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Ella rollingthunder87

What law provided for unemployment compensation and insurance for people who were elderly? California EDD explained

So I've been going down a rabbit hole trying to understand the history behind unemployment benefits, specifically because my father-in-law is 68 and recently got laid off from his warehouse job after 12 years there. He's been told all kinds of conflicting things about whether age affects his California EDD claim, whether Social Security changes anything, whether he even qualifies at all. I'm trying to help him figure this out and I realized I don't even understand the basic legal foundation here. What law provided for unemployment compensation and insurance for people who were elderly? And more practically, does California EDD treat older workers any differently when they file? His last quarter wages were around $6,800 so I'm assuming he'd qualify on earnings alone but the age piece is really confusing everyone in our family.

The Social Security Act of 1935 is the law you're looking for - that's the federal legislation that created the unemployment insurance system in the United States, and it also established the old-age benefits program in the same piece of legislation. Roosevelt signed it during the Depression to address both unemployment and poverty among older Americans at the same time. The key thing for your father-in-law right now though is that California EDD doesn't have an age cutoff for unemployment benefits. A 68-year-old laid off after 12 years absolutely can file, and the earnings you mentioned - $6,800 in one quarter - should be more than enough to establish a valid claim since you need at least $1,300 in a single quarter to qualify. His age doesn't disqualify him and his Social Security benefits don't get subtracted from his weekly unemployment amount either, which surprises a lot of people.

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Wait, Social Security doesn't reduce his unemployment at all? I was absolutely certain it would because they're both government benefit programs. That's genuinely a relief to know.

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Pensions from a former employer can reduce benefits though, so if he has any kind of company retirement plan from that warehouse job paying out, that's worth asking EDD about directly. Social Security is specifically exempt from affecting the unemployment payment but pensions aren't treated the same way.

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The pension point above is accurate - EDD decides how a pension affects a payment, and it depends on factors specific to each claim. Social Security is definitely the exception where it doesn't get counted.

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Retired from my government job at 64 and then took part-time warehouse work for a few years before that company downsized. When I filed with California EDD at 66 nobody mentioned age once during the whole process. The DE 429Z came in the mail showing my weekly benefit amount based purely on what I'd earned, not how old I was. Your father-in-law should apply through myEDD at https://myedd.edd.ca.gov/ as soon as possible because the claim starts from the Sunday of the week he applies, not from when he lost the job.

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He's been waiting almost two weeks thinking he needed to gather more documents first. So those two weeks are just gone?

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Yeah unfortunately the start date is tied to when you actually apply, not your last day of work. File today, gather documents after - EDD gives you time to provide anything missing.

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Same thing happened to my uncle, he waited like three weeks before filing and lost all that time. Apply first, sort out the paperwork while it's processing.

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Twelve years at that warehouse job and EDD has been completely unreachable by phone about whether his prior pension from a totally different employer counts against him. Tried calling 1-800-300-5616 for four days straight, kept hitting the high-volume message and getting disconnected. Eventually used Claimyr (claimyr.com) to get through - it holds the phone line with EDD while I do other things, and I ended up talking to a live agent about my own pension situation. The agent pulled up my claim and told me which weeks were showing as pending and that they needed my DE 429Z information confirmed before anything could move forward. Here's their video about reaching a live person at EDD by phone: https://youtu.be/JmuwXR7HA10

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Four days of disconnections sounds like a nightmare. Did the agent actually give you useful information once you got through or was it still vague?

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They were actually specific - told me exactly which weeks were flagged and what documentation they were waiting on. Much better than staring at Pending in UI Online with no explanation.

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The pension question is genuinely tricky because EDD's answer varies by situation. Getting an actual agent on the line to look at the specific claim is the right move rather than relying on general forum answers.

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There's some confusion in this thread worth clearing up about the 1935 Act. That legislation set up the framework but states run their own unemployment programs under it. So California EDD operates under California's Unemployment Insurance Code, which is the state law that actually governs your father-in-law's claim. The federal law created the structure, California built its own system within that. For practical purposes this means the rules you read on edd.ca.gov are the ones that matter for his specific claim.

