Wednesday, September 21, 2022

Legal Aid For Unemployment Benefits

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What Are Disqualifying Circumstances For Leaving A Job

Arkansas governor sued over ending pandemic unemployment benefits early

If you were fired for misconduct or you left your job voluntarily and without good cause, you are considered to have left your past job under disqualifying circumstances and are ineligible for unemployment insurance.

But, the Department of Labor will investigate your claim and it not your employer decides whether there was misconduct whether your left the job voluntarily and whether there was a good reason for you to leave your job.

What Happens After I Appeal The Notice Of Overpayment

Once you send EDD the appeal form, EDD will process your appeal, and send your case to the California Unemployment Insurance Appeal Board , an independent agency. Your case will be assigned to an Administrative Law Judge who will reassess your case independently, and determine whether EDD made the right decision in the Notice of Overpayment.

You should look out for a large packet in the mail from the California Unemployment Insurance Appeals Board. Inside the packet will be a Notice of Hearing, which is usually printed on yellow paper. The Notice of Hearing will tell you when and where the hearing for your case will be heard. If you cannot make the hearing, you should immediately call the number of the Office of Appeals listed on the Notice of Hearing, to see if the hearing can be rescheduled.

At the hearing, which will either take place in person or over the phone, you will have the chance to tell your side of the story and explain why you believe you were eligible for benefits and should not be assessed an overpayment.

When You Might Need A Lawyer For Your Unemployment Claim

Filing for unemployment benefits is usually a relatively straightforward procedure. In most states, you can file your claim online. Check your state’s unemployment insurance agency to find out how to apply. If you were laid off from your job, you probably don’t need to consult with a lawyer about applying for benefits.

However, some situations present issues that are more complicated. For example, if your state allows you to file for benefits if you resigned for “good cause,” you may want to find out if quitting to care for an ill family member qualifies as “good cause.” Or, if you were fired for being late to work, you may want to know if this qualifies as “misconduct,” which would disqualify you from receiving benefits. An employment lawyer in your state will be able to answer these kinds of questions.

You may have already filed and received a denial of benefits from your state unemployment insurance agency. If you are considering appealing this decision, you may want to hire a lawyer to represent you in the appeal.

An appeal of an unemployment insurance denial may involve a hearing before an administrative law judge and could even result in a filing with the superior court. Your former employer will likely have its own lawyer’s assistance at this stage , which can involve preparing a “writ” . Although unemployment appeal hearings are less formal than court proceedings, your chances of winning your appeal are greater if you have legal advice.

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Legal Services Program For Individuals

The Legal Services Program serves claimants and small employers regarding an Appeal hearing or Board of Review matter.

Typically, the decisions and orders that are appealed relate to eligibility and chargeability for unemployment insurance benefits, appealable tax determinations, and other matters.

Program Services Include:

  • Up to one hour of free consultation with a LSP attorney regarding your case, and
  • If the attorney determines that you have a valid claim or defense, the LSP attorney will also represent you in an appeal hearing and at the Board of Review.

I Have A Different Issue That Hasnt Been Answered Already

Free Wisconsin Wisconsin Unemployment Benefits Labor Law Poster 2021

31. I need to reopen my claim. How do I do it?

If your benefit year has expired or it has been more than 30 days since the last time you certified benefits, you may need to open a new claim for benefits. You can reopen an unemployment claim online, by phone, or by mail. Reopening a claim is a shorter process than the original application for UI benefits.

32. I received more benefits than I was eligible for. Do I need to pay them back?

Yes. If you received unemployment benefits you were not eligible for , EDD will send you a notice. It is important to repay this benefit overpayment as soon as possible to avoid collection and legal action. You can visit Benefit Overpayment Services to learn how to repay an existing overpayment.

Or, if you disagree with EDDs decision that you were overpaid, you can appeal the overpayment .

If you want to repay any overpaid benefits before receiving a notice, review the following:

  • Benefit check not cashed Return the original check to the EDD.
  • Benefit check cashed Send a personal check, cashiers check, or money order made payable to the EDD.
  • EDD Debit Card If the funds are still on your card, transfer them to your bank account and then repay them by sending a personal check, cashiers check, or money order made payable to the EDD.

Include a letter with the following information:

Mail the payment and letter to:

Employment Development Department Overpayment Center

PO Box 66000

Anaheim, CA 92806

  • Full name.

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What You Need To Know About Discrimination Based On Arrest And Conviction Records

In New York, most employers and agencies can only deny you a job or license because of your criminal conviction if theres a direct connection between the work and the offense or if giving you the job or license would involve an unreasonable risk to people or property. Heres what you should know to prevent wrongful discrimination.

