What does a disqualification mean, exactly?

by: miguel
so before my home page on my ui online I had
Last Payment Issued
$303.00

Claim Balance
$0.00

Weekly Benefit Amount
$242.00

Work Search Requirements
You must be able and available for work and look for full-time work each week.

then in notifications I had these written down
(you do not have a week available to apply for benefits. Check to find out about your next benefit weeks available)

so I then I applied for benefits during those days now I had on my ui online I have all these
……………………………………….
Last Payment Issued
$303.00

Claim Balance
$6,412.00

Weekly Benefit Amount
$415.00

Work Search Requirements
You must be able and available for work and look for full-time work each week.

Week 1 Certification
Status Disqualification

Week 2 Certification
Status Disqualification

what happen what does it mean may someone help me please, I’m supposed to be qualified but then it said disqualification and so until now haven’t get a msg nothing at all or mail

Hi, I don’t know anymore than you do, specifically why you are currently being disqualified from benefits for those two weeks, but I do find it curious and would ask you if know why those two weeks you’re disqualified from in the “current” benefit year (the only benefit year that matters at the moment) the following issue that does cause weekly disqualifications is listed.

Work Search Requirements
You must be able and available for work and look for full-time work each week

Chris

by: Steph

So I have filed 3 claims with the state of Kansas. My last day of work was May 20th. I received A severance package in one lump sum on June 12th and have yet to receive a payment for my 3 claims. At first the Kansas site said my payment was temporarily suspended due to questions regarding my eligibility. I called the state and they told me the suspension on my payments had to do with my severance package and would take 6-8 weeks to make a decision. So I look again today 6/28 and I have been disqualified from receiving benefits.

So does this disqualification mean I’ve been denied or disqualified for the 3 weeks I claimed or does this mean I  be able to receive any time of benefits from here on out???

Can anyone give me a suggestion or help/answer with my question?

Hi Steph,

I don’t think I can answer your question, because all claim determinations to my way of thinking also give a reason why a person has been disqualified. And even if the KS adjudicator doesn’t go into great detail as to why benefits were denied, all determinations will cite the statute causing the disqualification.

As for the severance paid in a lump sum, it’s divided up into weeks of pay, for purposes of determining if a benefit amount is owed for each weekly claim filed by a claimant.

How many weeks of pay did the severance payment constitute?

What was the reason for the DQ?

Chris

by: Anonymous

I applied for EDD after I was laid off on March 16th when my store closed down. I sent in my certification, but one week I messed up writing the numbers and had to cross them out and rewrite them above the box. I haven’t received anything from the EDD explaining why I was disqualified for the weeks ending 3/21 and 3/28, I’ve sent messages online weeks ago, and been trying to call, but each time the automated messages hang up on me with no option to wait for a representative. I’ve resorted to sending a letter explaining the situation, and just hoping for the best. I haven’t worked since March 16th and not sure what to do or what all this means? Is it possible because I rewrote the numbers outside the box is why I was disqualified? But I only had income for the week of 3/21, so 3/28 was $0, and I was disqualified for both. I hope that’s enough info to get an idea of what might’ve happened and what I can do next!

Hi Anonymous,

No, or at least the info you provided doesn’t explain to me why you were disqualified by the EDD for those two weeks, nor how, without a determination being sent to inform and explain the reason for denial, they expect you know you have the right to appeal, or how to appeal the determination disqualifying you.

I hope the letter works for you to, but if it were me, I’d be looking for the FAX# to sent it to as well, and saving the affirmative transmittal to prove your efforts to communicate with the EDD.

But then that’s just excessive me, always trying to prove a point, before anyone asks me to.

Chris

by: Anonymous

In Florida my claimant page shows eligible gives me my $$$ that I would get per week and how much in benefits I have…was not able to claim weeks because u could not get in site
Now it still says I am eligible but ALL MONTH OD APRIL SHOWS AS DISQUALIFED
WHAT CAN I DO..it does not give me the option to claim weeks for may
Show I apply again..no way to get in touch. The site says there are no issues and no determinations pending.

Thanks

Hi,
I can’t fix the Florida UI site to work as it should work for those during this crisis, but I am wondering if it shows you as disqualified and says there are no pending issues to be determined, if you can find an access link to the determination that denied/disqualified you from receiving benefits.

by: Anonymous

I checked my correspondence and my letter said that I was not disqualified for benefits, my employer had lack of proof of misconduct. But All my weeks that I certified for are disqualified, I don’t know why.

Hi,
I then can’t tell you why you were disqualified if the state initially decided you were not guilty of work related misconduct, unless the employer appealed and a hearing was held that you missed. But then, you should have a hearing decision reversing the initial determination finding the employer hadn’t met their burden of proving misconduct as the cause for separation.

There are other possibilities as well, but I’m not going into those here, because this is not a good way for me to gather enough information to figure out what might have caused your denial, or suspension of benefits.

Chris

by: Jo

I am eligible for my benefits. When I was certifying for benefits for weeks of 3/22 & 3/29 I guess I checked the box for one week for tax withholding and didn’t check the box for the second week and now I got disqualified and can’t certify for any new weeks. Why?? I can’t talk to anyone on the phone and I have no more money. I was laid off due to Corona. I have no idea what to do.

