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Has anyone actually beat one of these school employee overpayment cases? I'm scared OP is going to end up having to repay no matter what they do. The system is so rigged against school workers!
Yes, I've seen successful cases, especially for true substitutes with variable hours. The key is documenting that you don't have reasonable assurance of work. If you can show your work history has gaps and inconsistent hours even during normal school periods, you have a stronger case that you had no guarantee of work after breaks.
One more important thing: many substitute teachers don't realize that EDD distinguishes between different types of substitutes. If you're on a preferred substitute list or have been working regularly before breaks, EDD might consider that "reasonable assurance" even without a formal guarantee. What helps your case is if you can show that: 1. You actively sought work during non-break periods but still had weeks with little or no work 2. You weren't on any preferred list or didn't have priority status 3. You had to compete with other substitutes for assignments with no guarantee Include this information with your response to make it clear you truly didn't have reasonable assurance of work after the breaks. This is the legal distinction that matters for your case.
Make sure you KEEP CERTIFYING every 2 weeks even while this is getting fixed!!! If you don't certify they won't backpay you for those weeks even after they fix your benefit amount!!! Learned this the hard way and lost 3 weeks of payments!!!
Just to share what happened in my case - after the wage investigation was complete, my benefit amount went from $0 to $450/week. They did backpay all the weeks I had certified during the investigation period, and it all came in one big deposit about 2 days after the investigation concluded.
One more important thing - during your phone interview, be very careful about how you describe your commission work. If you say you "quit" that could trigger a separate eligibility review for voluntary quit. Instead, explain that "the position ended" because it wasn't financially viable due to the chargebacks. Also, remind them that this attempted work was AFTER your initial qualifying event (the plant closure in January). And remember to stay calm and professional during the interview even if the interviewer seems skeptical. Write down all your key points beforehand so you don't forget anything important when you're nervous.
btw did u certify for all those weeks already or r u waiting for them to let u backdate first? u should check ur ui online account and see if theres any weeks u can certify for already
I can't see any certify options for those earlier weeks in my UI Online account. It only shows certification available starting from when I filed in April. I think that's why I need the backdating approved first - so those earlier weeks become available to certify. At least that's my understanding of how it works.
Great news that you got your online application submitted! Keep that confirmation number safe - it's your proof that the claim exists. Regarding your comment about mentioning the paper application - don't stress too much. While the previous commenter is right that it *can* flag your account for review, it doesn't always happen. The most important thing is that you have a claim in the system now. The next step is likely certification. Once your claim is processed, you'll need to certify for benefits every two weeks through UI Online. Make sure you answer the work search questions accurately - this is where many people run into issues. The current requirement is to make at least 3 work search activities per week.
Thank you! I'm feeling a bit more hopeful now. I've already set a calendar reminder to check for certification every Sunday just to be safe. Quick question - since my original claim would have been from almost a month ago, can I still get benefits for those weeks if this new online claim is approved? Or am I just out those weeks of potential benefits?
You can absolutely request that your claim be backdated to when you first became unemployed (when you sent in the paper application). However, you'll need to call and speak to a representative to explain the situation and request backdating. When you do connect with someone, be prepared with the exact date you mailed your original application and your last day of work. After your current claim is processed and shows in the system, request backdating by calling or using the Contact EDD feature in your UI Online account. Look for the option about claim date issues. Backdated weeks will appear in your UI Online account once approved, and you'll need to certify for those weeks as well.
Grace Thomas
I'll add one more important tip that saved me a ton of headache. When creating your new account, make sure your name EXACTLY matches your Social Security card - including middle names/initials. The system will automatically verify against SSA records and if there's any mismatch (even a middle initial), you'll get locked into identity verification loops that are a nightmare to resolve. Also, write down your login info immediately and store it somewhere safe! I even emailed myself a copy of my username (not password) so I could search for it if needed years later.
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Marcus Williams
•That's really helpful advice! I wouldn't have thought about the exact name matching. I usually use my nickname on forms but I'll make sure to use my full legal name exactly as it appears on my SS card. And definitely will be saving my login info this time around.
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Wesley Hallow
One last update - if you do visit an AJCC location, call them first to check their hours and if you need an appointment. Some locations are appointment-only now, and most close early (around 4:00-4:30pm). The Irvine location's number is (949) 341-8000 and Anaheim is (714) 518-2315. After you create your new account, if you still have issues, remember that the EDD phone line (1-800-300-5616) has better staffing Tuesday through Thursday, typically.
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Marcus Williams
•Thank you so much for the phone numbers and the tip about Tuesday-Thursday being better days to call! I'll definitely try those days if I need to call. I'm going to try setting up the new account tonight and hope for the best.
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