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Can someone in SIMPLE terms explain EDD section 1257a, and what does this mean?
Anonymous6 views1 answers
Backstory, I missed some weekly money on my claim form and called and told them about it two days ago but just recieved this letter in the mail. What exactly does this mean? Does this mean fraud?? Obviously I am going to appeal, but I want to have a laymens explaination of the code. Thanks
The statute says:
1257. An individual is also disqualified for unemployment
compensation benefits if:
(a) He or she willfully, for the purpose of obtaining unemployment
compensation benefits, either made a false statement or
representation, including, but not limited to, using a false name,
false social security number, or other false identification, with
actual knowledge of the falsity thereof, or withheld a material fact
in order to obtain any unemployment compensation benefits under this
division.
Generally, it means a person is disqualified (not eligible) for unemployment benefits if the person intentionally makes a false statement in order to get unemployment benefits.
The California Employment Development Department (EDD) administers California’s unemployment insurance program and evaluates claims for benefits. Often, EDD telephones the claimant and the employer and interviews both. EDD compares their statements and makes a decision based on information received. By the limited nature of the initial process, EDD sometimes makes errors. For this reason, there is an appeal process.
The Notice of Determination stating your claim was denied includes information about the appeal. You MUST file your appeal within 20 days of the date stated in that letter. Do not miss the deadline. In the appeal, make a brief statement long saying why you believe the denial was incorrect. Save your detailed argument and evidence for the hearing. For example: I did not make a false statement.
In a few weeks, you will receive notice of an appeals hearing with the date, time and location. At the hearing, be prepared with as much evidence as possible. You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website.
Home page
http://www.edd.ca.gov/Unemployment/
Eligibility requirements
http://www.edd.ca.gov/unemployment/Eligibility.htm
Summaries of the law (Benefit Determination Guide)
http://www.edd.ca.gov/UIBDG/
Appeals
http://www.edd.ca.gov/Unemployment/FAQ_-_Appeals.htm
Precedent Decisions (law the administrative law judges rely on)
http://www.cuiab.ca.gov/precedent_decisions.shtm
Frequently asked questions
http://www.edd.ca.gov/unemployment/FAQs.htm
Filing a claim for unemployment benefits
http://www.edd.ca.gov/unemployment/Filing_a_Claim.htm
You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you. For training, expect the attorney to need approximately three hours. For hearing representation, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file and there is a possibility you will have to wait for the previous case to finish.
Generally, as of 2013, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on experience, location, attorney availability, attorney interest in the case, complexity of the matter, and more. To find a plaintiffs employment attorney in California, visit the California Employment Lawyers Association (CELA) at www.cela.org. CELA is the largest and most influential bar association in the state for attorneys representing working people. You can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.
Marilynn Mika Spencer
San Diego, CA