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New to the forum so please bare with me. Anyways, I was on SDI extension for postpartum depression from 3/28-5/26/20. I lost my job on 4/8 due to COVID-19 and company having to downsize. On 5/17 I submitted my UI claim online as I was feeling able to work and start work and nervous about being unemployed and off disability. I had read the eligibility FAQ regarding transitioning from SDI to UI and with that information I was confident in making my decision to apply for UI. I put that I was paid in May for SDI benefits and I registered and uploaded my resume on CalJobs and started to look for work on Indeed and Zip Recruiter.
On 5/26 it was confirmed with SDI that my claim was discontinued as I was eligible for UI benefits. My SDI claim ended on 5/16 and I was only paid until 5/16.
On 5/31 I certified my weeks for 5/17-5/23 & 5/24-5/30. I answered that I was not sick or ill and able to look for work and that I was looking for work. After that it said pending for 2 weeks until I received notice that I would have a phone interview regarding my certification as I was on SDI.
On 6/14 I was paid for all weeks 5/17-6/13.
On 6/18 I had my phone interview and the interviewer was asking the interview questions but it felt like she was twisting my words and pretty much came to the determination that I was ineligible right away. I asked her if she wanted and documentation and she said no and ended the call. The phone call was so confusing it just seems like a blur to me. I was completely thrown off guard.
On 6/26 I received my denial letter stating I was found ineligible because I had submitted a false statement and was withholding information. I sent in my appeal with letter of explanation, printed FAQ of my eligibility rights, letter from SDI on the discontinuation of my claim, my last SDI payment receipt showing 5/16 as the last day paid.
Today I went on UI online and my claim history for week 5/17-5/23 went from disqualification to appeal. All of the other weeks still say disqualification
My question is...will I need to have a hearing or is this something that EDD appeals can review and come to a determination? What are your thoughts regarding my case? Do I have a shot in receiving benefits? I’m having a hard time finding work and need money coming to cover bills. I have almost exhausted all of my resources and am moving to a cheaper apartment but not sure what I’m going to do. TIA any help or advice is appreciated.
We'll start with the one single item that normally gets those coming off SDI disqualified for UI, did you get your medical professional's clearance to return to work?
No, I read on SDI FAQ that I was able to submit my recovery date if before the doctors end date. Once off SDI I am then able to work as I wasn't physically disabled. I didn’t want to pay the fee from my doctor to submit that as I am already running on funds. They charge $50 for each submission or documentation.
Did you complete the required self certification with SDI or complete the self certification forms? If so, the next question is: Did you contact your former employer and inform them you are available for work?
I’m assuming the did it for me? I just got paid twice a month and then contacted them to confirm that my claim ended 5/16 the day before I filed UI. HR sent me a letter to give to EDD for the lay-off and stated that I was eligible for re hire when they once they have the funding approval to make my position available again but they haven’t been able to re hire just yet. My husband works for the same company and they are just trying to stay above water right now.
There is a form you should have completed specifically certifying that you are able to return to work. This is required when you are not submitting a health care professional's release to return to work. Although you may feel you're able to return to work, unemployment (separate division in EDD) can't approve benefits when your unable to work. Just ending SDI doesn't satisfy the legal requirement to have either a medical release or a self certifying release for unemployment purposes.
What you can do to help is write the exact wording for the denial (leave out any personal information) along with any citations they use. Often we can decipher phrases and notations to figure out what is really going on.
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