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One thing nobody has mentioned - check if your former employer is even going to contest the appeal. Sometimes they don't bother showing up to the hearing, which makes it MUCH easier to win your case. You could potentially call your former HR department (not your boss) and ask if they plan to participate in the appeal hearing. If they don't, self-representation becomes much more viable.
That's a really interesting point I hadn't considered. It's a small company (only about 15 employees) without a formal HR department, but I could try to find out if the owner plans to participate. If he doesn't show up, would that basically mean I win by default?
I'm dealing with a similar situation right now - got disqualified after my eligibility interview and facing a $3,200 overpayment. Reading through everyone's responses here has been really helpful! I'm leaning toward trying to represent myself first since my case seems straightforward (employer cut my hours from 35 to 12 per week), but I'm definitely going to get a free consultation with an attorney just to be safe. One question for those who've been through this - how long did you have to prepare between filing your appeal and the actual hearing? I want to make sure I have enough time to gather all my documentation and organize everything properly. Also, did anyone record their conversations with their boss? I have a few voice recordings on my phone from when we discussed the schedule changes but I'm not sure if those are even admissible. Thanks to everyone sharing their experiences - it's scary going through this alone but this community really helps!
One more tip: when you have your eligibility interview (they'll likely schedule one given your situation), be very clear that: 1. You were ready and willing to return to work with the doctor-approved restrictions 2. Your employer couldn't accommodate those restrictions 3. You're actively looking for work that you can perform with your medical limitations Avoid mentioning that you were "fired" as that term can sometimes trigger concerns about misconduct. Instead, explain that your employment ended because your position was filled during your disability leave and no suitable alternative positions were available that could accommodate your medical restrictions. Good luck with your claim! With the documentation you have, you should be in good shape.
I'm in California and went through something very similar - was on SDI for about 15 months due to a work injury, then my employer terminated me saying they couldn't hold my position any longer. I was nervous about applying for UI but it actually went pretty smoothly. A few things that helped me: I applied online right after my SDI ended, made sure to emphasize that I was medically cleared to return to work (with restrictions), and had documentation showing my employer couldn't accommodate me. They did use my pre-disability wages to calculate my benefit amount, which was actually better than I expected. The key is being honest about your medical restrictions while showing you're genuinely able and available for suitable work. I had to do a phone interview about 3 weeks after applying, but once I explained the situation clearly, my claim was approved. Don't let the horror stories scare you - many of us have successfully transitioned from SDI to UI without major issues.
One other factor to consider: if your surgery can wait (medically speaking), you might also look at how many quarters of your higher wages will fall into the base period. If waiting another month would add another full quarter of higher earnings into your calculation, it could make a significant difference in your weekly benefit amount. You can actually estimate your potential weekly benefit amount yourself. Take your highest-paid quarter in the base period, divide by 13 (weeks in a quarter), and multiply by about 0.6-0.7 to get a rough estimate of your weekly benefit.
I went through a similar situation when I needed shoulder surgery last year! The timing strategy really does work if you can swing it medically. I waited about 6 weeks because my higher-paying job wages hadn't fully cycled into the base period yet, and it made about a $200/week difference in my SDI benefits. One tip that helped me: I called EDD (eventually got through using that Claimyr service someone mentioned) and asked them to do a "what if" calculation based on different filing dates. They can actually tell you exactly what your benefit would be if you filed today vs. filing in a month or two. That way you're not guessing. Also, make sure your doctor is on board with any delay and that they'll provide the necessary disability paperwork when you do file. You'll need them to certify that you're unable to work due to your condition. The whole process was way smoother than I expected once I actually got it started. Hope your surgery goes well whenever you decide to schedule it!
btw when u do the interview make sure ur in a quiet place with good reception! My call dropped TWICE during my interview and the lady was super annoyed having to call back. Also have ur work separation info ready (last day, if u were fired/laid off/quit, managers name, etc
After your interview, you should see a decision in your UI Online account within 2-3 business days. If approved, payments typically process within 24-48 hours after the decision. If your claim is denied, you'll receive a Notice of Determination explaining why and how to appeal. About 60% of eligibility interviews result in immediate approval, especially for clear-cut layoff situations.
Jade O'Malley
UPDATE: Finally got through to EDD this morning! The representative confirmed it WAS a system issue. Apparently when my disqualification was overturned, it wasn't fully processed in all their systems. The person who reviewed my case made the change in their case management system, but it didn't properly sync with the payment system. The rep had to manually override the disqualification codes in the payment system and said my payments should process within 48-72 hours. She also said this happens fairly often with manually overturned determinations - the different EDD computer systems don't communicate well with each other. For anyone dealing with something similar, make sure you specifically ask if all systems show the same status for your claim!
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Ella Lewis
•Glad you got it sorted out! Did they give you any kind of confirmation number or reference for the fix? ALWAYS get a confirmation number with EDD - I've had them "fix" things multiple times only to have no record of it later.
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Jade O'Malley
•Yes! I definitely learned that lesson - I got the rep's ID number and a service request number for the manual override. She also said she added detailed notes to my account about what happened and what she did to fix it.
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Bruno Simmons
Wow, what a rollercoaster! I'm so glad you got it resolved. This is exactly why I always screenshot everything with EDD - their systems are so unreliable. Your experience is going to help so many people who run into this same issue. I've been dealing with EDD for years (unfortunately) and the number of times I've seen people panic over system glitches like this is crazy. The fact that you got a service request number is huge - that paper trail will protect you if anything goes wrong again. Thanks for updating us with the resolution!
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