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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111605
Experience:  Attorney experienced in commercial litigation.
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I got a letter Notice of Computation

Customer Question

I got a letter Notice of Computation
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I got this letter and I'm self-employed that I didn't have enough of the benefit package that I've been actively looking for work for 60 days. So I need to know if I qualify for the amount I'm do. Since I'm self employed I got an EDD form to be filled out by the employer which I filled out all the dates correctly of when I was I took my leave for my little baby and sent that back. Is there something that I'm missing or that I need to do or say in order to get the money.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to report all of the hours you worked truthfully to EDD on the computation report. You also should attach any proof you have to document that those were the only hours you worked during that period. As far as computation of benefits, legally we cannot make that computation, only EDD does because they have all of the correct figures and we cannot access that inforamtion

You need to show them with whatever proof you can put together you are reporting all hours worked and if you put any bids in for work you did not receive, attach those too as proof you are seeking work and not just choosing not to work at your business.

Customer: replied 1 year ago.
I have reported all my hours to edd truthfully. My wife had a c-section and she had an allergic reaction to the medicine and was disabled for quite a while and I had to take work off to care for our first child and the second child. And since I'm self-employed they sent me a form to be filled out for the dates that I had not worked so I filled that out correctly and just submitted that yesterday.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The time you did not work for personal reasons is not computed in you not having work, because you were not available for work during that time or not able to look for work during that time and it would be no different than if you were not self employed and had the same issues with the wife and new child. You cannot get credit for time out of work, as you likely realize, for time when you were not available or looking for work.

You also need to send them any documentation and proof to support your computations.

Customer: replied 1 year ago.
I guess my questions for you is the 60 days actively looking for work is that before you have the baby or after?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. It would be combined before and after, it is 60 days total, and they take out time spent having the baby or bonding time you claim.

Customer: replied 1 year ago.
Can I call you
Customer: replied 1 year ago.
If you're actively looking for work for that 60 days and can prove it but your computation form is a zero for the year are you still entitled to benefits
Expert:  Law Educator, Esq. replied 1 year ago.

If you can prove you were looking for work AND you were paying into unemployment with your self employment, if you had no income in the previous 5 quarters of the base period then they have no unemployment paid in for them to give you credit on.

I can send you a phone offer if you would like, but the site charges an additional fee for that.

Customer: replied 1 year ago.
How much is it to talk to you on the phone if I just call you and u send me a PayPal bill
Customer: replied 1 year ago.
if you don't pay into the five quarters of unemployment then there's no way you can get the money
Customer: replied 1 year ago.
How long do you have to file the claim if it's myself or my wife filing the claim
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you have nothing paid into unemployment during the base year (the year you became unemployed) then it does not matter if you looked for work for 90 or 120 days, there is nothing for them to calculate your unemployment on.

So if you have no money paid into unemployment during the last 5 quarters before becoming unemployed, you cannot collect as there is nothing to collect from. This is something many self employed people miss, they do not pay into unemployment with unemployment taxes for themselves and when they are out of work there is no way for them to collect because there is nothing in their EDD accounts.

So if you have not paid in at least ONE of the last 5 quarters, there is nothing for them to compute any benefits on for you.