10.htm

Brandon, Esq., Lawyer
Satisfied Customers: 1851
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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