Hi Jo,
I really don’t know why you were disqualified for one week, but not the other. Unless maybe your state is just adhering to a common rule about all new claimants having to serve the first week as an unpaid “waiting week”.

As for making mistakes when certifying your answers are truthful and accurate, under penalty of perjury, my advice is to double, triple check you’ve answered all questions correctly and to the best of your ability, to avoid a mistake as being the reason one must wait for their benefits, or worse, repay benefits they’ve already received and spent.

Chris

by: Anonymous

How else can you find out if you have been approved for unemployment? I applied the beginning of April and haven’t heard or received anything from them telling me if I was approved or not. And it’s pointless in trying to call when I can’t get through.

Hi Anonymous,

It cannot be pointless to call the unemployment department because you can’t get through. I say this because the reason you likely can’t get through is because you’re just one of millions calling one of fifty state unemployment departments.

Frustrations aside, it’s persistence to stay the course until we get through that we must find within ourselves.

I really do hope you get through today, or tomorrow, but it won’t happen if you give up due to your idea it’s pointless.

Chris

by: Esmeralda

HI,
I got disqualified for the same two weeks for some reason.

I was let go for no fault of my own and I’m able to work.

I was reading other people’s comments on different sites and many said that they got disqualified for those same weeks as well or are having the similar issues. I’ve called EDD numerous times but I cannot get through so I sent an appeal. I’m waiting for a response. I don’t know what else to do.

Hi Esmeralda,

The only thing to do if you disagree with a “determination” on your claim is to appeal to get a lower level (tribunal) hearing to argue why the state was incorrect to deny benefits, for one, or all of the eligible weeks of your claim, or if required by the state, or allowed by some states (depends on the state you’re discussing) to state youre argument and/or send documentation along to request a “re-determination” on whatever the issue used to deny benefits might have been.

Chris

by: Anonymous

Hello I recently filed my initial claim. I filed my first webcert for the week. I accidentally mistakenly checked no for income earned for that week not realizing I was laid off 4/15 an I would like to fix that error if possible before it effects my unemployment insurance thank you. Gotta letter the week after saying I have a disqualification in effect can a phone call overturn this mistake?

It may, if you can get through to the UI dept because that is a common mistake that frequently leads to not only disqualifications, but overpayment determinations should you make the mistake after receiving some benefits.

Chris

by: Anonymous

Hi,
I had to file for EDD due to the corona virus.
timeline dates:

March 14th- Home with reg. illness

March 16th- Quarantined ordered by state, work emailed saying stay home, no work is available till quaranteen lifted.

March 22nd- Applied for unemployment

March 27th- Got let go from job

April 8th- mailed weekly report back to EDD

April 22nd- finally got online, site has been crashing for weeks and there’s no one to talk to. says

Week 1 certification status:
disqualification for week

week 2 certification status:
disqualification for week

Can you please help me understand what I should do next.

Hi,
If you were laid off by employer (via email on 3/16), but let go on 3/27, can you tell what reason you were let go for on 3/27?

by: Anonymous

I was disqualified but the UI is not giving me any answers or sand me another weekly forms what do I have to do to fix this issue??

Hi,
I can’t tell you how to fix your issue with the information you’ve provided.

However, I can tell you if you’ve know the state has denied benefits for the week ending 3/28 and 4/4, you should know the issue of unemployment law being cited as the reason for the finding to deny benefits for those two weeks.

What does your determination state as the cause for denial?

Chris

by: Anonymous

I filed for unemployment I got laid off due to covid 19 I received a email stating I’m disqualified for 2 weeks of my benefits.it says I need to be able to work or look for work I did everything they ask I put down I looked for work I don’t understand why would they disqualify me. This doesn’t make sense.

I also don’t understand that two week disqualification, unless you answered that specific question all states ask every time someone files for continuing benefits, to assure the person is meeting the A&A (able and available) conditional issue for collecting benefits, incorrectly.

Believe me, it happens a lot.

If you’re in California (original question was about CA benefits) I think you may want to check out the EDD’s UIBDG’s info about the issue for the disqualification should you need to appeal to correct the determination, or just request a re-determination with proof the state is wrong.

by: Anonymous

Hi I was fired from my job for “fighting” I never hit the person back and I’m the one who informed management about the situation to avoid any escalation. The job still fired me for misconduct. I reported everything to unemployment including prior incidents that led to my firing. I was assaulted at work and also called a racial slur (note: I removed the actual slur because my ad server won’t serve ads when that and other words appear on a page) by an coworker and threatened to fight him out of emotion that was my final warning before the altercation that lead to my firing.

I noted all these write ups before I was fired to unemployment thinking it will help my cause and see that I was constantly harassed. I filed my unemployment on 8/11/19 and have yet to hear back from unemployment about my determination. what do you think of this?

I’ll tell you what I think.. if the determination might end up allowing, or denying benefits, if you first tell me specifically, what each of the prior warnings were for, as you explained each to the claim adjudicator, since I already know what caused the final incident that resulted in you being terminated and whether the other employee was also fired, or not.

