Does anyone know if edd has a duty to notify claimants of interview for eligibility issues discovered at beginning of benefit year yet waited 18 mos after last payment . Subsequently they called and number was disconnected so they made determination to my acct for a staggering 25000$+ filed summary judgment to levy and garnish . I had no idea until I filed for ui recently. Just wondering if I can raise due process violation with superior court …
@Jennifer Bazzano That s'a really tough situation. Generally, EDD is supposed to provide proper notice for interviews and determinations, and due process violations can definitely be challenged in court. The 18-month delay between your last payment and their action does seem problematic. I d'strongly recommend consulting with an employment law attorney who handles EDD cases - many offer free consultations and can advise if you have grounds for a due process challenge. You might also want to contact your local legal aid society for help. Don t'ignore this - overpayment determinations can often be appealed or negotiated down, especially if proper procedures weren t'followed.
Jennifer Bazzano
Does anyone know if edd has a duty to notify claimants of interview for eligibility issues discovered at beginning of benefit year yet waited 18 mos after last payment . Subsequently they called and number was disconnected so they made determination to my acct for a staggering 25000$+ filed summary judgment to levy and garnish . I had no idea until I filed for ui recently. Just wondering if I can raise due process violation with superior court …
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Kristin Frank
•@Jennifer Bazzano That s'a really tough situation. Generally, EDD is supposed to provide proper notice for interviews and determinations, and due process violations can definitely be challenged in court. The 18-month delay between your last payment and their action does seem problematic. I d'strongly recommend consulting with an employment law attorney who handles EDD cases - many offer free consultations and can advise if you have grounds for a due process challenge. You might also want to contact your local legal aid society for help. Don t'ignore this - overpayment determinations can often be appealed or negotiated down, especially if proper procedures weren t'followed.
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