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So when people ask what law provided for unemployment compensation, the full answer is both the federal Social Security Act AND the state-level implementation?

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Exactly right. Federal law required states to set up systems, California enacted its own code, and EDD administers it. His claim lives entirely within California's rules.

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This is actually useful context because I've seen people get confused when they look up federal unemployment rules and then find California does things differently, especially with benefit amounts and the base period calculations.

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YOUR FATHER IN LAW SHOULD ALSO REGISTER IN CALJOBS. I know that sounds like extra bureaucracy on top of everything but after EDD sends the Notice of Requirement to Register for Work (the DE 8405), there's a 21-day window to get a CalJOBS profile set up with a resume posted. Missing that deadline can stop payments cold. I learned this the hard way when my payments just stopped with zero explanation and I finally figured out it was the CalJOBS registration I hadn't done.

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Does the age thing affect whether CalJOBS registration is required? Like does EDD ever waive it for older workers?

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EDD decides on a case by case basis whether someone needs to register in CalJOBS - the DE 8405 only goes to people who are required to do it, so if he doesn't get that notice he doesn't need to worry about it.

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Good point - I assumed everyone had to but apparently EDD can exempt certain claimants. Watch for that DE 8405 in the mail and act fast if it shows up.

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Filing online through myEDD really is the fastest path here. Have his Social Security number ready, his driver's license or state ID number, the warehouse company's full legal name and address, his exact last day of work, and documentation of every employer he worked for in roughly the last year and a half. The layoff circumstance matters too - since he was laid off rather than quitting or getting fired, he shouldn't need a phone interview to establish why he lost the job, which simplifies things considerably.

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He worked a small side gig driving for a food delivery service occasionally during those 12 years. Does that need to be listed?

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Any employer he worked for in the last 18 months should be listed on the application. The delivery platform counts - include it with whatever earnings he made there.

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The 18-month window catches people off guard. It's not just the last job, it's everyone you worked for going back through the base period they use to calculate the benefit amount.

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My grandmother filed at 71 and nobody at EDD batted an eye at her age. She'd been working part-time retail for years and got cut when the store closed. Got approved, received her DE 429Z, certified every two weeks through UI Online without any age-related problems. The system really doesn't treat older claimants differently in my experience.

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That's genuinely reassuring to hear from someone whose family member actually went through it at an older age.

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Retail store closures have been brutal. Hope she landed somewhere okay after the benefits ran out.

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Something I want to flag about the base period calculation - wages from the last 18 months don't all count the same way. EDD looks at specific calendar quarters to figure out the weekly benefit amount. The standard base period is the first four of the last five completed quarters before the claim starts, not just the most recent earnings. So if his wages were higher a year ago than recently, that could actually work in his favor or against him depending on when those quarters fall.

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His hours were cut a bit in the last few months before the layoff so his most recent quarter was lower. Does that mean the base period calculation might pull from earlier higher-earning quarters?

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Probably yes - the standard base period typically skips the most recent quarter anyway, so earlier quarters with higher earnings might actually be what gets counted.

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Worth clarifying here: EDD uses the standard base period by default, and only switches to the alternate base period (the four most recent completed quarters) if the standard period doesn't generate a valid claim at all. It's not something a claimant picks to get a higher payment.

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The waiting week question comes up a lot with older workers who don't realize it exists. Every new California EDD claim has one unpaid week at the start - the first week certified is a waiting week that gets served but doesn't pay out. The second week is the first actual payment. It doesn't take anything away from the total a claim can pay, it just means the first check covers only one week even though the first certification is for two weeks.

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So his first certification will cover two weeks but only one week pays? That would explain why the first payment seems smaller than expected.

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Exactly - first cert usually covers the waiting week plus the first paid week, so the payment is roughly half what the ongoing biweekly payments will be.

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Nobody explained this to me when I filed and I thought EDD had made an error. Spent way too long trying to figure out why the first amount was different before someone finally explained the waiting week.

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Since the warehouse job was 12 years, there might be severance involved. Worth knowing that California EDD treats severance differently than wages - if it's paid under a company plan or policy it doesn't delay or block filing, so he can apply right away regardless of whether a severance package is involved. He still reports it when certifying because EDD asks, but it doesn't disqualify him or push back his start date the way some people assume it does.

