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Lost Appeal - Pay back? California

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  • Lost Appeal - Pay back? California

    After I was let go by my previous employer, I applied for unemployment benefits. They appealed, made up an insane amount of information that I can't prove otherwise, and won. It really came down to he says she says, and in the decisions that was mailed to me - it even stated that the judge simply believed them.

    This does not really concern me because I have already stopped claiming unemployment benefits.

    What does concern me is whether or not I have to pay back the benefits I have received. Under what circumstances does that happen?

  • #2
    Probably, but you would get a separate notice from the EDD. It's generally irrelevant that the original decision to grant you benefits was not a result of fraud. If the decision is reversed, you usually have to pay the benefits back.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Interesting Patty...in my state (AZ) you simply don't get paid the benefits until the appeals process is over. When I lost my job several years ago, it took me 5 months to get my first check!!!

      Than goodness we had a savings to live on!
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        Originally posted by CatBert View Post
        Interesting Patty...in my state (AZ) you simply don't get paid the benefits until the appeals process is over. When I lost my job several years ago, it took me 5 months to get my first check!!!

        Than goodness we had a savings to live on!
        Honestly, I didn't know that states were different in that regard. It's not that way in either MD or PA either.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          A notice of overpayment, or unfavorable ALJ/judge decision should not be disregarded by the claimant...
          I just received a Notice of Overpayment, DE 1444. Can someone explain it to me?

          A Notice of Overpayment is mailed to claimants who have been paid benefits they were not eligible to receive. The notice shows the amount of overpayment and penalties, if any. In addition, the notice explains why you were overpaid and provides information about your appeal rights.

          Contact EDD for a more complete explanation.
          This does not really concern me because I have already stopped claiming unemployment benefits.
          Oh, but it does or should concern you. EDD can and will lien any tax refund you may have coming, or, attach your bank checking/savings account, And, they have the ability to garnish any future wages you may have coming with a future employer.
          You should contact EDD about your/any overpayments...
          Why is my State income tax refund check being taken by EDD to repay an overpayment?
          A UI claim was filed and benefits paid using your social security number. Benefits should not have been paid and an overpayment occurred. The income tax refund is being taken to repay this overpayment. If you did not file a UI claim contact the Department immediately. A fraudulent UI claim may have been filed using your identity information.
          More on your rights/responsibilities with EDD is here http://www.edd.ca.gov/Unemployment/F...tacting_UI.htm

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          • #6
            Actually, in CA it is very rare to have to pay back benefits unless a very clear fradulent statement was made and then it still doesn't happen most of the time. We regularly respond to UI claims with:

            "please note the claimant lied when he said ...."

            Their usual response:

            "we do not feel the claimant deliberately omitted this information..."

            So unless the OP was really and truly fraudulent, it is unlikely he will be assessed an overpayment. Other states are much more agressive at recouping monies. (Probably one of the reasons CA is in as much financial turmoil as it is today....)

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            • #7
              Originally posted by HR/DisMgr View Post
              Actually, in CA it is very rare to have to pay back benefits unless a very clear fradulent statement was made and then it still doesn't happen most of the time. We regularly respond to UI claims with:

              "please note the claimant lied when he said ...."

              Their usual response:

              "we do not feel the claimant deliberately omitted this information..."

              So unless the OP was really and truly fraudulent, it is unlikely he will be assessed an overpayment. Other states are much more agressive at recouping monies. (Probably one of the reasons CA is in as much financial turmoil as it is today....)
              Very interesting. And your aside very well may be true. Ah, well, it's California, after all.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                (Probably one of the reasons CA is in as much financial turmoil as it is today....)
                As the employer contributes to the UI system and employees contribute to the SDI system, these are 'user funded', and virtually no general fund money would be used to pay benefits.
                The ER contribution is based on the x-mod or claims history.
                What few people understand about UI extensions are these are 'loans' from the feds... with a defined pay back period. As I recall, Calif currently owes about 29B in UI extension loans. If these are not paid timely... well, the feds can/will deny Calif claimants additional extensions. Calif budget surely won't cover those debts, or additional UI benefits. Part/parcel of the huge defecit now facing the taxpayers.

                SDI is 'insurance' much the same as health coverage, a 'pool' based on exposure.

                The same for the WCAB/Workers Compensation Appeals Board... 'user funded'. Carriers and legally self insured employers pay 'user fees' or assessments based on premiums or Self Insured claims history.

                The very reason for Arnold's furlough days of state employees... the WCAB is not paid by general fund dollars. The courts have ruled against Arnold, yet, the WCAB is still subject to those furloughs. What that amounts to is a 20% wage cut for those employees at the board offices.
                SCIF/State Comp Ins Fund is a 'quasi public' entity. Again, no general fund dollars are used for payroll. Completely funded by premiums paid by policy holders. Yet again, EE are furloughed.

                What this does is create unreasonable delays in ER/carrier and EE/IW getting their 'day in court' to resolve disputed issues, expedited hearings for delayed treatments, and settle claims. A system/court the 'user' is paying for. Out of pocket.

                Calif is in dire straits. Unfortunately no one in Sacramento is willing to do anything about it. And the people are not willing to accept any cuts to the unfunded entitlements they demand. Vicious circle doesn't begin to describe the state/national situation.

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                • #9
                  Das ist in der Doktor!

                  Well, for what it's worth, elections are coming up,
                  I think I’ll do like my Dad use to do,
                  vote ALL the incumbents out and make room for a new crop of crooks….

                  .._______________________
                  ~ Political correctness is a doctrine, fostered by a delusional, illogical minority,
                  and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that
                  it is entirely possible to pick up a turd by the clean end.

                  Comment


                  • #10
                    As the employer contributes to the UI system and employees contribute to the SDI system, these are 'user funded', and virtually no general fund money would be used to pay benefits.
                    Except for when our account is relieved of benefits charges like in the scenario described above. The claimant still gets benefits but our Company is off the hook. Many other states are much more aggressive about reimbursements.

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                    • #11
                      EDD never let me get by with it.
                      When/if my account was exhausted, the rate increased.
                      Very early on in my experience, I had a claim, not sufficient funds in the account, my contribution nearly tripled for the next 2 years.

                      UI/Unemployment "Insurance" ...just like SDI/State Disability "Insurance", and WC/Workers Compensation is ''insurance'', differences being, who/whom is the insured party.

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                      • #12
                        I have only been managing our UI department for 2 years so I don't know if things have changed or not. We protest virtually every claim until we can protest no further. (We do agree to "no protest" for certain separations.) At the end of the year, we are given an accounting of all chargeable claims for that year. Our rate for the next year is based on that accounting. We can protest those charges, although they have always been correct and we have never had to do so.

                        Is that your experience with the process?

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