Chris

by: Anonymous

After we had our daughter, I went out on baby bonding paid family leave. After that I contacted my employer to tell them it was done and I could start working again. They told me they gave my post to someone else. I was floating around basically wherever they needed me. They hired me full time and started giving me less than full time hours. I would have to call them for work unless someone called off and they needed me to cover. I applied for unemployment because I was getting less than full time hours. I had my phone interview yesterday. I received benefits later that day. Now I check the mail and have a letter saying I’m ineligible to receive benefits under California code section 1257A beginning until you have filed a claim for each of 02 weeks in which you are otherwise eligible for benefits. What exactly does this mean? Will I still be able to get benefits after two weeks? Should I appeal?

This is what I found when I read section 1257A.

1257.
An individual is also disqualified for unemployment compensation benefits if:

(a) He or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, including, but not limited to, using a false name, false social security number, or other false identification, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division.

That sounds like the denial was caused by some finding of unemployment fraud, vs. a less severe non-fraud reason to deny benefits.

What you say the disqualification says, sounds to me like after you serve a two week penalty (meaning they are removing two weeks of benefits from your total claim balance, but you still have to claim benefits for the EDD to know when you have served the two weeks) you probably should be able to start collecting again.

But then again, I might be wrong, since I don’t know everything.

What I know for certain is this. If you think the EDD is nuts for determining you misrepresented some material fact when claiming benefits AFTER your employer cut your hours to the point you filed to collect even partial benefits and are now penalizing you two of the maximum 26 weeks you may need to collect, the logical thing to do is appeal, especially if you disagree with the determination finding you committed an act of unemployment fraud, when answering questions, either during the interview, or when filing each week until the interview took place.

It makes sense to me you’d claim benefits if your employer decided to stop giving you hours, however if all you tell me is all you know, I would then need to as you, if you think it’s possible your employer may of responded to the EDD that you’re still employed, and making a misrepresentation of their own, either willfully, or ignorantly.

I know how not knowing can cause mistakes, but still, it’s the fraud part, I wouldn’t be standing still for.

Yeah, without knowing more about the details of your case, I say appeal on principle, if you didn’t misrepresent any fact, but maybe your employer did when responding to the notice you filed the claim.

by: Anonymous

Hi Chris, well I received my edd customer number on the 1st of July so that’s when I was able to certify online. Today I received a paper to certify through mail and it said it had to be done by the 30th of June. So technically, yes, I was late on certifying for my benefits but I received the paperwork late. Hopefully they have a way of looking into that because I would have definitely certified on time had a received my customer number earlier.

Hi,

If I learned anything from dealing with state unemployment departments, it was accepting they made plenty of mistakes they didn’t always fess up to. Sometimes, it became necessary for me to prove to a state that they, not I, made some critical mistake that was affecting a client.

Which may explain why, to this day I think of an envelope with a postmark, a fax transmittal, a mail date on some form, as something I might want to potentially scan and email to myself, just in case I have to prove something to someone someday.

Someday I hope to get over the feeling I still need to CMA.

Chris

by: Anonymous

I applied an unemployment last JUNE 2, I Quieted from my work because I’m a full time student. I did certify all week, and I had an Interview last JUNE 26, I haven’t received no mail yet. But I checked online and my certifications our disqualified. What is that mean, that I can’t receive benefits? Is that mean that I disqualified to get a benefit? thank you.

Hi,

Yes, I do think it means you won’t be receiving any benefits.

1. Quitting because you’re a full time student, or to go to school is generally not a good cause reason to collect unemployment.

2. Being a full-time student usually makes a person conditionally ineligible to collect because you’re deemed as being able and available to look for work, or accept suitable work if a job is offered to you while collecting benefits, both of which are conditional eligibility requirements to collect, in addition to quitting for good cause, or being fired for something other than misconduct.

Chris

by: Anonymous

I filed an unemployment claim and then I received an email stating that I needed to certify for benefits for 2 weeks. I was waiting to receive my EDD customer number in the mail and when I did I certified for my benefits.

I received this message Week 1 Certification Status: Disqualification

Week 2 Certification
Status: Disqualification

However, on the website its states that I have a phone interview on 7/10, will it say disqualified until I have my phone interview?

Hi,

I really can’t say what to expect your claim’s status should be, after the phone interview.

If you were waiting on a customer ID # from the state, did that happen to cause you to file late for those two weeks, assuming California has claimants file bi-weekly for continuing benefits?

If this is a new claim, I wouldn’t reasonably expect you to be paid any benefits, until after an eligibility interview takes place.

The exception might be if you filed a “lack of work” claim, an your employer responded in kind and very timely, to the notice sent to them when anyone files a claim against their SUTA.

But, considering you say the EDD website is indicating a disqualification, I would think it should also state the reason for the disqualification, because how else does one know why they might want to appeal a claim determination.

Generally, if someone is waiting for the status of a new claim to change to allowed, or denied benefits, the status is indicated as “pending”.

Generally, when a new claim is filed, it takes about three to six weeks, before one should expect to know if they are allowed to collect, or not.

Regardless, while waiting on the determination that let’s you know if you have been allowed, or denied, it’s very important to file/certify for each week you claim you’re unemployed through no fault of your own in a timely fashion. That way, when the EDD finally says your claim is good to go, you can also expect backpay for those weeks you had to certify and keep waiting for benefits, minus of course, any unpaid waiting week some state require all claimants to serve before benefits begin.