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They did offer a small severance package, about two weeks of pay. So he can still file now and just report that amount when it comes up during certification?

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That's the approach - file now, report the severance pay when certifying for the weeks it covers as the certification form asks. EDD decides how it factors in.

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Vacation pay and holiday pay from the job separation also need to be reported the same way. If they paid out any unused vacation time, that goes in too.

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The historical question is interesting because the Social Security Act of 1935 bundled together what were actually pretty different programs - unemployment insurance, old-age insurance, and grants for state public assistance programs. They got combined in one law partly for political reasons, to make sure neither program could be killed off without taking the other down too. For your father-in-law's situation today it means the same legal framework that created his Social Security entitlement also created the unemployment system he's now filing under.

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I hadn't thought about it that way - the same legislation covers both things he's currently receiving or about to receive.

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Right, and California's implementation of the unemployment piece is what actually governs his claim day to day, but the federal architecture from 1935 is why the system exists at all.

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been through this with my dad last year, 71 years old, got laid off from logistics. whole family freaked out thinking he couldnt collect because of his age or social security. filed online, got his DE 429Z showing $310 a week, certified every two weeks, no issues. the system doesnt care how old you are, only how much you earned in the base period

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$310 a week from logistics work is roughly in line with what I'd expect for my father-in-law based on his earnings. That's helpful as a comparison point.

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Just to reinforce the CalJOBS point from earlier - did your dad get a DE 8405 requiring him to register? Curious whether EDD sent that to older claimants or waived it.

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he didnt get one actually. must have been waived for his situation. EDD never mentioned CalJOBS to him at any point.

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Tried to call EDD myself this week about a totally different issue with my own pending weeks and got the high volume recording four times before 9am. The live chat through the Help button in UI Online worked for me eventually - logged in around 9:15 on a Tuesday and got an agent in maybe 20 minutes. Might be worth trying that route for specific questions rather than fighting the phone system.

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The live chat is available through UI Online? I didn't know that existed. What hours does it run?

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Monday through Friday, 9am to 2pm from what I saw. You have to be logged into your UI Online account to access it through the Help button.

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Chat and phone are both good options. For something complex like a pension question affecting payment calculations, I'd lean toward the phone since agents can pull up more of the claim detail, but chat works for simpler status questions.

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EDD identity verification through ID.me trips up a lot of older claimants who aren't used to the photo-based online verification process. After applying online they'll need to create an ID.me account, take a photo of their ID, and allow that to be shared with EDD. If that step doesn't go smoothly, EDD sends a Request for Identity Verification letter (the DE 1326C) in the mail. Just flagging it because I've seen older family members get stuck on that step and not realize it's holding up their whole claim.

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He's pretty comfortable with his smartphone but the ID.me process sounds like it could be frustrating. Is there an alternative if the photo verification doesn't work?

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If ID.me doesn't work out, the DE 1326C comes by mail and gives instructions for other verification options. EDD can also sometimes verify identity if you get through on the phone.

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Someone who applied by phone rather than online gets the DE 1326C automatically as the standard path. Online applicants go through ID.me first, paper letter is the fallback.

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DE 429Z arrived in the mail about two and a half weeks after I filed. That's the document that shows the weekly benefit amount and the maximum total the claim can pay. For anyone expecting an approval letter - EDD doesn't actually send one. The DE 429Z shows what the claim could pay, then payments either process or they don't based on eligibility decisions. First payment showed up in my UI Online account a few days after I certified.

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So there's no moment where EDD says officially 'you're approved' - you just start seeing payments come through?

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Pretty much. If EDD decides there's an issue with eligibility, they'd send a Notice of Determination. Otherwise you just see payments process after certifying.

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The absence of a formal approval notification confuses so many people. No news combined with payments coming through is functionally how approval looks.

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Certifying every two weeks is the ongoing requirement people sometimes forget about once the initial stress of filing is over. UI Online is the fastest way, Tele-Cert at 1-866-333-4606 works too. If your father-in-law misses a certification period it doesn't end the claim but it does mean those weeks go unpaid. The certification questions ask about work and earnings for each week, and any part-time work he does during the claim gets reported then.

