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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Your Question: I filed for an unemployment claim on 2/15/12.

Resolved Question:

Your Question:

I filed for an unemployment claim on 2/15/12. I was on tier 3 extension and I still have $1,640 left but it got discontinued because I accepted a full-time temporary assignment from a temporary agency from 3/11/13 to 6/27/13.

I re-opened my claim on 6/28/13 but I have received no benefit as of today. However, I did receive a noticed from EDD on 7/16/13 stating that " You may qualify for extended benefits. If you qualify, the claim will automatically be filled. No action is needed on your part. You will be notified by mail of your eligibility". It is more than two weeks now, I still haven't received or heard anything from EDD. I have called and e-mailed EDD but I have received no response as of today. What should I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

The means of forcing the EDD to take action on a claim is, unfortunately, hidiously costly. The process is called a "petition for a writ of mandate," which must be filed with the Superior Court, and it is practically impossible to accomplish without hiring a lawyer.

You can send a complaint form to EDD, by certified mail, return receipt requested, so that you know that your complaint was received. But, ultimately, if EDD does not respond, then you are stuck, because until EDD sends you a denial, you cannot appeal to the administrative law judge.

I don't want to say that all you can do is wait, but, that's really where you're at. You could mention in the complaint that unless you receive a response within the next 15 days, you will file a writ petition with the Superior Court. That might get someone's attention, because it will show that you know what your next legal step is -- but, if it doesn't, then you will have to decide whether or not you want to actually file the petition so as to force EDD to do its job.

I really wish I had some other bulletproof means of getting you a response, but this really is all there is available.

I can direct you to a civil practice guide that explains how to file a writ petition, if you decide you want to try to "do-it-yourself," but that's the only other thing that I can offer under the circumstances.

Please let me know if you would like that info. Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34830
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

First of all, I need to know which tier will I be on and qualify for. As I have mentioned, I have $1,640 left from tier 3 claim back in March,13 before I received the temporary assignment from a temp agency. Should I or Will I be able to get back to that extended benefits? Or EDD should automatically file for tier 4 extended benefits?

Expert:  socrateaser replied 1 year ago.
Your Tier 3 claim is expired. Also, after some additional research, I have found that, due to federal benefit cuts caused by the improving employment conditions in California, no further Tier 4 claims will be permitted after August 11. Consequently, if you have received no correspondence from EDD, then you should file an extended benefit claim using the process found at this link, as a means of preserving your right to a Tier 4 claim.

Even if your claim is denied, due to your having already reopened your previous claim, by filing the extended benefit claim, you will have set up conditions to permit you to appeal an adverse ruling with an administrative law judge. This would allow you to avoid having to petition the Superior Court, as previously described.

Hope this helps.

Customer: replied 1 year ago.

I filed my my first unemployment claim on 2/15/13 and I filed again on 6/28/13 to re-opened my claim. There is only one form to use either to file a claim or to re-opened a claim. There no particular form on EDD site that I could file for extended benefit only. What am I missing here?


 


If I could get my tier 4 payment, it will be worth fighting for and I don't mind to pay you extra to do the work if necessary. I am tired of dealing with them.

Expert:  socrateaser replied 1 year ago.
If you filed a form DE 1101i, and you called 1-800-300-5616 after 10 days of no response, then you have done everything that you can, other than to file the complaint form that I previously provided -- or to petition the Superior Court for a writ of mandate.

That is literally everything that you can do, and you will have preserved your rights to extended benefits by doing so.

Concerning my representing you to recover your benefits, I'm quite flattered by your interest, however, I'm retired and not taking cases at this time. Moreover, I am prohibited from accepting outside work via contacts made at this website.

If you wish to hire a lawyer, I can provide you with a referral link -- please let me know.

Hope this helps.
Customer: replied 1 year ago.

Thank you for your quick response. Yes, I have filed form DE1101i on 2/15/12 and 6/28/13. I will try to call the number you have provided tomorrow. And I may need to hire a lawyer to get my tier 4 payments since EDD doesn't seem to want to honor that. Please send me the referral link and your help is greatly appreciated.


 


I am happy with your service and I will rate to finish tomorrow in case if I have an additional questions or two. By the way, besides from the deposited payment. Am I allow to tip you?


 


 

Expert:  socrateaser replied 1 year ago.
All of the State Bar of California Certified Referral Service links can be accessed here.

The phone number that I provided is listed at the bottom of the paper Form DE 1101i. It's definitely not a secret contact number. Hopefully, EDD will be able to resolve this for you immediately.

Concerning a tip, I shall greatfully accept whatever contributions you believe are appropriate, so that I can continue to assist others in the future.

Thanks again!
Customer: replied 1 year ago.

Well, I have called that 800 number but as usual they were too busy to pick up the phone. Anyway, I did get a response back today from a non 800 number after multiple calls. She said she will mail out the continue claim form today. Hopefully, I will receive it sometimes next week.


 


I am ready to rate and close this session now so you can get paid. Again, thank you for your help.


 


 


 


 

Expert:  socrateaser replied 1 year ago.
EDD is a pain -- in fairness they are the most understaffed government agency in the USA, right now. I wouldn't want to be one of their customer service reps.

Regardless, you're entitled to benefits and a prompt response. You may want to send of that complaint letter, anyway -- just in case you sitll don't get a letter response -- and to ensure you have your opinion registered.

Best of luck!
Customer: replied 1 year ago.

I tried multiple times to rate and close this session but I wasn't able to. I keep getting the below message:


 



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I did click on continue but I didn't see anything that I could choose a different payment method.


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