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Old 06-11-2016, 05:54 PM
 
49 posts, read 163,552 times
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A week ago I had a UI phone appt. I had to leave my job due to a disability and may be eligible for UI benefits. The California EDD staff member claimed that even though I'm no longer eligible to receive disability payments that my Dr. at the time filled out the paperwork to say that I was to be fully disabled for work through 2017. The doctor's office denies they claimed the 2017 date. His paperwork stated I could no longer do work involving heavy lifting and bending but did not state that I could return to work effective a particular date, which is what EDD is looking for. The staff member said unless I fax them a doctor's note specifically stating I can return to some form of work that my claim will be denied and I'd have to appeal. She put my claim on hold and said I had 10 days to get them that note.

Meanwhile, a few days later, as I was in the middle of trying to transfer my MediCal benefits to the new County I reside in (so that I can provide a new doctor's note) I noticed an updated status online. EDD had scheduled me an in person appt. on 6/20, which is after the supposed 10 day holding period.

The notice states, " You have an in-person appointment scheduled. You must appear at the date and time shown. Failure to attend this appointment may affect your eligibility to receive Unemployment Insurance benefits." It's entitled the, "Reemployment Eligibility Assessment".

Since there seems to be a conflict in the time-line to determine my eligibility, I tried calling my EDD case-worker's direct line numerous times. I left messages and she will not return my calls. I'm wondering if that doctor's note is still needed, or if this in-person appt. will address their questions regarding my eligibility to return to work.

Any feedback on what to expect is much appreciated. I need to know if I should jump through hoops this next week to try and get that note, or if I should just attend the appt.

Last edited by metalone4; 06-11-2016 at 06:15 PM..
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Old 06-11-2016, 08:24 PM
 
49 posts, read 163,552 times
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Welp, never mind. I got a letter in the mail today stating I am ineligible due to medical conditions. I'll have to appeal and provide a doctor's note.

This irritates me because they made the determination before the 10 day extension was up. It also irritates me that their records are incorrect in the first place. I looked at the doctor's forms and they all state 2015, not 2017. They are vague however and don't specifically say I can return to non-labor-intensive jobs, so I also fault the doctor somewhat.

I guess my in-person appt. is cancelled then? The website still says I have one, but I'm not going, I'll focus on appealing this coming week.
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Old 06-11-2016, 09:17 PM
 
13,131 posts, read 20,968,136 times
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REA has nothing to do with your unemployment timelines or approval. It's a separate item to determine what can you do, how are you looking for work and if there are other items that may be available to you such as retraining. If you appeal your unemployment and win, you will not be paid because you didn't attend the REA interview. You will have to appeal that suspension of benefits and once you complete the REA interview and unemployment is notified of your attendance, they will process your payments. Of course you can not claim that week and say you were not Able or Available and they will not count it against you because you were not seeking benefits for the day of the appointment.
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Old 06-12-2016, 12:23 AM
 
49 posts, read 163,552 times
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Quote:
Originally Posted by Rabrrita View Post
REA has nothing to do with your unemployment timelines or approval. It's a separate item to determine what can you do, how are you looking for work and if there are other items that may be available to you such as retraining. If you appeal your unemployment and win, you will not be paid because you didn't attend the REA interview. You will have to appeal that suspension of benefits and once you complete the REA interview and unemployment is notified of your attendance, they will process your payments. Of course you can not claim that week and say you were not Able or Available and they will not count it against you because you were not seeking benefits for the day of the appointment.
I see, thank you. I guess I will get the doctor's note and appeal, but also attend the meeting on the 20th.
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Old 06-12-2016, 12:30 AM
 
14,500 posts, read 31,061,750 times
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You're not going to get the best information. You keep starting new threads with tiny snippets that you think are entirely unrelated, but they are.

You have an SDI claim and you have a UI claim, you are mixing apples and oranges.

When you got kicked off SDI because you quit seeing your doctor, then you looked "able and available" and EDD is trying to put you back on UI and that's where the REA is coming into play.

You need to figure out what is going on and start getting your threads consolidated, and keep everything together. These letters you're receiving aren't usually standalone. They stack together.
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Old 06-12-2016, 01:43 AM
 
49 posts, read 163,552 times
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Quote:
Originally Posted by Chyvan View Post
You're not going to get the best information. You keep starting new threads with tiny snippets that you think are entirely unrelated, but they are.

You have an SDI claim and you have a UI claim, you are mixing apples and oranges.

When you got kicked off SDI because you quit seeing your doctor, then you looked "able and available" and EDD is trying to put you back on UI and that's where the REA is coming into play.

You need to figure out what is going on and start getting your threads consolidated, and keep everything together. These letters you're receiving aren't usually standalone. They stack together.
I've come to find out that REA is standard procedure, so you're incorrect. I don't have an SDI claim and UI claim opened concurrently, like you're making it out to be. The SDI claim is closed, it has been for months. I just recently opened the UI claim.

I was told I shouldn't work jobs that require heavy lifting and bending, but I've always been cleared to work any other type of job. I'm considered totally disabled from manual labor (ONLY that) and that's the part that's mucking this all up. There is also false information in the old SDI claim. Somebody in their office screwed up...that's just my luck.

Last edited by metalone4; 06-12-2016 at 01:54 AM..
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Old 06-12-2016, 10:33 AM
 
13,131 posts, read 20,968,136 times
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Quote:
Originally Posted by metalone4 View Post
I've come to find out that REA is standard procedure, so you're incorrect. I don't have an SDI claim and UI claim opened concurrently, like you're making it out to be. The SDI claim is closed, it has been for months. I just recently opened the UI claim.