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He's considering picking up some light part-time work while he looks for something permanent. Does any part-time income wipe out the weekly benefit?

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Part-time earnings get reported and EDD has a formula - the first $25 or 25 percent of gross earnings for the week (whichever is bigger) doesn't count, and the rest comes off the weekly benefit. So some part-time work is usually still worth doing financially.

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Full-time work in any given week does end eligibility for that week entirely regardless of what it pays. Part-time work uses that earnings formula. The distinction matters.

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my own claim had a pending issue for weeks related to a pension from a previous job, nothing to do with age either. what finally got it moving was getting through to EDD by phone. i used claimyr.com and got to talk to an actual EDD agent - they found that my pension paperwork hadn't been fully processed on their end and walked me through what was still outstanding on the claim

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Pension documentation causing a pending delay is exactly what I'm worried about with his situation. Good to know that an agent can actually see what's missing.

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The agent was specific about which document was holding things up, which the UI Online Claim History screen never told me. Gave me a clear next step instead of just staring at Pending.

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Work search requirements during the claim are worth preparing for. While collecting California EDD unemployment, he needs to be genuinely able to work, available to take a job, and actively looking. EDD doesn't publish a specific number of contacts required per week. If he has any physical limitations from the warehouse work, those can't prevent him from being available for some type of work without affecting eligibility - the standard is that he's available for work in his field or a related one.

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He has some knee issues from years of warehouse work. As long as he can do some type of work he's not disqualified from claiming?

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The requirement is being able and available for work generally, not specifically the same warehouse job. Some physical limitation that rules out warehouse work but not office or other lighter work wouldn't necessarily disqualify him, but EDD makes that determination.

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If his condition made him completely unable to work any job, that's when California Disability Insurance becomes the relevant program rather than unemployment - they can't both pay at the same time.

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Appeal rights are worth knowing about upfront even if nobody expects to need them. If EDD sends a Notice of Determination saying something is denied or disqualified, the Appeal Form DE 1000M comes with it. He'd have 30 calendar days from the mailing date on that notice to appeal in writing. At 68 with 12 years at one employer, a wrongful denial would absolutely be worth appealing given the earnings involved.

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30 days goes fast. I'll make sure he knows to call me immediately if any notice arrives that looks like a denial.

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The mailing date specifically starts the clock, not when it arrives in the mailbox. Worth noting because mail can take a few days.

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Keep certifying even if something gets denied and an appeal is filed. EDD can only pay back weeks that were certified - if certifications stop during an appeal those weeks are lost.

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base period for someone filing right now in late 2026 would look back at calendar quarters from roughly 2025 and earlier 2026. if his warehouse wages were consistent over those 12 years he probably has strong quarters to work from. the unemployment benefit calculator on edd.ca.gov can give a rough estimate of weekly amount before the actual DE 429Z arrives, which is useful for budgeting while the application is being processed

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Using the calculator to estimate while waiting for the DE 429Z is a smart move - at least gives a ballpark for the bills.

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Exactly - nothing is official until the DE 429Z, but the calculator uses the same wage formula so it's usually pretty close.

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EDD agent I spoke with on my own claim told me the exact weekly amount showing on my record, which matched what the online calculator had estimated. Good to know the tool is reliable.

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Last thing to reinforce after reading through this whole thread: age is simply not a factor in California EDD's eligibility determination. The Social Security Act of 1935 established both unemployment insurance and old-age benefits as separate programs, and California built its own unemployment system under that federal framework. Your father-in-law's claim gets evaluated on his wages, his reason for separation, and his ongoing availability for work. The 68 years on his driver's license don't appear anywhere in EDD's eligibility calculation.

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After everything in this thread I feel genuinely equipped to help him file. Thank you to everyone who took time to explain both the history and the practical steps.

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The historical context actually matters for understanding why the system works the way it does. Same 1935 Act, same legal lineage, applied to everyone regardless of age.

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Good luck to your father-in-law. Getting that first certification in and watching the payment process is a real relief after all the initial paperwork stress.

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