Appeal of case 1180758 and 1180759
I'll start with a chronology of events from the start of
claims.
December 2001 – Employment with eHotel INC ceases, claim
with EDD filed on 12-8-01, benefits start shortly
after.
December 2002 – initial benefits expire, extension is
applied.
Around June 2002 – receive form from EDD requesting that
I prove my social security number is mine. I am
instructed to respond within 10 days.
The next day – visited EDD office in Oakdale, CA. At
10am. Staff there informs me that my drivers license,
social security card, and passport are not proof of my
social security number, and I will need to go over to
the social security office and get another form there.
That same day – called social security office. Aparantly
I would need to get an appointment to see a someone
there. The earliest time available for appointment was
outside of the 10 day requirement. The request form
states that failure to respond in a timely manner will
result in my being ineligible for future benefits. So
I stop perusing the request as I don't feel I can
respond within the 10 days.
Around August 2002 – moved form milpitas, CA to Oakdale,
CA.
Sptember 18, 2003 – Notice of overpayment arrives at
milpitas address, stating that I need to appeal within
20 days.
Late October 2003 – received notice delivered to
Milpitas. Received notice after 20 day time deadline.
Several times in October/November – Called EDD over
phone, resulted in being told several times that I was
to pay requested amount of $4290. Discovered after
some research I should file appeal.
November 26 2003 – file appeal with EDD.
January 27 2004 – notice of hearing on February 20th
received.
February 20 2004 – attended appeal
February 28 2004 – receive denial letter on appeal of
case 1180758 and 1180759
In reference to case 1180758:
The two issues listed to be considered were:
LATE1 Was the appeal filed within 20 days. If not, was
there good cause?
1253(a) Does the claim for benefits comply with
regulations.
LATE1 – I did not file for the appeal within 20 days, as
I did not receive the appeal until after the 20 day
period. After recieveal of the appeal, phone calls
started. A appeal was filed after a few routes had
been pursued.
1253(a) – regulation 1253(a) is listed as an amendment to
title 22 of the EDD. 1253(a) is listed as
“UNEMPLOYMENT INSURANCE IDENTITY VERIFICATION”
After receiving of the notice of overpayment, I did
get the needed letter from the Social Security office.
It is listed in evidence in the February 2004 appeal
hearing. In short I believe I fulfilled the
regulations in proving my identity. My claim does
comply with regulations as I have proven my identity
to EDD on this occasion in question, and on the filing
of claim for benefits.
In reference to case 1180759:
Two issues were listed in this case
LATE1 - Was the appeal filed within 20 days. If not, was
there good cause?
1375 – Was the claimant overpaid benifits. Is the
claimant liable for repayment.
LATE1 – As there was only one appeal filed in these
cases, I have to surmise that this is relating to the
LATE1 issue in case # 1180758. Please see the LATE1
issue in the previous section.
1375 – I was never overpaid benefits, as I only received
what benefits I had been made entitled to by the
initial claim to benefits, along with it's extension.
I am then not liable for repayment as I was not
overpaid.
In conclusion.
I did have good cause to file the appeal late, as I did
not receive the overpayment form within the 20 day
time period, due to a change of address. So it was not
possible for me to file the form within the 20 day
time window.
Also, I was always eligible for the benefits paid to me,
at no point did I accept an overpayment. I am not
liable for repayment, as I have not received and
benefit that I was not entitled to.