Chris

by: Anonymous

I recently received notice of determination and I was denied of benefits for being sick for 2 weeks but I was overpaid for the first week I was sick. and on the letter it states “You are not eligible to receive benefits under California unemployment insurance code section 1257A beginning 06/16/19 until you have filed claim for each of 06 weeks in which you are otherwise eligible for benefits” I’m not sure if I’m understanding it correctly. I received continued claim form in the mail, do I still have to submit every week? will I get paid? what happens after 6 weeks? do I have to file a claim after 6 weeks or denied from benefits overall? Thank you

Hi,

I should ask a question, because you’re going to have to consider the answer, or at least how to answer the question.. should you appeal this determination.

When you filled out the continuing claim form for the two weeks you were sick, did you claim you were able and available during the week you were “overpaid”?

Other than codes involving a VQ, I usually have to read the code, or some official info. And all because I don’t know how to answer any question, without first identifying the issue affecting benefits.

Here is some eye opening, info regarding your issue under 1257A.

To identify the issue, is the first step for anyone needing to know how or if, one can resolve the issue favorably an appeal of an erroneous determination, or when to live with the consequence of losing six week of benefits for a fraud disqualification after intentionally causing an overpayment of benefits.

If you’re going to serve out those weeks of benefits you must keep filing because that’s also how the state knows when you’ve served your sentence and to remove six weeks of benefits from your claim’s balance of benefits.

One of the first things I read under MI45 in the California UIBDG. is

“Unemployment Insurance Code Section 1257(a) provides an individual is disqualified for unemployment benefits if:

He or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division.”

It packs a punch for me, at least when it comes to how I need to answer your question.

When someone receives a claim determination denying benefits, after the initial one is received, that approved benefits based on the cause for separation, the issue for another denial, is often when a claimant doesn’t, or at least doesn’t appear to be meeting any of the conditional eligibility issues that otherwise affects one’s basic ability, to continue collecting without any interruption, until a new job is found.

To recap.

The six week disqualification prohibits you from collecting benefits for six weeks.

A DQ in this case, is a punishment sentence of sorts which one must serve that time, in addition to the removal of six times a weekly benefit amount from the balance of benefits you have remaining.

Definitely do not stop filing continuing claims, as that’s how the state counts the weeks you’ve served, in addition to your claim balance being reduced.

You can definitely appeal this determination stating you are being denied for intentional unemployment fraud, because sometimes the state is wrong to claim intentional fraud over one mistake, in one week.

And when you can disprove the lack of an intentional willingness, you have effectively converted a finding of unemployment fraud, to a non-fraud finding.

At the very least, I think it’s good for anyone to know the differences between a non-fraud overpayment finding, and an intentional unemployment fraud finding.

Clearly non-fraud overpayment are subject to less severe recovery provisions when it comes to what a state is allowed to do to recoup overpayments. And some states, even have overpayment waivers you may need to check into when caused by a non-fraud situation.

by: Anonymous

I was mailed that I was entitled to benefits from one employer but disqualified from the other What does that mean? Will I only get benefits from one employer or what?

Depends on what state the claim is in, and if the separation causing you to be disqualified from benefits was the last, most recent employer, or the employer you were separated from before, but that employer is still an employer who contributed unemployment taxes during your claim’s base period.

The way most states (if not all) work DQ’s, is if you’re found eligible based on the cause for separation from the last, most recent employer, you can still be disqualified from receiving benefits due to the cause for separation from your former employer.

This is because disqualifications are basically terms and conditions which include earning requirements based on the last, most recent employer. Earnings in new employment are what purge disqualifications of former employment.

For instance: You have been disqualified from benefits because you voluntarily quit your job with employer x without good cause. You are disqualified from benefits until you return to work and earn X times your weekly benefit amount.

At which point, if you were to meet the earning requirement, but again suffer a new separation from a job and the facts find you eligible, Requalifying may be a breeze.

Disqualifications vary widely from state to state. (look for the link to the USDOL chartbooks and it’s the non-monetary eligibility charts that detail disqualifications, state by state and issue)

by: Moses

I opened a claim in California, from 9/24/2017 – 9/22/2018. I began collecting benefits right around October 2017. I found a job in January 8,2018 and was fired on July 25,2018.

I collected 3 weeks of benefits while working. I got a notice to repay back over payment for those 3 weeks I was not suppose to certify while working. I have been paying back at $75 a month since March 2018.

My concern is I recently called to re open my claim and I did get to reopen my claim. I certified for prior 4 weeks (July 29, 2018- August 26, 2018) this Tuesday September 4, 2018 through EDD website.

Today I saw those 4 weeks have a “false statement penalty week” on status of payment column. My question is, how long will I be penalized and do those four weeks payments go towards my overpayment balance? Will I qualify to extend my unemployment benefits claim after the date is it set to expire?

Hi,

Here’s the information provided by the EDD about false statements and disqualifications.

Miscellaneous Section MI45.

Yet I’m going to try to explain the issue of unemployment fraud overpayments differently because I
just don’t get where the logic in play here, is coming from.

Basically, California determines all overpayment to be caused by fraud, or non-fraud reasons.

Overpayments are therefore, subject to individual state’s recovery provisions that explain the consequences for either a fraud, or non-fraud cause for the overpayment.

To put it simply, I think you should count yourself lucky, even if the number of weeks you are currently having to serve, can’t possibly be transferred, to be the means that helps you knock down the amount of money you still owe back to the state, for attempting to collect benefits outside the rules found in the California Unemployment Claimant Handbook.

