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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1824
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was discharged 1/24, applied for EDD benefits. I was interviewed

Resolved Question:

I was discharged 1/24, applied for EDD benefits. I was interviewed and recently received approval for EDD benefits at 257/wk, the BofA debit card arrived and when I activated it I discovered $257 was already on it -- added to the card on Feb 21. Since then, no other payments. What could be going on. Though I will try again to get through to EDD in the morning, I keep getting "high caller volume, call later" messages. In the meantime, is there any reason why I would get this single payment and nothing more? Also, why have the several weeks of payments after 1/24 not been applied. Finally, is it possible that my employer appealed my approval. Could that appeal be the answer to the question of why my payments have been blocked?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Customer:

Yes

Employment-LawExpert :

Welcome to the chat

Customer:

Thanks

Employment-LawExpert :

While it is possible that it has stopped due to your employer contesting your claim, it is more likely that you have not taken the necessary steps to request your weekly benefits.

Customer:

I've filled out online the "continuing benefits" form. Is there more?

Employment-LawExpert :

Are you filling them out each week? (two weeks at the latest)

Employment-LawExpert :

Showing that you are able and looking for work?

Employment-LawExpert :

Each time you request payment you must be approved before any money is deposited to bank or debit card.

Customer:

No, you mean the same form must be filled out every week?

Employment-LawExpert :

Correct. You need to show that you are available for work and that you are looking for work

Employment-LawExpert :

Though it is every two weeks

Employment-LawExpert :

Here is some more information concerning this

Employment-LawExpert :

http://www.edd.ca.gov/unemployment/Completing_the_Continued_Claim_Form.htm

Customer:

So I fill out the continuing benefits form again, once every 2 weeks, listing those places I applied to for work. Otherwise

Employment-LawExpert :

As long as they do not believe that you have been offered employment you have turned down, then you should be receiving your payments

Employment-LawExpert :

If they have a reason to deny your claim, you would usually receive a letter within 10 days of the denial with the reason they needed you to appeal the decision

Customer:

But would my not realizing I needed to fill out the CC form be reason for the EDD to suspend payments?

Employment-LawExpert :

Absolutely.

Employment-LawExpert :

Think of it this way, they are not suspending payments, but rather, you have to prove that you are eligible for payments in order to receive them.

Employment-LawExpert :

If you do not prove you are eligible, they will not add money to your card

Employment-LawExpert :

You can prove this either by calling them or submitting the online form

Customer:

Ok, so that probably explains it.What about the last several weeks -- only one week's payment has been recieved. Did I effectively forfeit my right to those missed payments? Or will they go ahead and pay for those lapsed weeks after I start filling out the form regularly?

Employment-LawExpert :

To not forfeit those weeks, you need to prove that there was a legitimate reason that you did not file the paperwork. As you have never done this before, that can be a legitimate argument to receive back benefits.

Employment-LawExpert :

While it will ultimately depend on who you end up with on the phone, there is a legitimate argument to receive payment for those weeks

Customer:

Ok, then you recommend the phone in any case. Should I go ahead now and fill out the form, then call asap?

Employment-LawExpert :

Yes, you want to do it as soon as possible so that you receive as much as you can as soon as you can

Customer:

Thanks -- when I fill out the form right now, do I have to list the specific places, with contacts, etc, I applied to for work? Does the form require such detail?

Employment-LawExpert :

The form will ask you if you have been available for work, if you have worked an hours, if you have earned any extra money for the week/weeks you're requesting payment, and if you have returned to full-time work.

Employment-LawExpert :

You may have to enter in the "person contacted" for a particular amount of jobs

Employment-LawExpert :

as well as the address

Employment-LawExpert :

However, more often than not, you will not have to fill out that much detail, only the first things I mentioned.

Employment-LawExpert :

They are looking for proof that you have made an active search

Customer:

Ok thanks. Finally, do you have any advice on the best time to call? Should I call at 7:59am or is there a more likely time to get through. Problem is, the EDD does not have a queing system, but simply announces that they are swamped, advises a later call.

Employment-LawExpert :

It really depends on the day. Tuesdays are best. I would call every two hours until you get someone

Employment-LawExpert :

Once you get the ball rolling, then you can do everything else online

Customer:

Ok thanks very much -- very helpful indeed...

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day

Customer:

Absolutely -- far better help than I ever expected. Thanks again.

Brandon, Esq., Lawyer
Satisfied Customers: 1824
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 4 other California Employment Law Specialists are ready to help you

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