EDD backdating claim to January after late filing - will they approve with plant closure proof?
I got laid off when my manufacturing plant shut down on January 5th, but I didn't file for unemployment until April 2nd (almost 3 months later). My husband's income was enough at first, but now we're struggling. I tried working as a sales rep in February on commission-only basis and earned about $2100, but most of it became chargebacks when customers canceled, so I basically made nothing and quit. Now I have an EDD phone interview scheduled next week about backdating my claim to January. The scheduler mentioned I need a 'good cause' reason for the late filing. Does anyone know if EDD considers plant closure documentation sufficient reason? Or will they deny backdating because I waited too long? Really stressing about potentially losing 3 months of benefits I should've been eligible for!
16 comments
Xan Dae
they almsot always say no to backdating unless u can prove u were in the hospital or something really serious happened. they dont care if u didnt know u could file or thought u didnt need the money yet. i tried to backdate 6 weeks and they said no bc i 'should have known' to file right away
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Isaiah Sanders
•That's so frustrating! I have all the paperwork from the plant closure with the exact date. Seems unfair they'd deny me when I have proof I was eligible from day one. Did you appeal their decision?
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Fiona Gallagher
I successfully backdated my claim 8 weeks last year. During your phone interview, focus on these specific points: 1. Document the exact date of the plant closure with any paperwork you received 2. Explain how you attempted other work (the commission job) before realizing you needed UI benefits 3. Emphasize that you didn't understand that attempted work in February wouldn't prevent you from claiming benefits for January The key is demonstrating you made a good faith effort but were genuinely confused about the process. Your situation actually has merit because many people don't realize you can file for UI even when trying other work opportunities. The fact that you have documentation of the plant closure will help substantially.
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Isaiah Sanders
•Thank you so much for this detailed advice! I'll make sure to organize my paperwork before the interview and emphasize the points you mentioned. I truly didn't realize I could file while still trying the commission job, so that's definitely going to be part of my explanation.
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Thais Soares
Did they actually schedule a phone interview already? I've been trying to reach someone about backdating my claim for WEEKS with no luck. Keep getting that stupid "we're experiencing high call volume" message and then it hangs up!!! So frustrating!!
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Nalani Liu
•If you need to get through to EDD quickly, I'd recommend trying Claimyr (claimyr.com). I was in the same boat last month - couldn't get through for two weeks straight. Used their service and got connected to an EDD rep in about 25 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it when you're dealing with time-sensitive issues like backdating where you need to talk to an actual person.
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Axel Bourke
EDD IS THE WORST!!! I got laid off in December and they STILL haven't approved my claim because of some "quarterly wage review" or whatever. Now they're saying I need to verify my identity AGAIN even though I already did the ID.me thing. The whole system is designed to make people give up. Don't expect them to be reasonable about your backdating request - they'll find any excuse to deny it so they don't have to pay you what you deserve. DOCUMENT EVERYTHING and record your phone interview if they allow it!!
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Isaiah Sanders
•I'm sorry you're having such a terrible experience! That's exactly what I'm afraid of. I'll definitely document everything and be super prepared for the interview. Hope your situation gets resolved soon!
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Aidan Percy
Actually, plant closures are specifically mentioned in the EDD guidelines as potentially valid reasons for backdating. The key is whether you can prove you were misled by your employer about filing (like if they told you severance would disqualify you) or if you were genuinely unaware of your eligibility. For the commission work - make sure to clearly explain that you earned $2100 but had chargebacks so your net earnings were minimal. You'll need to report the $2100 as earnings for that period, but you can explain the chargebacks situation during your interview. Be aware that even if they approve backdating, you'll need to certify for all those past weeks, including reporting your commission earnings properly. You might still be eligible for partial benefits for February depending on your weekly benefit amount.
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Fernanda Marquez
•Wait is this true? I thought u could NEVER backdate no matter what. My freind said they rejected her cuz she waited 2 months?
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Fernanda Marquez
i had a similar situation but they only let me backdate 2 weeks not the whole 3 months i asked for. the lady said something about "reasonable effort" to file and said i should have at least tried earlier. maybe ask for like 6 weeks instead of the full time?? might have better chance that way
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Isaiah Sanders
•That's a really good point! Maybe I should be prepared to compromise on the timeframe. Getting some backpay is better than none at all. I'll think about what might be reasonable to request as a fallback option.
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Fiona Gallagher
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.
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Isaiah Sanders
•This is such helpful advice! I hadn't even thought about how saying I "quit" might cause problems. I'll definitely be careful with my wording and will prepare notes for the interview. Thank you for taking the time to share these detailed tips - it's really helping me feel more prepared.
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Xan Dae
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
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Isaiah Sanders
•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.
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