Edd appeal

Asked almost 2 years ago - Los Angeles, CA

i file for uneployment a month ago online two weeks later i had recive my award pappers teeling me what my weekly payment will be, so a week after that i called edd to find out when will i be getting my first payment an i was told they approved it and it will be on my edd debit card in two days, So in two days checked an my card said 0 dallars, so i called edd again and i was told there there was an identity varication to send copys of my social last paycheck stub and copy of last w2. So i did all but didnt not send a copy of my id because i didnt have one so i got a letter sayn my ui claim has been denied for no proof of id, so i sent in an appeal saying i didnt have money to buy one, but now i have one when i go to appeal court will lose not having an id but now i can show proof of ID

Attorney answers (3)

  1. David Andrew Mallen

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you were eligible to work in the U.S. you are probably OK. If not and you are undocumented, you cannot get EDD benefits.

    Best to email your specific issues to the EDD for a faster response.

    David

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  2. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The failure to provide a valid identification is a legitimate reason for the EDD denying you benefits. Get the ID. It costs far less than what you will lose by not having one. If you cannot legally get one, then you cannot legally get unemployment benefits at this time.

    Good luck to you.

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  3. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I'm glad you obtained the ID. Be sure to bring it with you to your appeal hearing. If you are otherwise eligible (meet all the other requirements), the administrative law judge may be able to get you back on track quickly.

    You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website.

    Home page
    http://www.edd.ca.gov/Unemployment/

    Eligibility requirements
    http://www.edd.ca.gov/unemployment/Eligibility.htm

    Summaries of the law (Benefit Determination Guide)
    http://www.edd.ca.gov/UIBDG/

    Appeals
    http://www.edd.ca.gov/Unemployment/FAQ_-_Appeal...

    Precedent Decisions (law the administrative law judges rely on)
    http://www.cuiab.ca.gov/precedent_decisions.shtm

    Frequently asked questions
    http://www.edd.ca.gov/unemployment/FAQs.htm

    Filing a claim for unemployment benefits
    http://www.edd.ca.gov/unemployment/Filing_a_Cla...

    You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you at the hearing. For training, expect the attorney to need approximately three hours. For representation at the hearing, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file, and there is a possibility you will have to wait past your hearing time if the previous case has not finished.

    Generally, as of 2012-2013, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on years of experience, geographic location, attorney availability, attorney interest in the case, complexity of the matter, and more.

    To find a plaintiffs employment attorney in California, visit the California Employment Lawyers Association (CELA) at www.cela.org. CELA is the largest and most influential bar association in the state for attorneys representing working people. You can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.

    Marilynn Mika Spencer
    San Diego, CA

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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