California Employment Law

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I have a question regarding CA EDD disability: I started the

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I have a question regarding...
I have a question regarding CA EDD disability:
I started the application process for EDD or State Disability on March 27, 2015 and got the receipt back from them April 30 2015.
I listed the onset date for disability purposes with my last date of pay 12/31/2013 on both applications The state has sent back three forms listing 3 reasons for ineligibility due to 1.) No taxable wages in base period of last 12 months 2) Claim not filed within 49 days of beginning of disability 3.) Beginning date of claim must be one day after the last day you worked. Assuming I am and was disabled and did file within the extended base period of 18 months is this appealable?
Submitted: 2 years ago.Category: California Employment Law
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Answered in 34 minutes by:
11/4/2015
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,358
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Yes, this would certainly be appealable assuming the facts are as you state. Along with your disqualification notice you should have received a Form DE 1000A. This is the appeal form. You must mail that back to the EDD within 20 days of the mailing date of your disqualification notice.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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Customer reply replied 2 years ago
Thanks Patrick:
Here are a couple more facts about this issue:
Last quarter of earnings ended on 12/31/2013 no earnings since then.
Disability start date was 12/31/2013These are the notices -->
CLAIM EFFECTIVE DATE 08/22/15
NOTICE OF CLAIM DATE ADJUSTMENT
Your first claim for Disability Insurance has been disallowed beginning from 12/31/13 through
12/31/13.The beginning date of your claim has been adjusted for the following reason:
The beginning date must be at least one day after the last day you worked.That was the last day of the last quarter of earnings so that is what I put as the start date.CLAIM EFFECTIVE DATE 08/22/15
NOTICE OF CLAIM DATE ADJUSTMENT
Your claim was not filed within 49 days of the beginning of your disability.The third notice was a calculation that said I had no earnings from April-June'14 through Jan-Mar '15 so it was an invalid award with insufficient earnings.I am aware I can appeal. Is there any basis for an award given the time periods involved and if so, do they pay disability going forward or retroactively? I did file for federal disability at the same time. SSA did say I was currently partially disabled and I am under reconsideration review currently for federal long term disability. Is there any more information you need to evaluate this question?
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

Unfortunately, I must opt out of this question in favor of other experts as I am unable to assist you further. Another attorney should be with you shortly. Please do not respond to this message, as it will delay a response from someone else. Very best regards ***** ***** for any inconvenience.

Patrick

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California Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 120,975
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
The starting date has to be one day AFTER your last date worked, so if you worked the last day of that quarter, 12/31/13, then you start date of the disability is 1/1/14. Also, if you stayed out disabled in 2014, you needed to file the claim within the 49 days in accordance to the law.
If you have your evidence of your last day of work being before 12/31/13 or you need to present evidence on your appeal of that and they can award the benefits retroactively. As far as the claim filed beyond 49 days, that one cannot be appealed unless you can prove you did file within 49 days of your disability.
However, if you have evidence on either one of these issues, file that appeal form immediately, because if you miss the deadline you can no longer appeal, and get your appeal hearing and benefits can be retroactive for the dates you should have been eligible.
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California Employment Lawyer: ,  replied 1 year ago
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California Employment Lawyer: Law Educator, Esq., Attorney 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.

If you filed within the extended base period, you still had to show taxable wages during that period and you still had to file within 49 days of being disabled. If you do not file within the 49 days, the only way to win appeal is proving that your disability was so severe that you were prevented from doing so based on the disability. If you cannot prove the good cause for filing late OR did not have any taxable income within the 12 months, then they will still not be able to qualify you for those benefits I am afraid.

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Law Educator, Esq.
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Category: California Employment Law
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