Quote:
Originally Posted by kaceyellis
You are very welcome! 
Dont dispair.. Im pretty sure you can still appeal
Im really suprised the judge overruled your objection. Unless your ex employer had sent it certified, or receipt requested so she could prove she sent the paperwork.. its invalid.
In the case that you are overruled (again, if you appeal) then for any question that is asked of you about anything referring to the paperwork you dont have, you reply "I cant speak to anything referring to the paperwork, as I dont have it, so cannot confirm if it is correct or not".
Basically, negate and cut off anything she says that refers to the paperwork, because you dont have it, so dont know what it says, and cant speak to anything on it.
I dont know if that makes sense or not. Hopefully
Remember the UI is NOT your friend... you cant (and dont) confide in them.. their job is to ONLY find a reason to deny you benefits... so they will use everything against you, that you say, to try and do that.
There are a couple of really excellent posters who are good resources on here, so if/when you appeal.. come back on and reach out (in this same thread so everything is in one spot... just change the title in the new post saying something like 'need more help with this') and check what to do
Kind Regards
Kacey |
Hi kacey, in this case, UI/edd actually determined in FAVOR of granting the OP CTB (which is California Training Benefits). So, UI/edd was "for" her & supported this claimant's CTB application & approved her for training benefits.
By law, the employer has the right to contest that approval because she was approved a certain way (self-arranged) & as you & I both said, the employer has the burden of proof since, essentially, the OP already proved her case to get CTB in the first place.
Nancy--IF the ALJ reverses your determination/CTB approval---you can request a recording of the hearing & review it to write your appeal. 2nd level appeals are not about questions of fact, but procedure. For instance, you said you objected to new evidence that you had not been given the opportunity to review. If the ALJ is on the recording denying you that right, THAT is something you can include in your appeal. Look for more things like that. It is NOT a 2nd opportunity to argue your case.
One last thing Nancy--if the ALJ reverses the determination, they are basically saying the EDD was wrong in approving you which would seem odd to me (as I said earlier, it's NOT EASY to get self-arranged approval).
Look forward to hearing what happens.
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