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4/1/2015 - I was laid off, applied and was awarded benefits which ran out about 11/8/2015. On 11/12/2015 I was in an accident and broke my leg, I was hospitalized for 4 days after surgery and while there I was advised to apply for ca sdi (i wasn't able to walk for months) - i was awarded ca sdi benefits which ran out about 4/16/2016.
Since a year had passed since my original UI claim, i reapplied for UI on 5/3/2016 and first received an award letter stating i would get the maximum amount then after certifying for benefits the first time i was disqualified based on "Section 1277".
The letter stated my claim was invalid under section 1277 for the following reasons, and the first 4 reasons listed were checked basically amounting to I did not earn wages or perform any work during the past year.
After reading a few posts here and looking at section 1277, I am confused and wondering if I have a case for appeal.
So first I neglected to report a small freelance job I did on 11/10/15 that paid $200, I have an email reciept of a "chase quickpay" for the job. I did not understand that I should have put this on the new claim I filed or should I have?
My question then is this: Is that enough to show that I did some work in the year? In which case couldn't they use my ca sdi payments to meet the monetary requirement of section 1277?
Should I appeal? or am i misunderstanding the requirements.
So first I neglected to report a small freelance job I did on 11/10/15 that paid $200, I have an email reciept of a "chase quickpay" for the job. I did not understand that I should have put this on the new claim I filed or should I have?
$200 would not be enough by itself. The damage was done when you didn't report it so there's no point in opening up that can of worms now.
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Originally Posted by s.hayes
In which case couldn't they use my ca sdi payments to meet the monetary requirement of section 1277?
You can sure try to get it using your SDI payments, but we don't have enough threads to predict any accurate outcome.
ok. Thanks for your reply. I also wanted to add that I am doing some work now - deliveries to earn at least a little money. I have continued to certify for benefits even though I was disqualified just in case i could appeal.
I didn't think the $200 would be enough for anything, what I was thinking is that the small job would meet the "some work" requirement of section 1277 and then my ca sdi payments to meet the monetary requirement of section 1277.
also the work happened after benefits were done in November so the only place I could have reported it was on my new claim and since it asked for my last employer i didn't know where to include it. but i think i understand now that i should have said i was self employed?
anyway - I would need a little help on how to word the appeal.. since I don't know for sure if i'm interpreting the requirements correctly...
I didn't think the $200 would be enough for anything, what I was thinking is that the small job would meet the "some work" requirement of section 1277 and then my ca sdi payments to meet the monetary requirement of section 1277.
"some work" has a definition, and it's a lot more than $200. Please don't get so hung up on "some work" that you miss the real prize, which is the money you got from SDI.
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Originally Posted by s.hayes
also the work happened after benefits were done in November so the only place I could have reported it was on my new claim and since it asked for my last employer i didn't know where to include it. but i think i understand now that i should have said i was self employed?
The self employed don't have the same protections as employees. If you go this route, you might find that they want all your SDI payments back. Don't stir the pot. If CA finds out about it later, the deal with it, but rarely can you be honest after the fact and avoid complications.
Quote:
Originally Posted by s.hayes
anyway - I would need a little help on how to word the appeal.. since I don't know for sure if i'm interpreting the requirements correctly...
These "appeals" are appeal REQUESTS. People waste hours agonizing what to write, and they are all the same. "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." You are entitled to a hearing in front of an ALJ who hopefully knows this stuff inside and out, and asks you the right questions so you can be awarded benefits just for the asking.
After you submit the REQUEST, you try really hard to find a case that is similar to your situation where a claimant was able to use SDI to satisfy the "some work" requirement. Then you study the factors in the decision that made that possible, and you make sure you present the same evidence at your hearing to get the same outcome.
In enacting Section 1277, the Legislature placed a "test" upon the claimant’s attachment to the labor market before a second claim could be established on "lag period" wages. The test consists of both an earnings and work requirement.
....
1. the some work requirement:
example, in P-B-156, the claimant received sufficient residual wages during the test period to meet the earnings requirement of Section 1277. Although he had not worked in an employer-employee relationship during the 52 weeks following the effective date of his prior claim, he had earnings from self-employment during this period. In ruling that the claim was valid under Section 1277, the Board said:
". . . The Department’s regulation 1277-2 which was adopted to implement and interpret the "work" requirement of Section 1277 included self-employment. We believe this was a correct interpretation and . . . hold "self-employment" does satisfy the "some work" requirement of Section 1277."
2. the monetary requirement:
Disability Insurance (DI) and Workers’ Compensation (WC) payments, including benefits paid in or through another state or by the federal government, may be used to satisfy the requirements of Section 1277 under either of the following conditions:
... If the claimant was paid benefits on the prior claim and has satisfied the "some work" requirement, the claimant may use twice the dollar amount of the DI or WC payments to meet the earnings requirement.
so that is what lead me to seek advice..
I couldn't find this earlier and I wanted to be sure I was explaining this correctly.this.
Thank you again for the help this is much appreciated. My head is spinning trying to make sense of this. If I didn't need a little monetary help right now I wouldn't bother pursuing it.
I've been doing some reading, and that self employment might make the difference. If it truly want cause you a fraud determination, or jeopardize your SDI, then feel free to make it an issue but only at the hearing.
I hope Ariadne22 weighs in. I think she has a much better grasp of the nuances.
ok. so you do agree that I could have cause to appeal? that's what I am really looking for. validation.
My SDI is done. i was cleared to work again on 4/16/16... also I did that freelance job in the small window between the end of my UI and before my injury.
what would a fraud determination cause? would i be denied anything?
ok. so you do agree that I could have cause to appeal? that's what I am really looking for. validation.
My personal rule on appealing is unless you know for an absolute fact that it's pointless, then appeal and see what happens.
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Originally Posted by s.hayes
My SDI is done. i was cleared to work again on 4/16/16...
You're not breaking any rules here.
Quote:
Originally Posted by s.hayes
also I did that freelance job in the small window between the end of my UI and before my injury.
I think you might be safe.
Quote:
Originally Posted by s.hayes
what would a fraud determination cause? would i be denied anything?
An overpayment, penalties, the inability to get it waived, and no possibility of a discharge in bankruptcy. If you think you did everything right other than report it on your application as opposed to your weekly claim forms, then go for it.
ok. thank you so much for all of your advice. I am going to fill out and send in the appeal paperwork tomorrow morning.
I am a little confused as to how omitting the $200 / freelance job from my application would constitute fraud because I don't see how that benefits me since in fact omitting it has possibly done the opposite.. but perhaps just the fact i did not provide that information is fraud...
its done now, i can only move forward...
can i get a little advice at what to bring to the appeal to offer as evidence to support my case?
and really - thank you so much for just talking this out with me..
can i get a little advice at what to bring to the appeal to offer as evidence to support my case?
It's too soon. File the appeal REQUEST. Then you'll have an opportunity to view a very detailed file that will give you great insight as to how the decision you received was reached.
When you have as much information as you're going to get, then come back (hopefully before your hearing date) and we'll do the prep work on your appeal with the best, current information available. Then everything will be fresh in your mind come hearing day.
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