I was told I shouldn't work jobs that require heavy lifting and bending, but I've always been cleared to work any other type of job. I'm considered totally disabled from manual labor (ONLY that) and that's the part that's mucking this all up. There is also false information in the old SDI claim. Somebody in their office screwed up...that's just my luck.
Although REA interviews are standard, they are not all equal. Coming off of state disability or any disability, your going to be evaluated differently than a person who just loss their job. Every time you apply for unemployment you will get a REA interview notice. It's normally only once. But when coming of disability, each time anything changes you could be subjected to a new REA interview. Additionally, since state disability and state unemployment are separate but conjoined, whatever occurs with disability is known to unemployment and whatever is done with unemployment is known to disability. If your on unemployment and attempt to start or adjust a new, open or previous disability claim, they each know right away.

Unemployment is going to evaluate you based on your previous experience, but if you throw a disability limitation, you'll be surprised how quickly suitability goes out the window. If your E&E is in a career with manual labor involved, excluding that for medical reasons could make you unable or unavailable as far as unemployment is concern. Or, they may just lower your suitability to the point you can;t refuse a sitting cashier position at some arcade parlor. Be very careful how you play this as they are certainly intertwined.
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Old 06-13-2016, 12:47 AM
 
49 posts, read 163,552 times
Reputation: 24
Quote:
Originally Posted by Rabrrita View Post
Although REA interviews are standard, they are not all equal. Coming off of state disability or any disability, your going to be evaluated differently than a person who just loss their job. Every time you apply for unemployment you will get a REA interview notice. It's normally only once. But when coming of disability, each time anything changes you could be subjected to a new REA interview. Additionally, since state disability and state unemployment are separate but conjoined, whatever occurs with disability is known to unemployment and whatever is done with unemployment is known to disability. If your on unemployment and attempt to start or adjust a new, open or previous disability claim, they each know right away.

Unemployment is going to evaluate you based on your previous experience, but if you throw a disability limitation, you'll be surprised how quickly suitability goes out the window. If your E&E is in a career with manual labor involved, excluding that for medical reasons could make you unable or unavailable as far as unemployment is concern. Or, they may just lower your suitability to the point you can;t refuse a sitting cashier position at some arcade parlor. Be very careful how you play this as they are certainly intertwined.
Most of my E and E is actually for a sedentary position, that being IT support. I transferred to the more manual labor type of tech job within the same company. I worked that job for 2 years, but IT for 11 years prior to that.

I was in school earlier this year to get back up to speed with IT. I'm filing for UI while I look for an IT job. The way you put it makes it sound like they think I'm trying to scam the system, which I am not. If that's the case, should I even bother going through with an appeal for UI? Is there harm in trying in my particular situation?
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Old 06-13-2016, 02:32 AM
 
14,500 posts, read 31,061,750 times
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Originally Posted by metalone4 View Post
The way you put it makes it sound like they think I'm trying to scam the system, which I am not.
We think no such thing. I don't care if you were trying to scam the system. If you follow the rules, and get UI, I don't care. More power to you.

You were on disability after all. That means by a legal definition that you were too sick to work. Now, you want UI. It always looks a little suspect that you were too sick to work, and then when the benefits shut off, you suddenly make a recovery to get UI.

It's not insurmountable. People do it, but just know that you have to bring your A-game to that hearing. The burden of proof is on you. EDD doesn't have to prove that you're too sick to work. You already did that when you went on disability.

Quote:
Originally Posted by metalone4 View Post
If that's the case, should I even bother going through with an appeal for UI? Is there harm in trying in my particular situation?
By all means appeal it, but know what you need to accomplish. Too many claimants quit for medical reasons, mistakenly believe that UI is some sympathy system, lay it on so thick that they had to quit, and in the process make anyone looking at the paperwork think they are too sick to do any job.

You just want to be too sick or disabled to do the job you had to quit, but not so sick or disabled to do any job. That is what you have to prove at the appeal.

The second thing that claimants do wrong is they think they can just say, "I'm was too sick to do that job, but I can do other work." Unfortunately, you're not a doctor, and that kind of testimony can only come from a doctor. You must present a letter from a doctor to support your position, or you'll be shot down.

This is winnable, but you have to know what you're doing, and bring the right evidence. You won't get a second chance.
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Old 06-13-2016, 02:34 AM
 
49 posts, read 163,552 times
Reputation: 24
Quote:
Originally Posted by Chyvan View Post
We think no such thing. I don't care if you were trying to scam the system. If you follow the rules, and get UI, I don't care. More power to you.

You were on disability after all. That means by a legal definition that you were too sick to work. Now, you want UI. It always looks a little suspect that you were too sick to work, and then when the benefits shut off, you suddenly make a recovery to get UI.

It's not insurmountable. People do it, but just know that you have to bring your A-game to that hearing. The burden of proof is on you. EDD doesn't have to prove that you're too sick to work. You already did that when you went on disability.



By all means appeal it, but know what you need to accomplish. Too many claimants quit for medical reasons, mistakenly believe that UI is some sympathy system, lay it on so thick that they had to quit, and in the process make anyone looking at the paperwork think they are too sick to do any job.

You just want to be too sick or disabled to do the job you had to quit, but not so sick or disabled to do any job. That is what you have to prove at the appeal.

The second thing that claimants do wrong is they think they can just say, "I'm was too sick to do that job, but I can do other work." Unfortunately, you're not a doctor, and that kind of testimony can only come from a doctor. You must present a letter from a doctor to support your position, or you'll be shot down.

This is winnable, but you have to know what you're doing, and bring the right evidence. You won't get a second chance.
Ah, Ok, that makes sense. Thank you very much!
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