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Saturday, September 10, 2016

Being Disqualified ? Working It Still?

One thing that happens is you can get disqualified for your EDD. Its a tough situation to be in and the judgement can appear like an betrayal since you have been contributing to the program since your first job.

What you can do and not do are pretty clear but I think in my Humble Opinion you should appeal ...

but here is a list of what disqualifications can be based on

There are five sets of RDs listed below.
  1. There are RDs for regular FS penalties. These penalties are issued under Section 1257 and are assessed in cases where the claimant made a misstatement. Different subsections of Section 1257(a) are used depending on whether or not the claimant was paid UI benefits based on the misstatement.
  2. There are RDs used when a claimant is assessed an FS based on a court conviction for UI Fraud. In these cases the penalty is issued under Section 1263(b).
  3. There are RDs used exclusively to assess an FS penalty in cases where the claimant has made a misstatement concerning his or her identity.
  4. There is an RD for assessing a Successive Disqualification penalty when the claimant is disqualified for making misstatement(s) and has prior false statement disqualification(s) on a current or previous claim(s). In these cases the penalty is issued under Section 1261.
  5. There are eligible RDs used when the Department notifies an employer that no willful claimant FS was made. In these cases the response refers to Section 1257a.
I. DISQUALIFICATION – NONCONVICTION CASES
Enter Code Section: Issue: FS
  • 1257a1 for 2 – 15 week statement – No benefits paid
  • 1257a2 for 5 – 15 week statement – Benefits paid
A. Intentional Misstatement
You gave the Department incorrect information concerning your claim. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
B. Withholding of Materials Facts
You withheld information concerning your claim, preventing the Department from making a correct decision. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
C. Unreported Earnings
When you claimed benefits for the week(s) ending (dates), you declared you had no work or earnings. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
D. Availability for Work
You gave the Department incorrect information, or withheld information, concerning your availability for work. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
E. Ability to Work
You gave the Department incorrect information, or withheld information, concerning your ability to work. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
F. Regarding an Offer of Work
You gave the Department incorrect information, or withheld information, concerning an offer of work. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
G. Regarding Work Search
You gave the Department incorrect information, or withheld information, concerning your search for work. After considering available information, the Department finds that you do not meet the legal requirements for Payment of benefits.
H. Both Original and Replacement Checks Cashed
You gave the Department incorrect information concerning receiving and cashing a benefit check. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
I. Separation from Work
You gave the Department incorrect information, or withheld information, concerning the reason you are no longer working on your job with (employer name). After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
J. Incorrect Earnings Reported
When you claimed benefits for the week(s) ending (date), you did not report your correct earnings. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
II. IDENTITY ISSUES
Enter Code Section: Issue: FS
  • 1257a1 for 2 – 15 week statement – No benefits paid
  • 1257a2 for 5 – 15 week statement – Benefits paid
K. Imposter Case
When you filed a claim on (enter BYB or AC date) or claimed benefits on that claim, you knowingly used a name or Social Security number not your own. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.
L. False Identity Information
When you filed your claim effective (Date) or claimed benefits on that claim, you knowingly provided false information regarding your identity. After considering available information, the Department finds that you do not meet the legal requirement for payment of benefits.
III. DISQUALIFICATION – CONVICTION CASES
M. Conviction - 52-Week Forfeiture
Enter Code Section 1263a - issue CV
You were convicted by a court for violations of the Unemployment Insurance Code. You are therefore subject to a loss of benefits for a 52-week period beginning with the week the complaint was filed.
N. Conviction - False Statement
Enter Code Section 1263b1 - issue FS
Your conviction also makes you subject to a 15-week penalty for making a false statement or withholding information to obtain or increase benefits for yourself or someone else.
IV. SUCCESSIVE DISQUALIFICATIONS
Enter Code Section 1261 - issue SD
O. Successive Disqualification
An additional (enter number: 1 - 8) week(s) of disqualification is being assessed because you gave incorrect information on more than one occasion.
NOTE: The disqualification begins the Sunday of the week it is mailed, the same as the regular FS disq. The claimant will not begin serving the SD until the FS weeks assessed are served.
V. ELIGIBLE
Enter Code Section 1257a - issue FS
AA. No Intentional False Statement
You questioned information the claimant provided in the course of filing a claim or claiming benefits. After considering available information, the Department finds the information was not given with the intent to defraud.
BB. No False Statement - FS Issue Raised in Employer Protest
You stated that the claimant gave incorrect information in the course of filing his/her claim. The information given by the claimant was correct. After considering available information, the Department finds that the claimant did not willfully misrepresent the facts in order to obtain benefits.
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