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Do I need to cancel my appeal hearing if I am now receiving benefits? Has my denied claim already been reversed?

Wrightwood, CA |

I was denied benefits due to restricting to part time work. I missed my phone interview so was not able to elaborate. I am restricting to part time because I have only ever worked part time due to a special needs child at home. I filed my appeal citing 1253(c) and waited for a hearing date. I sent in my continued claim forms and received a letter for another phone interview. I was able to speak to the interviewer and she asked about the part time restriction. I explained and she said the judge should reverse it no problem. Then I got my EDD debit card in the mail with benefits dated back to the start of my claim. I thought everything had been fixed. But then I got a yellow notice from the appeals office for a hearing date. Issue to be considered is if I'm able & available for work.

Attorney Answers 3

  1. You need to attend this appeal hearing. Sometimes there is lag time in the EDD and you do not know right away what is happening. Maybe you don't need to attend the hearing, but it is not worth taking the chance to skip it. If there are any questions the EDD has, the administrative law judge will ask them and you can tell your side of the story. Take copies of any documents you may have that will help your case. If for some reason you are again denied benefits and need to appeal this, you will be limited to using documents that you took to the first hearing.

  2. It is not possible for an attorney reading your post to definitively answer your question. It appears one of two things have occurred. Either you have been conditionally granted benefits pending the approaching hearing on the "able and available" issue, or your claim denial has been reversed, or there has been a mistake and the debit card was not supposed to have been sent. Without reviewing the documentation you have received or speaking with someone at the EDD about your situation it is not really possible to tell you which one of these possibilities would apply.

    As you probably know, to qualify for continued benefits you have to establish that you are able to work and you are immediately available to become employed should an opportunity present itself. Be ready to address these issues when you have your next hearing.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

  3. Unless you receive something in writing saying the hearing is cancelled, you have to attend if you want your benefits to continue.

    My guess is that you received a notice explaining why benefits were starting at the time they started. You may not have noticed what was said. You can telephone the number on the Notice of Hearing and ask why there is a hearing since you are receiving benefits. Eventually you will be connected with either the administrative law judge on duty or someone else who can tell you. Alternatively, you can go to the office where the hearing will be and review your file (but call first and make sure it is there already). You can ask for an explanation of anything you do not understand.

    The EDD provides helpful information on its website:

    Home page

    Eligibility requirements

    Summaries of the law (Benefit Determination Guide)


    Precedent Decisions (law the administrative law judges rely on)

    Frequently asked questions

    Filing a claim for unemployment benefits

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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