There’s a whole section on “Understanding the Questions Asked When Certifying for Continued Benefits”. It’s good information, but nonetheless, a claimant’s responsibility to not just follow the rules, but to use the reasoning of a person often mentioned in unemployment hearing decisions, “the reasonable person”.

by: Chris

If you received a determination saying you were disqualified for the week ending 5-19 it should also tell you why (the issue) you were disqualified.

Generally speaking, when someone tells me they’ve been disqualified for only one week, the whys that come to my mind.

1. They may have filed the continuing claim late, for that specified week indicated by the determination.

2. Or, when they filled out the continuing claim form, online, or a paper form, they checked the box indicating they were not able and available to work, or accept a job offer that week.

3. Or, it could be to inform you about the unpaid waiting week, if your state UI law insists on that.

The thing about all claim DETERMINATIONS, whether an initial monetary, or non-monetary separation determination, or those that may come later while someone is collecting benefits, is they aren’t always correct and a state agency can’t simply send a determination to disqualify a person and not tell them the reason why they are being disqualified for one, or more weeks they may otherwise be entitled to.

A determination that comes after the initial claim determinations, can also raise an actual conditional eligibility issue so a claimant, (or a liable for the benefits being paid) knows when they should be feeling quasi-legally aggrieved to appeal a determination.. before finally getting the opportunity to argue the agency’s interpretation of a specific issue(s) was erroneous, at lower level tribunal unemployment hearings,

And yes, an appeal is needed, even if the argument is to get one week of benefits they were entitled to, but denied for a reason that doesn’t fit the facts of the situation.

Like maybe,. a state that still sends out continuing paper claim forms, which I’ve been told by some, arrive late, often enough to be aggravating.

by: Anonymous

I was let go do to lack of work. Now I received the paperwork on the 20th of May, sent it out then received a paper stating from 5-12 to 5-19 not eligible for payment so it says disqualified. Does that mean I’m completely disqualified from payments or just those weeks.

by: Chris

If I’m assuming your situation correctly, my guess, to whether you will be paid any benefits this week, is no. You’re denied benefits based upon this separation from work, unless the appeal hearing results with a reversal of the initial non-monetary claim determination, which you appealed. You were the moving party and you have the burden of proof.

If you see the word appeal, next to only one week in your online UI account, I’d have to assume it’s there because it signifies the state received your appeal that week.

I think “Pending” means, “pending the outcome of the unemployment hearing”. Your appeal is a request for a hearing, so you can explain why the initial determination was wrong to deny benefits, to the tribunal administrative law judge (ALJ).

The reason it’s important to file for benefits while you are still denied the right to collect, is because if you were to win the hearing, you can only be paid benefit backpay, for the weeks you filed a continuing claim for benefits, whether initially approved, or denied benefits.

As far as your employer not mentioning to the EDD their plan was to fire you, it’s because it sounds to me like you did quit in anticipation of being fired.

Since you voluntarily quit Alexander, the distinction you need to make now, is the same as what the employer likely understands about your particular reason for quitting.

Before you attend the appeal hearing understand the difference between quitting in anticipation of being discharged and quitting in lieu ob being discharged.

It’s explained by the EDD when you click the link above.

by: Alexander

So I quit my job due to my employer told me I was going to be fired once they hear from corporate for missing four different days of work. I was then denied benefits because the employer stated I just quit and didn’t state that they told me I was going to be fired pending the word from corporate. I appealed the decision and now my claims say appeal. Today I get an email saying I have weeks to certify for but it was only for one week. I submitted it and instead of it jumping to disqualified it says pending and the others say appeal. So does this mean I will get paid this week I just certified for? I am in Sacramento, CA.

by: Chris

Given you are seeing you’ve been disqualified for weeks online, I would say it’s safe for you to assume there is an initial non-monetary determination floating around somewhere that you haven’t received yet, but need, if you want to appeal.

Is there a way for you to file your appeal to this disqualification online in California, when you see there is a disqualification? Maybe a link to follow, or something like that?

The problem with not receiving and subsequently not being able to appeal any determination, is all appeal rights, explained on a determination, also tell you when your rights expire.

If you appeal late, your appeal letter should also address the issue of a timely appeal with the reason it’s late, and hopefully that reason will also make the point of why filing late is with good cause, to more easily enable the state to find good cause for the late appeal, which would likely be added to a hearing notice, along with the issues asking is the claimant quit with good cause, or was fired for misconduct, or something else.

