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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Applied benefits submitting online application to EDD on Jun

Customer Question

Applied for unemployment benefits submitting online application to EDD on Jun 28, 2015 after being on work stress related disability for two years. My position was terminated on Nov 2, 2013 EDD rejected to pay benefits to me bc I applied later than 18
mo. But I was on disability for two years and couldn't look for a job or work. Please advice if I can appeal EDD rejection
Submitted: 1 year ago.
Category: California Employment Law
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.
Unfortunately, one of the requirements of unemployment is that the person terminated be looking for and able to take gainful employment. If you were disabled and not able to do so, then all you can qualify for is any disability benefits. EDD cannot approve someone for unemployment if they were disabled and unable to look for work or take work if offered, the statute is very clear on that.
Customer: replied 1 year ago.
Thanks for the response.
I knew I could not apply for unemployment benefits BEFORE my work stress related disability is over. That is why I applied for unemployment benefits AFTER disability was over, two years later. But EDD rejected it bc it's too late - I must have been applying no later than 18mo. Looks like it's catch 22 for me. Please advise if there is anything I can do in this situation to get unemployment benefits
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid it is a catch 22, you could not have applied prior, but because your disability went beyond their statutory period to apply, they cannot award benefits now. This is a statutory issue and not one that the EDD can ignore I am afraid. You have to return to work for at least one quarter to be eligible for benefits again I am afraid.
Customer: replied 1 year ago.
If I need to work for at least one quarter before applying to edd benefits again - should it be only on W2 or 1099 is good too?
What if I work for hiring agency or real estate agency but never get paid bc it's work on commission ?
Can I resign or I have to get laid off in order to get edd benefits?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It needs to be W-2 and unemployment taxes need to be paid during that time. If your work is not paying into unemployment, it is not being counted as work by unemployment. Also, if unemployment finds you resigned a contract job without good cause, even if you would have enough credits to apply for unemployment, they could deny benefits still because you quit working as a contractor without good cause.
Customer: replied 1 year ago.
Thanks, ***** ***** have more questions.
Catch 22 it is -:(
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Best wishes.

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