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Just to clarify something important: the previous advice about benefit years is mostly correct, but there's a key distinction to understand. If your previous benefit year has ended but you still have a balance, they should start you on a new claim with a new benefit amount based on your recent wages. If your previous benefit year hasn't ended yet (even if the balance is exhausted), they typically keep you on that claim year. However, there's an exception: if you've earned enough wages since filing your previous claim to establish a new claim, AND your benefit amount would be at least $25 more per week than your old claim, you can request what's called a "Section 1275 Determination" where they evaluate if you qualify to establish a new claim before the old benefit year ends. This requires speaking with a tier 2 specialist, not just any representative.
Wow, I had no idea about the Section 1275 option! That sounds exactly like what I need. My new claim would definitely be at least $25 higher (it should be $328 higher based on my recent income). So I need to specifically ask for a Section 1275 Determination when I finally reach someone? Is there any specific documentation I should have ready?
Exactly - you need to specifically mention "Section 1275 Determination" when you speak with a rep. Have your recent pay stubs or proof of earnings ready to verify your wages since your last claim began. They'll need to calculate if you've earned enough qualifying wages in the quarters since your previous claim started. Make sure you speak with a tier 2 specialist - regular reps often don't know about this provision.
Update for anyone following this thread and having similar issues: EDD just announced they're having system-wide problems with claim transitions right now. Their latest website update says they're aware of payment amount discrepancies between new claims and continuing claims. They claim they're working on a fix, but as usual, no timeline given. The frustrating part is they're still telling people to call the regular number if they have issues, even though nobody can get through.
Thanks for this update! At least it confirms it's a known issue affecting multiple people. I was finally able to get through to an EDD representative yesterday using the callback service someone mentioned above. The rep acknowledged the problem and said they would escalate my case to a specialist who can perform the Section 1275 Determination. They said I should see the correct payment amount within 5-7 business days. I'll post another update once I know if it's resolved!
my neighbor is helping me with my edd case and she said bay area legal aid hass free workshops for people who filing appeals. they show you how to prepare evidence and stuff. might be worth checking if they have one before your deadline.
That's really helpful, thank you! I'm not in the Bay Area but I'll check if there's something similar in my region. How is your case going?
Make sure you understand the difference between an ALJ hearing and a second-level appeal to the CUIAB Board. If you lose at the ALJ level, you can still appeal to the Board, which is why documentation is crucial. They'll review the record from your hearing but typically don't accept new evidence. For legal resources, try: 1. Center for Workers' Rights - They do free consultations for EDD cases 2. Legal Aid at Work - Their Workers' Rights Clinic can help with appeals 3. Your county's bar association - Many offer low-cost consultations with employment attorneys If you absolutely can't find affordable representation, at minimum have someone review your appeal statement before you submit it. The specific wording is extremely important.
Thank you for the detailed information! I'm writing down all these resources. I didn't realize there were two levels of appeals - that's actually somewhat reassuring. Has anyone here gone through a second-level appeal? What was your experience like?
anybody know if its the same for pua claims? my mom has some weeks she never certified for from december but her claim ended in march
@OP - Did you get your payment situation sorted out? I'm curious what happened with those pending certifications from January. Did they actually process and pay them?
Yes! Finally got everything sorted. The pending payments stayed stuck for 2 weeks, but I managed to get through to EDD using that Claimyr service someone mentioned. The rep explained that the system flagged the certifications as suspicious because they were done on the very last day of my benefit year. Had to answer some additional questions about why I delayed, but they released the payments after reviewing my case. Received everything yesterday! So relieved - it was about $2,400 I really needed.
Just wanted to add - if your interview doesn't go well and you get denied, don't give up! The appeal process actually has a pretty good success rate. Almost 50% of appeals get reversed in the claimant's favor. Just make sure you request the appeal within the 30-day window.
UPDATE: I had my eligibility interview yesterday. The interviewer was actually really thorough and let me explain everything. They asked for specific dates and details about my leave request and termination. I provided the email where I requested the extension and my termination letter. They said they'd be contacting my employer for follow-up and I should receive a determination in 7-10 days. My attorney prepped me well for the questions. Fingers crossed! Thank you all for the advice and support.
Genevieve Cavalier
did u try rebooting ur computer lol
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Zane Hernandez
•Yes 🙄 Even tried on my phone and my roommate's laptop too. Same error message everywhere.
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Riya Sharma
Any update? Were you able to get through to EDD and resolve this?
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Zane Hernandez
•Yes! Finally got it fixed yesterday. I used that Claimyr service someone mentioned and got through to EDD in about 30 mins. Turns out my account got flagged for "unusual activity" right after my interview (no idea why). The rep reset everything while I was on the phone and I can log in now. My claim was approved too! Such a relief after all that stress.
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