What does it mean " (title 22, California code of regulations ( CCR ),section 5008). in my unemployment appeal instruction ?
The entire paragraph below.
Do I rewrite on my appeal whatever is the parenthesis, does it refer to the preceding it sentences or something else ?
" Complete the enclosed appeal form ( DE100M) or write a letter stating that you want to appeal this appeal this decision.If you write a letter to appeal ,explain the reason why you do not agree with the department's decision. Write your social security number on each document you submit to the department. ( title 22,California code of regulations ( CCR ),section 5008 )"
2 attorney answers
You are over-thinking it. All you need to do is to write on the appeal form that you disagree with the decision and you wish to appeal and have a hearing. That will get you your hearing, at which time you can testify and provide any evidence relevant to your claim. Your live, sworn testimony is far better than anything you can write on the form, other than asking for a hearing itself. Good luck.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
This electronic communication may be considered Advertisement under California State Bar Rules of Professional Conduct Rule 1-400. With this stated, if you really want to know what CCR Title 22, Section 5008 states, I have attached a Westlaw link to California's Code of Regulations (CCR). Because a direct link is not allowed, type "22" into the "Title:" box and "5008" in the "Section:" box. Click on the only link that should appear: "1. 22 CCR § 5008 , Barclays Official California Code of Regulations Title 22. Social Security Division 1. Employment Development Department FN[FNA1] Subdivision 2. FN[FNA1] California Unemployment Insurance Appeals Board Chapter 1. General (Refs & Annos) § 5008. Appeal, Petition, or Board Appeal." Though this general information should be current law, I do not guarantee it is.
You can either (1) write an appeal letter adhering to the requirements of CCR title 22, Section 5008 OR (2) use the Appeal Form (DE 1000M) per Mr. Kirschbaum's answer, which is easier. Be mindful of what you write and what you choose not to write (cannot not be a willful false statement or omission) in your appeal letter/form as it may be used against you at a potential hearing, potentially hurting your chances of winning should your case have merit. Also be mindful of your statute of limitations, i.e. you must submit your appeal (it must be postmarked) within 20 days of the mailing date listed on the EDD's Notice of Determination.
Best of luck to you,
Michelle L. Reynolds, Esq.
The Legal Advocate
627 S. Rosewood Ave.
Santa Ana, CA 92703
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 attorney is licensed to practice law solely in the State of California. Furthermore this electronic communication may be considered Advertisement under California State Bar Rules of Professional Conduct Rule 1-400.