CA Help- EDD is stating I'm making double my earnings (file, receive)
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I've been reading this forum throughout filing for unemployment and during my claim and this is the first time I've needed some help ( I guess that makes me lucky?).
After applying for Unemployment I started to work a part time job in order to help pay the bills and make me feel a little better after being laid off from my previous job. Since I rarely make more than my weekly benefit amount I've been continuing to apply for my UI benefits weekly, with the exception being the weeks I make over that amount through additional work. I've been very careful to report my earnings as articulately as possible.
Earlier this month I received a phone call from an extremely... aggressive woman claiming that I was lying to the EDD, she asked me to state what I made weekly beginning from Oct up until that date. I told her and then she asked for exactly what I made on each pay stub. I informed her that I was paid bi weekly (like most others) so the amount of money on my pay stub would reflect the amount of money I made in a two week period. She informed me this wasn't precise enough and that she would need to speak with my employer. I gave her the employer's contact info, thought she would contact their office and that would be that.
On Saturday I received a notice of determination that my benefits had cancelled because I was working full time and making more money that my weekly UI benefits, I also received a notice of overpayment. First of all, it's impossible for me to work over 35 hours a week in my position. EDD is also claiming that I am making double my actual paycheck. For example : For the period of time from 12/2-12/15 EDD is claiming that I made 550.20 each week (weeks ending 12/8 and 12/15) for a total of 1100.40 cents; however as my pay check and bank account clearly state I made 550.20 total for that two week period.
I spoke with both the payroll office and the management/head of my company and it seems they were never contacted to verify anything by EDD. Obviously I'm filing an appeal but I was just wondering if anyone had any advice on the best approach to the appeal. I just can't believe this is happening- It's such a crazy mistake/ I'm wondering where the mistake happened.
The mistake happened because EDD thinks you won't persue the matter. Also, you need to be sure to file two appeals. One for the "working full time" and one for the "overpayment." You'll probably be dealing with a "false statement" issue as well. Every piece of paper you get that has "appeal rights" must be appealled, or you can end up winning on one but the other becomes a final determination, and then you still end up being a loser.
Just show up at the hearing with your paystubs for the questioned period. The lesson here is don't take part time employment if you don't want to deal with issues like this.
For example : For the period of time from 12/2-12/15 EDD is claiming that I made 550.20 each week (weeks ending 12/8 and 12/15) for a total of 1100.40 cents; however as my pay check and bank account clearly state I made 550.20 total for that two week period.
If your bank account states $550.20 for that two-week period, is that what you actually deposited? If so, what were your actual gross earnings before FICA and other deductions?
I assume you've been reporting your gross wages before deductions when you complete your claim forms.
I have been reporting gross wages- I was just using that as an example, obviously I'm taking home less than 550.20, but didn't want to make things too confusing.
I assumed I would just submit a copy of my paystubs with the appeal notice and anyone with half a brain would see the error, but should I just wait until the actual hearing? I figured I would run into something like this working part time, hence the record keeping, but I also thought it might be looked upon favorably.
Also it looks as if they've adjusted the last 2 week claim I mailed to match what they are now saying I'm earning and deposited that amount into my account ($1.50, wahoo!)- so now EDD technically owes me money. What do I do about this or will it be corrected once everything else is?
An appeal is a hearing. That is where the evidence gets submitted. They won't touch your stuff if you send it back with the notice. You submit evidence per the instructions. When you're at the hearing, you bring up each and every week you think you are getting docked for, and that will include any weeks between now and the date of the hearing, and even then some because it can take time after the hearing decision before it gets processed.
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