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To clarify the legal aspects here: you need to appeal the determination notice within 30 days. Once appealed, you'll eventually have a hearing with an Administrative Law Judge. For your specific situation, you need to focus on California UI Code 1253.3(b) which covers school employees. The key is proving you did NOT have "reasonable assurance" of returning to work in the same capacity. For your appeal and hearing preparation: 1. Gather any district communications showing uncertainty about reopening 2. Document any changes in your position, hours, or pay when schools eventually reopened 3. Get statements from supervisors if possible about the uncertainty during that period 4. Prepare a timeline showing how the COVID closure was different from normal breaks 5. Research any Department of Labor or EDD guidance specific to COVID school closures Finally, even if you lose the appeal, you can request a waiver of overpayment if repayment would cause financial hardship. You would need to complete DE 1446W form for that process.
As someone who went through a similar situation with EDD, I want to emphasize what others have said - file that appeal IMMEDIATELY! Don't wait even one more day. The 30-day clock is ticking from when that determination notice was mailed. I'm a substitute teacher and faced the same "reasonable assurance" issue during COVID. What saved me was keeping detailed records of every communication from my district during that chaotic period. Look for emails where they used words like "tentative," "uncertain," "pending," or "subject to change" - these show there was NO reasonable assurance. Also, when schools did eventually reopen, did you return to the exact same position with the same hours and pay? If anything changed (fewer hours, different role, etc.), that's more evidence you didn't have reasonable assurance of returning to your specific job. One tip - when you file your appeal, be very specific about dates and include copies of any documentation you have. The more concrete evidence you can provide, the better your chances. Good luck - you can beat this!
Thank you so much for this advice! I'm filing the appeal today - you're absolutely right about not waiting. I actually did return to fewer hours when schools reopened, and my role was slightly different too. I never thought about how that proves there wasn't reasonable assurance of returning to the SAME position. This is really helpful evidence I can use. I'm feeling much more confident about fighting this now that I understand what specific documentation to look for.
I've been dealing with the same logout issue! What finally worked for me was using the "Sign Out" link at the very bottom of the page - it's in tiny text in the footer. The dropdown menu logout wasn't working for me either, but that footer link did the trick. Hope this helps!
I had the exact same problem last week! The regular logout button wasn't working at all. What ended up working for me was completely closing my browser and reopening it - seems like there was some kind of session bug. Also, make sure you're not using any browser extensions that might be interfering with the site's functionality. The EDD website is notoriously finicky with ad blockers and privacy extensions.
Yes! After trying the regular EDD number for two days and getting nowhere, we tried the fraud-specific number and actually got through! They took all our information and said they're flagging the account for investigation. They said we should receive a corrected 1099-G in 4-6 weeks and we've already filed for our tax extension. We're also working with a CPA now to make sure we handle this correctly. Thanks for all the help everyone!
So glad you were able to get through to someone at EDD! That's honestly the hardest part of this whole process. The 4-6 week timeline sounds about right from what I've seen. Make sure to keep detailed records of all your communications with EDD - dates, times, reference numbers, names of who you spoke with. This documentation will be crucial if there are any delays or issues with the corrected 1099-G. Also, don't forget to monitor your credit reports regularly over the next few months since identity thieves often try multiple types of fraud once they have someone's personal information. You're handling this exactly right by getting professional tax help and filing the extension. Best of luck with the resolution!
Great advice about keeping detailed records! I'd also suggest taking screenshots of your UI Online account showing no payment history, since that's additional evidence that you never received the benefits. It might help speed up the investigation process. Also, once you get the corrected 1099-G, double-check that it shows $0 for unemployment compensation - sometimes they make errors on the corrections too. You're doing everything right by staying on top of this!
To actually answer your original question directly - no, there's no way to have them hold payments until a final eligibility determination. The system isn't designed that way. Your options are basically: 1. Continue certifying and receiving payments, but set aside the money until after your interview 2. Stop certifying entirely (not recommended as it could affect your claim) 3. Withdraw your claim completely (definitely not recommended unless you're certain you're ineligible) The first option is what most people do. Just be prepared for the possibility of repayment if found ineligible.
Just wanted to add another perspective here - I went through this exact situation last year and ended up being found eligible after my interview, even though my employer contested it. The key thing that helped me was keeping detailed records of everything. I saved all my UI Online screenshots showing the payments and the "determination pending" messages, plus I documented every conversation I had with EDD representatives. Even though it's stressful waiting with that money sitting there, try to remember that EDD's system is actually designed to help claimants by providing benefits during the investigation period. Most people who get laid off (vs fired for cause) do end up being found eligible. Just make sure you have your story straight and all your documentation ready for when they call. The interview really isn't as bad as it seems!
Keisha Johnson
Does anyone know if backdating affects your weekly benefit amount? I'm worried if I backdate, they might recalculate and give me less 😬
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Paolo Rizzo
•From what I understand, it shouldn't change your WBA. That's based on your earnings during the base period. But I'm not 100% sure, might wanna double check
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Cheryl Humber
•@Keisha Johnson yes it can and you can end up owing edd
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Giovanni Mancini
I actually went through the backdating process successfully about 6 months ago! Here's what worked for me: I had to backdate because I didn't realize I was eligible after being laid off (thought I had to wait longer). I called the EDD number every day at 8am sharp for like 2 weeks straight until I got through. The rep was actually really helpful and walked me through filling out the backdating request form. The key is having solid documentation - I had my layoff letter, emails showing I was looking for work during that period, and a letter from my doctor about some health issues that delayed me from filing initially. It took about 6 weeks to get approved, but I got all the back payments in one lump sum. Don't give up @Carmen Ortiz - it's definitely doable if you have legitimate reasons and stay persistent! 💪
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Justin Trejo
•This is super helpful! Thanks for sharing your experience @Giovanni Mancini. I'm dealing with a similar situation - got laid off but didn't know I could file right away. How detailed did you have to be in explaining your reasons? And did they ask for any additional proof after you submitted the initial form?
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