One needs this determination to appeal, whether sent by mail, or only through an online unemployment account, but if one can’t find any determination anywhere, it’s important you contact the state in a timely fashion, or as soon as you suspect you might be missing something important like the initial denial, to get just your right to appeal back on track, if you want to change the outcome to benefits being approved by a hearing ALJ, (administrative law judge).

by: Anonymous

I was recently fired from my job for missing 2 days even though I had a doctors note to account for it

I applied for UI benefits the same day and have had my phone interview 10 days ago but nothing since… I have filed for 4 weeks total but both times it said disqualification for weeks ending in so and so date. Does this mean I was denied and have not received the letter yet or could it be that they have not made a decision? I’m in CA by the way. Thank you.

by: Anonymous

I HAVE MADE A CLAIM TO UNEMPLOYMENT DO TO HEALTH ISSUES AND NOT BEING ABLE TO PERFORM MY USUAL JOB DUTIES THEY SENT ME AN AWARD LETTER STATING WHAT THE BENEFITS WOULD BE AS WELL AS SENDING THE CONTINUED CLAIM FORM THIS WILL BE MY SECOND IME FILLING OUT AND THEY RETURN IT WITH ANOTHER CONTINUED CLAIM FORM HOWEVER IT STATES NO BENEFITS ARE PAYABLE BECAUSE THE WEEK ENDING 00-00-0000 HAS BEEN APPLIED TO YOUR DISQUALIFICATION SO IM NOT UNDERSTANDING WHY AM I DISQUALIFIED FOR THESE WEEKS AND HOW DO I CORRECT THIS ISSUE NOW THEY SENT ME ANOTHER CONTINUED CLAIM FOR THE MONTH OF OCTOBER. HOW DO I FIND OUT WHAT TO DO

What state is your claim in? Sounds to me like it might be California, but this isn’t the sort of thing to assume, since if I were to answer, I’d probably go to your official unemployment website and find some contact info, so you can ask for what reason you were disqualified.

Chris

by: Chris

I have a few questions regarding your 15 week disqualification for making a false statement to obtain “regular” unemployment benefits.

What state should we be talking about specifically?

And, what do you mean by a pfl claim?

by: Anonymous

Hi

I was penalized 15 weeks for making a false statement for UI.

My question is will the remaining disqualification weeks be assessed to a state disability insurance claim or pfl claim?

by: Anonymous

Hi,

Some background information. This is my second time applying for unemployment. I’ve had an overpayment of benefits about a year ago as well.

I got fired on 10/14 (not for misconduct).I had my phone interview on Nov 1.
I sent my claim for the week ending in 10/19 as well as 10/26. Today in the mail, I got a letter stating the following:

No benefits are payable because the week ending 10/19 has been applied to your disqualification.

No benefits are payable because the week ending in 10/26 has been applied to your disqualification.

I’ve recently mailed the last claim form yesterday.

I want to know, what exactly does this mean? Does this mean I’m not eligible for unemployment? Does this mean I don’t get money for those two weeks since it’s going to my overpayment? Does this mean I need to file an appeal. The letter literally said just that and nothing else.

Thanks :)

I really can’t elaborate an answer because I don’t know what the overpayment disqualification was, nor what type it was (fraud, or non-fraud), or even if this question is in reference to CA unemployment, but the chartbook should help you to understand the situation for yourself.

Chris

by: Anonymous

Hello I had a couple of questions, I have been denied benefits for unemployment, than went for the hearing the judge granted me benefits and back pay, for the weeks I wasn’t working, than I received a letter from edd one week later saying that I was disqualified for the weeks I had been granted back pay, and they gave me no reason due to me being disqualified, what should I do now.am I to expect any benefits at all, and about how long will it take for them to respond to me.. I actually just wrote edd to appeal for the disqualification that I have received.

You did it.

Although, I would of sent along a copy of the hearing decision hoping to luck out and get a redetermination,

Other than this I’m just wondering if there weren’t two determinations with different employers or if you filed continuing claims for all the weeks of back pay awarded by the hearing decision.,

Chris

by: Mike

On Oct. 6 I was let go from my job. I filed the next day, got a letter saying I had been granted UI benefits for $450 a week. It had a 2 week eligibility form for 10-9 to 10-22. I mailed it back the 23rd. Then around the 26th I got a letter for a determination interview the 28th. I had the interview on the 28th. Today 10-31 I received a number of letters in the mail. One states no benefits for week ending 10-15 (ok I get that, its the 1 wk wait period.) One dated 10/28 stating I will be getting my debit card w/i 5 days. And 4 from CA EDD Notice of Determination. These are identical- no difference at all (I even held them layered up to the light and they are exactly identical).

They all state that I am not “eligible under section 1257a beginning 10/30/11 until you have filed a claim for each of 02 weeks in which you are otherwise eligible for benefits.” It is for making false statements. (I mistook fired for cause as = misconduct and laid off for all else. I was wrong.) The former work is not contesting UI benefits.

There are three questions 1- After I “serve” my two weeks, will the benefits start? Or will I have to go through another Determination Interview? 2- Why did I get 4 identical letters? I am afraid that each letter is for a two week period. Or did the person pushing print hit the key 3 extra times? 3- will I loose not just 2 weeks but 4? I am hoping that I will get benefits for 10/16 to 10/30 then two weeks no benefits -(serving time boss, serving time) then back on the program. Please help!

I think you need to read how the process goes down so you can understand the difference between a monetary and a merit determination.

by: Anonymous

am I still eligible to get my unemployment insurance even though they disqualify me for 2 weeks?…I don’t get it!!! my spouse says if I haven’t received any letter about denying of my benefits then I am still eligible..is this true? cuz’ they still sending me claim forms..

Could you do me a favor, please.

Be sure to include the name of state you are collecting from along with the reason you were denied for two weeks.

