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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4830
Experience:  Extensive experience representing employees and management
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I was receiving EDD benefits until my claim expired. An extension

Resolved Question:

I was receiving EDD benefits until my claim expired. An extension was automatically filed for me and after a few weeks of no benefits at all, I recently received $450 for two weeks along with the usual claim form to fill out and return to get more benefits. On that claim form I reported that I started working as an independent contractor (outside sales agent for credit card processing company). I earned only a $110.00 so far and reported such. I was under the impression that since my earnings were so low and I was not a hired employee that I would still receive EDD benefits until my earnings exceeded the maximum allowed. Apparently this is not the case and I have not received any benefits anymore. It seems like I am being punished for being truthful and honest on my claim form and further punished for actually trying to find work instead of not looking for work and collecting the benefits.
My question is this: Do I have a claim for an appeal under the grounds that even though I am working as an independent contractor, I haven't earned much money at all and I have paid into the system previously as an employee?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

Have you actually received anything from EDD stating that your claim has been denied or are you just no longer receiving claim form from EDD?
Customer: replied 1 year ago.

No, I have not yet received anything from EDD stating my claim has been denied and haven't received any claim forms.

Expert:  Joseph replied 1 year ago.
Just because you don't receive new claim forms does not mean that the EDD has denied or canceled your claim, as there are many other explanations for this, and the EDD will not automatically cancel your claim just because you report earnings to them.

If it's the first time that you reported earnings, EDD may temporarily stop your payments in order to schedule an interview with you to discuss your employment. This would result in them holding up your claim forms.

However, as long as you are making less than your weekly benefit amont, you are entitled to unemployment benefits, and they will be reinstated once you have your interview with EDD.

You should contact EDD directly to request new claim forms at the website here:

https://askedd.edd.ca.gov/asp/frmEDDCOMM.aspx

1) Select the category 'unemployment insurance benefits.;

2) Select the sub-category 'claim form' &

3) Neeed replacement claim form

and then fill out the information requested to get your new claim forms.

The EDD will respond to you within one or two days to inform you of the situation and should send you out replacement claim forms within a week.

Customer: replied 1 year ago.

Thank you very much for your response. It was very helpful and I welcome the good news (I will gladly give you an excellent rating). But I guess I should have waited before asking this question because coincidently, I actually just received another claim form today!


It stated: "This is a duplicate claim form. On your original claim form, the wages (6A) and/or employer information (6B) was either incorrect or incomplete. Please look carefully at the date each week begins and ends and complete all information requested according to these dates. Please complete the entire form. Sign and date immediately but no later than 03-14-13".


So as you said, my claim has not necessarily been denied - Good news! However, now I have a new concern! After I completed the original form, I discarded my "work-search record" (Section B). I don't want to guess and have my new form be inconsistent with what was stated on the original.


 


Do you think it would be okay to simply put on that section "I no longer have that information, please refer to original form"? Or something to that effect?

Expert:  Joseph replied 1 year ago.
Your old claim form was disregarded, so it really wouldn't affect anything if your work-search record is slighly different.

However, you definitely could respond by stating that you no longer have the information and that EDD should refer to the original form.
Joseph, Lawyer
Satisfied Customers: 4830
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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