Legal Question in Employment Law in California
I reside in Los Angeles,CA and I would like to ask a question regarding being denied for a 2nd extension for Unemployemnt Insurance (UI) benefits.
On January 27th, 2010 I appeared in court to submit my appeal regarding the discontinuation of my UI benefits. I explained to Judge Cooke that during the months of December 14th,2008-December 12th,2009 I was unable to find employment although I sought work weekly. I had several interviews, however I did not receive the jobs I interviewed for.
According to the FINDINS OF FACT- (On the NOTICE OF DETERMINATION OF INVALID CLAIN, SECTION 1277) I am ineligible for a 2nd UI extension because I did not earn any money during (December 14th,2008-December 12th,2009) the time I received UI benefits.
However, according to the EDD website as of February 18th,2010, the US Congress has extended Federal Unemployment up to four Extensions and I have only received 1 extension and 1week for a 2nd extension. I am submitting the document to request a full 2nd extension. On 2/17/10 I received a document from EDD stating that "the maximum benefit amount available to me for the 2nd extension was ONLY $290." However, in bold there is another statement on the form that says "AFTER YOU RECEIVE THESE BENEFITS YOUR NEXT FEDERAL EXTENSION WILL BE MAILLED TO YOU IF YOU QUALIFY, YOU WILL RECEIVE NOTIFICATION AND ADDITIONAL CLAIM FORMS."
I believe I meet the requirements to be eligible for up to 4 extensions because I have (1) NOT received 26 wks of UI benefits and (2) I seek employment weekly (I BELIEVE I MEET BOTH REQUIREMENTS STATED BY EDD TO RECEIVE a 2nd Unemployment Insurance extension).
I have to mail an appeal letter stating why I believe I qualify for a 2 of 4 UI extension by this Monday 2/22 & I would apprecaiate any input you can give. [THE ABOVE INFORMATION IS WHAT I WAS PLAN ON SUBMITTING IN LETTER FORM]!
Thank you in advance,
1 Answer from Attorneys
Whatever you claim as facts and arguments in support, your remedy is to timely file an appeal and try to convince the hearing officer. You have the right to hire an attorney to represent you at the hearing. If you can find one who agrees you have a valid claim worth spending the fees on, then do so. Your issue to consider is the cost of counsel vs the upside potential if you win the appeal. You should assume about 3+ attorney billable hours minimum, and factor in travel and prep time.
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