I live in Missouri. I collected unemployment insurance from California.Now California says they over payed me and I have to re-pay them. I have exausted my appeals with them by phone. I believe the person in the employment office incorrectly completed forms on my behalf and I have not been granted federal extensions from the stimulus packages from Bush and Obama. I worked for one comany for 32 years and was laid off for 20 months. I've never collected unemployment before. I received 74 weeks of unemployment insurance. My understanding is the Federal extension plus the stimulus package totaled 99 weeks.My questions are, how do I work with the superior court in California from Missouri? And, how do I find out if I'm eligible for extnesions and if I'm not why not?Thank you very kindly, XXXXX XXXXX
State/Country relating to Question: California
California Unemployment Insurance Appeals Board.
I hope this message finds you well, present circumstances excluded. My understanding of this matter as well indicates that you should be eligible for a total of not more than 99 weeks of unemployment insurance.
I pulled this language from a California website: Up to 99 weeks of total benefits is still the maximum available to unemployed workers in California. The total number of benefit weeks for which someone is eligible depends on their individual situation, when the prior claims were filed, and California's unemployment rate.
Here is a link to the website...http://www.edd.ca.gov/unemployment/FAQ_-_Extended_Unemployment_Benefits.htm#Whatbenefitsareavailable
It appears that the deadlines for filing first and second extentions has passed. That date was May 30, 2010.
One method to get the information you need to proceed forward may be to write the legal department of the California Employment Developement Department under the auspices of a Public Records Request. (I say the legal department because you are more likely to get a response and they are legally required to respond to Public Records Request in a timely fashion). Send a certified letter that request information on the criteria for the number of weeks of unemployment available, who determines if the criteria are met, what the responsibilities of the state are in the process, if there remains an abiility to file for extentions and what would constitute an overpayment. Ask them to provide documentation to support their answers. Furthermore, ask that they respond within 14 business days and ask them to call you if the copy costs will be more than an amount you are comfortable with...like $25.00. Send with it a self-addressed large return envelope.
As to help with dealings with the Superior Court of California, I would strongly advise contacting an attorney in California that will file the requisite paperwork for you. Obviously money is an issue for virtually everyone and attorney fees can grow fast. Therefore, I would contact the California State Bar and inquire about pro bono (free) attorney work. Most of the states require attorneys to do a certain amount of work for free every year to maintain their certification. Your aforementioned records request should do a lot of the leg work for the attorney already, thus making the case not as laborsome.
Once again, I would definitely recommend hiring a labor attorney on the ground in California. You should be able to locate an attorney that will provide services pro bono, or at least some of those services. There are also legal clinics for the underserved that will provide similar work.
I hope this helps and best wishes with your endeavors going forward.
Thank you for your quick response.
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9 years practicing IP law and general litigation
Thank you again, for all your answers. I'm sure when I digest it all they will be extremely helpful. I am going to accept your answer so you get paid. I appreciate all your suggestions.
One thing however, I'm not trying to file for extensions past the 5/30 date. I'm trying to get them to consider what they call over-payment as my extensions. They have already admitted that I did nothing wrong, the mistake is on their end. However, I beIieve their error was in not filing for extensions. I think they over payed me for regular un-employment. It's all so confusing.
If the mistake was on their end, you should not have to pay them back in a perfect world. However, in dealing with the government, sometimes the citizen must pay of the mistakes of the government.
If I were you, I would exhaust all legal remedies before paying a dime back. I would put the pressure on those in charge of the individual who made the mistake.
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