Requirement of the name of the state is a non-negotiable element to a “question”.

by: Anonymous

I received a letter of “notice of invalid claim” and was scared that I would not receive any more benefits. I gave some false information over the phone claiming that I had worked when I actually had not. I did this thinking my benefits would continue if I made at least 1,300 dollars in one quarter. However, they opened a new claim file for the job I said that I had but did not. after further looking into what the “notice of determination letter” actually meant, it turns out I still do qualify for “extended benefits”. Now I have already given them false information, they started another claim. what will my penalty be for giving false information? and will I be able to go back to my original claim and get extended benefits? Please help me! I am really scared! Thank you so much in advance for your help!

Can’t say a thing, because you didn’t tell me what state you are in. I could guess by doing a little research to find out what states require 1300 to qualify for a “2nd benefit year”, but I’m not going to.

And even then, I would need to know more about why you did such a boneheaded thing.

If you want to follow up, please create your own submission.

Comments should be confined to the original submission and although I do see why you thought your question might be appropriate for a comment here, disqualifications are a subject that definitely depends on which state and the individual’s circumstances.

by: Raynet

I was disqualified for UI benefits on two issues according to my appeal papers. They are using 1253(c) and 1256 for me to address and defend myself on. I am a school employee and have been going to school to get my credential. To make a long story short, I had to do the student teaching because I did not have a job to do it in my own classroom. I took a leave of absence from my job (approved by the Board of ED) to complete my course. I have since returned to work on the 29th of November. How should I defend myself? I have a letter from my professor to my principal that I am returning to work early and doing a part-time stint next year to complete the class. This to me is a good reason to VQ (which I did not do) to complete my coursework to get a job in my district! I have to be “highly qualified according to NCLB enacted by President Bush meaning I need a credential to be a teacher. What do you think?

Well, I quite frankly am confused as to what you think would be a valid appeal.

I’m also confused as to why the EDD even used 1256 since you yourself say you took a “leave of absence” and didn’t really voluntarily quit your job which you are now back to work doing.

One of the basic conditions that must be met to collect is to be able and available for any offered suitable work while unemployed.

You were in fact voluntarily restricting yourself from being available for offered “covered employment” to complete the necessary training as a student teacher.

I do not think it is defensible per California (I assumed it’s CA from the statute numbers.)

by: Anonymous

Disqualified for false statement in AR please help. I went to work and they sent me home…because about a month before that I told them I was thinking about going to school.
When they sent me home I put on my unemployment claim that I was laid off. I have been through the first appeal process and the hearing officer decided that the employer accelerated my departure of quitting however I never quit they sent me home. Is there anything I can do…

Will I ever get any unemployment benefits if my 2nd appeal is denied.

This is my word against the company’s and they are clearly siding with the company.
Can I reapply for benefits, if so should I put fired or quit instead of laid off??

It will have to do with how people manage to disqualify themselves by thinking none of the stuff they put on their claim form or tell the unemployment department will ever be exposed as untrue and how if you have an appeal hearing, and lose, chances have exponentially increased now that a second appeal will fail as well.

You can also read exactly what MY rules are for asking questions or adding comments to an existing submission.

by: Anonymous

I have not received my letter yet but when I called the 800 number to check my benefits it said that I had been disqualified. So when I finally spoke to someone they said that I would be receiving a letter in the mail. What should I do? Does this mean I am not getting my benefits? HELP!

Hi,

That’s what disqualified means, no benefits.

You can appeal the determination or “letter” you receive in the mail. It will have some basic instructions and the deadline.

Make sure you are timely with the appeal.

by: kayla

My fiance was fired a month ago due to misconduct. He yelled at a manager. He got a letter in the mail today stating,

“you were discharged from your job with your most recent bona fide employer for improper actions in connection with the work. your actions showed a disregard for the best interest of your employer and a disqualification is imposed under the South Carolina employment security law, SECTION 41-35-120(2). You are disqualified for 10 weeks. Your maximum benefits are also reduced by 10 times your weekly benefit amount.”

What my question is, after his 10 week disqualification is up, does he need to reapply or will they mail him a check after that point??

Hi,

He needs to continue to file while disqualified, if he isn’t going to appeal.

Once he has served the disqualification period he should be cleared to receive the remaining benefits.

Unlike most states, the USDOL says that SC does not also have a requirement to earn x amount of your weekly benefit amount in addition to the disqualification period.

A disqualification for misconduct in SC can range anywhere from 5 – 26 weeks.

by: daniel

Several months ago I was laid off. My employer told me about 10 times that I was going to be laid off due to the economy. Then on the day, I was terminated my employer said it was for poor performance (I think they were trying to prevent me from getting benefits under 1256 misconduct). When I applied for benefits, I told them I was laid off due to the economy. The EDD sent me a notice of determination saying I had made a false statement under 1257(a) (because I didn’t say I was fired for performance), was disqualified for 5 weeks, etc. The EDD letter also said that I didn’t commit 1256 misconduct. I submitted the Continued Claim Forms for the 5 weeks. Can I just go ahead and reapply for unemployment benefits? Should I say that I was fired for performance even though that’s not true?

Answer
Hi,

The penalty should end after you have submitted a continued claim for each of 5 weeks. So keep filing continuing claims. You must still be able and available for work and actively seeking work.

You should be cleared for benefits starting with week six if it was found that you were not discharged for misconduct and you have served the misrepresentation penalty of five weeks without benefits.

