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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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"In CA, I stopped claiming UI benefits by not submitting the

Customer Question

"In CA, I stopped claiming UI benefits by not submitting the continued claim form. I worked part of the time as an outside contractor, a few hours here and there of accounting work (I am a licensed professional). It has been 10 wks or so since I last filed a continued claim form.
1. I would like to resume the same claim. What are the rules or requirements? Will I be denied or my claim closed because I just stopped making the continued claim form? What will I be required to do to reopen it?
2. Also, since I worked as an outside contractor will I have to give the company info? I don’t want them to know I’m on UI, they are too small to offer me FT work anyway. Will EDD contact them? ”
Submitted: 5 years ago via ExpertLaw.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The requirements for reopening a claim are found in the EDD Regulation that I have copied below. The basic issue is that EDD can deem you either entirely ineligible or impose a number of penalty weeks of nonpayment, for failing to file continuing claim forms (typically 10 weeks, including the weeks during which you did not properly filing claim forms).

The form to reopen is not available online (as far as I'm aware). You will have to contact EDD for directions on how to file.

Here is the regulation text for your convenience:

§ 1326-5. Reopened Claim for Unemployment Benefits -Filing and Contents.

(a) “Reopened claim” means an application which certifies to the beginning date of a period of unemployment:

(1) Which falls within a previously established benefit year, extended duration period, or extended benefit period, and

(2) Which follows any of the following:

(A) A period of one or more weeks for which the claimant failed to file a continued claim or partial claim and during which the claimant did not perform services in employment.

(B) A period of one or more weeks for which the claimant was ineligible for benefits for a definite period and for which continued claims or partial claims were filed, unless with respect to any week during such period, the claimant was ineligible for benefits pursuant to Section 1252 of the code or pursuant to Section 1279 of the code due to excessive earnings from services performed in employment that week. If the latter condition is met, an additional claim would be filed following the end of the period of ineligibility. (See Section 1326-4 of these regulations.)

(b) If a claimant who is unemployed wishes to resume or continue claiming benefits, and the conditions specified in subdivision (a) of this section are satisfied, a reopened claim shall be filed, except as provided in subdivision (c) of this section. The claimant shall file the reopened claim by contacting a department field or branch office. In filing the reopened claim the claimant shall, to the extent required by the department, set forth the information specified in subdivision (b) of Section 1326-2 of these regulations.

(c) Notwithstanding the provisions of subdivision (b) of this section, a reopened claim may not be filed by a claimant who is:

(1) Under a disqualification for a fixed period pursuant to subdivision (b) of section 1257 or 1261 of the code, unless he or she has appealed the disqualification pursuant to subdivision (a) of section 1257 of the code.

(2) Ineligible for benefits for an indefinite period pursuant to subdivision (a), (b) or (c) of section 1253 of the code or section 1253.3, 1253.4, 1255.3, 1255.5, 1256, 1262, or 1264 of the code, unless he or she has appealed the disqualification.

(3) Awaiting an eligibility decision by the department on a prior claim filed in the same benefit year or extended benefit period.

(d) If the claimant had a change of address during the benefit year of any regular claim or extended benefit claim, the department may require the claimant to provide proof of identity in accordance with the provisions set forth in Section 1326-3 of these regulations.

Hope this helps.

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Customer: replied 5 years ago.
Sorry, that didn't really help or answer my questions. I guess I will just go to EDD and throw myself at their mercy...
Expert:  socrateaser replied 5 years ago.
If you need clarification, just ask, and I will provide the answers as necessary.

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