I cannot recall if the disqualification includes the waiting week everyone must serve, but if it doesn’t, benefits should start in week seven.

by: Anonymous

why I am receiving claim forms to be fill so edd could send me a check but, at the top it said week disqualification what does that mean does that mean I’m no getting unemployment insurance please help.

Hi,

Did you receive a determination denying benefits, which you have appealed and are waiting for the hearing?

by: Pearl

I filed for unemployment insurance in august of 2009. they sent me a letter stating I was disqualified because three years ago I was made a false statement because I was working a temp job and received 2 pay checks. I have been disqualified for 15 weeks. they said that I received a letter in 2007 stating that I was disqualified if I applied for unemployment insurance. I never recalled receiving that letter. where does that money go I get the maximum and they are really cleaning up! help me..

What state are you in Pearl? Where does the money go? I suspect it doesn’t go anywhere, it’s money they don’t have to pay out of the fund.

by: Amish

I’m sorry, I didn’t address the FS decision. Of course I appealed it. I truly believe that the average employee would consider leaving under my circumstances a layoff. I surely did. Further, I was informed by 2 managers I could book my ticket back home, as they would not need me moving forward, a few days prior to my last day. That sure sounds like a layoff to me. I am now waiting for an appeal hearing date, which will probably be in 2-3 months. I am disappointed that when I called EDD the first time, I was told I would receive benefits after these 5 weeks, so I only appealed the 5 week FS statement, not the VQ, as nothing about the VQ is in the letter.

PS- If/when I do receive benefits, I’ll kick back on this site. I really appreciate your help. Thanks again.

Amish

by: Amish

The agreement the employer and I had was that I would work the busy part of the Season Pass sales period, which has historically ran April 1st-April 30th. This year, due to the website offloading many calls, our volume was slower than anticipated, the busy part was only the 1st week, which I worked.

Does this help or hurt my case?

The letter states nothing of me being entitled to benefits, but it also does not cite me being denied due to VQ. It just cites the 5 week penalty for FS. Do you think they will send me another determination indicating the VQ?

The thing that gives me concern is that you didn’t appeal the FS determination. It’s too late now and a VQ disqualification requires that you return to work and earn 5 times your established WBA in subsequent work.

If what they considered false was because you said layoff instead of quitting, the only place they could of received that information from is the employer. But if you had appealed you could of addressed the actual realities of the arrangement with the employer, which could have removed the FS disqualification, but you let it stand.

Why?

by: Amish

Do you have an email address I could forward you the determination notice for your viewing. FYI-I did not file for unemployment after leaving in December. The first time I filled was after my April job. If the employer and I agreed that I was just going to be temporary help, does this hurt or help my case?

Regarding the 5 week disqualification. It is my understanding that you could only remove this if you were eligible for benefits in all other ways for those weeks, indicating that I must of been eligible each week for 5 weeks for it to count towards the disqualification lift, no? Thanks again.

Amish,

A disqualification for false statements can’t be lifted or even purged. It can only be served. You would then be eligible “IF otherwise entitled to benefits. Do you have a determination at all which says you are entitled to benefits. Does that false statement determination say anything about you being allowed benefits?

Did you and the employer actually have an agreement for a temporary position only?

You originally said that you quit because the hours were cut back to a possibility of on call work only.

Here’s what I think you’re missing. Even though you didn’t file for UI after you quit last year, the wages from that employment are part of your base period. The state sends out a notice of claim filed to all base period employers and they can protest. A voluntary quit disqualification needs to be purged by returning to work and earning at least 5 times the weekly benefit amount established by the wages in your base period, it is a separate disqualification from the one for false statement.

Now that the false statement disqualification has been served, they will be looking at the reasons for the separations, which are both quits. The first one is without good cause, but it’s possible that you already purge it when you went back to work and earned some money.

Why don’t you tell me what it is you told the state, that they thought was false.

by: Amish

Thanks for your quick response, you’ve already been more help than the EDD call center. On my appeal letter, it cites sections 1257(a) False Statement and subsequently 1260(d)-the penalty I must serve, which is 5 weeks. It mentions nothing about quitting without good reason or what I can do to lift a disqualification for a VQ. I also received 4 weeks of back pay AFTER the phone interview, and do not think I would of received this if I was disqualified under the VQ.

I would have expected them to want me to return the 1 week of benefits I did receive prior to the telephone interview. In your opinion, does being put on call justify payout of benefits? What if the boss and I agreed that I would just help during a set period of time, and that period was over. FYI-I originally did quit my job in December and understand I should not of received benefits then and so did not apply. When I started again in April, it was for a different department, same company, but was there to help during a historically busy period. Thanks again in advance!

HMMMM!!

Why would you have received backpay if disqualified? Did they issue a retermination?

Now you’ve raised the specter of an overpayment.

If during your two week stint with the different department you earned 5 times your weekly benefits amount you would have purged the VQ disqualification from the quit in December. Then when they reduced your hours and you decided to quit this spring, that could be seen as with good cause or if you had remained on call as a possible partial unemployment situation.

If you and the boss agreed to a set time you would help, I’d call that a temporary assignment.

Here’s the thing, the state has no need to issue a nonmonetary determination until you serve the false statement disqualification. When that one is up they would have to issue another determination when you file your continued claim.

I honestly wish I could see your papers. I feel like I’m in a dark room trying to read a phone book without my reading glasses:)