Why Does The Notice Of Overpayment Say That I Have To Pay A Penalty To The Edd What Does This Penalty Mean

Under California law, the EDD can make a claimant pay a penalty if the claimant makes a willful false statement to the EDD in an effort to obtain benefits. This penalty can be up to an additional 30 percent of the amount the EDD believes was wrongfully paid to the claimant. The EDD also usually penalizes a claimant for an alleged false statement by making the claimant ineligible for benefits they would otherwise receive in the future. The claimant could not be able to receive benefits for between 5 and 15 weeks, either during the claimants current period of unemployment, if they are still unemployed, or years later when the claimant becomes unemployed again. These penalties are intended to punish claimants who are trying, through fraud, to get benefits they are not entitled to. But in practice, the EDD regularly imposes false statement penalties when a claimant accidentally made a mistake on one of the many complex forms sent by the EDDand sometimes even when the claimant was telling the truth!

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Who Is Eligible For Unemployment Insurance

You are eligible for unemployment insurance if you meet the following requirements:

  • You left your last job under circumstances that were not disqualifying
  • You earned enough money prior to filing for unemployment benefits: you need to have earned at least $2400 in one of the last five quarters and earned at least half of what you earned in your highest quarter in your base period
  • You are available for work and looking for work.

To Claim Weekly Benefits Or Listen To Benefit Payment Information:

75,000 in DC could see unemployment benefits expire on Saturday

Online:

Its best to claim weekly benefits or obtain benefit payment information online with your NY.GOV ID.

Tel-Service at 581-5812. If you use TTY/TDD, call a relay operator first at 662-1220, and ask the operator to call the Telephone Claims Center at 783-1370. You may claim your weekly benefits Monday through Friday from 7:30am until midnight and from 12:01am on Saturday until midnight on Sunday. You must request payment the first week following the week you wish to initiate a claim or on Sunday at the end of the week that you are claiming. Weekly claims made on Sunday are for the week ending that day.

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Types Of Disability Policies

There are two types of disability policies.

  • Short-term policies may pay for up to two years. Most last for a few months to a year.

  • Long-term policies may pay benefits for a few years or until the disability ends.

Employers who offer coverage may provide short-term coverage, long-term coverage, or both.

If you plan to buy your own policy, shop around and ask:

  • How long do benefits last?

  • How much money will the policy pay?

What Is Unemployment Insurance

If you have recently become unemployed through no fault of your own, you may be eligible for unemployment insurance benefits . UI is an assistance program for temporarily unemployed workers run by the New York State Department of Labor. You do not have to be a U.S. citizen or hold a Green Card to qualify for this benefit, but you must have been working with a valid work permit and currently possess a valid work permit. As long as you are ready, willing, and able to work, you can receive up to 26 weeks of benefits in an amount approximately equal to one-half of your past weekly pay up to a current maximum of $450/week.

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If You Quit Your Job Because Of Covid

Generally, if you quit your job you are not eligible for unemployment benefits. However, under the CARES Act Department of Labor guidelines, you may still qualify if you had to quit your job as a direct result of COVID-19. For example:

  • You tested positive for or were diagnosed with COVID-19 and have now recovered. However, you now have health complications that make it impossible for you to do the core functions of your job, with or without a reasonable accommodation.
  • You tested positive for or were diagnosed with COVID-19 and have been advised by a health care professional to quarantine and you can’t telework.
  • You came into direct contact with someone who tested positive for or was diagnosed with COVID-19 and have been advised by a health care professional to quarantine and you can’t telework.

Will I lose my unemployment if I refuse to return to work or quit because I don’t feel safe going back? The answer is maybe. While the CARES Act has some exceptions for workers directly impacted by COVID-19, if you are asked to return to work and refuse or quit you may lose your unemployment.

To keep your unemployment you would have to show “just cause” to refuse or quit. Simply saying that you are afraid to return to work isn’t enough. To show just cause, you would need to prove that a reasonable person, under similar circumstances, would refuse or quit.

What Should I Do If I Get A Notice Of Overpayment

FREE Virtual CLE: Understanding Unemployment Benefits (Including ...

Almost all claimants should appeal EDDs decision in the Notice of Overpayment by filling out the appeal form that was sent with the Notice of Overpayment, and sending it to the address on the top of the Notice of Overpayment. You can also access the Appeal Form at EDDs website. Because of the additional false statement penalties, it is often worth it to appeal a Notice of Overpayment even if you agree that you were overpaid some amount.

If the Notice of Overpayment was sent along with a Notice of Determination, you should also appeal the Notice of Determination, which is the document that informs you of EDDs decision that you were not eligible for Unemployment Insurance benefits, and the reasons for that decision.

The Appeal Form has a section called Appellant Statement that asks you to Explain the reason for your appeal and why you disagree with the decision. Legal Aid at Work recommends that you keep your written statement very brief you can simply write: I disagree with EDDs decision. I believe I am eligible for benefits and should not have been assessed an overpayment.

If you cannot find the Appeal Form and cannot access it online, send a letter that includes your name, contact information, and social security number, saying that you would like to appeal the decision in a Notice of Overpayment sent to you by the EDD. In the letter, provide the date that the Notice of Overpayment was sent to you.

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What Is A Notice Of Overpayment And Why Did I Get It

A Notice of Overpayment is a document that EDD sends to claimants when EDD believes the claimant received benefits incorrectly. The notice will tell you how much EDD thinks that you need to pay back.

If you do not appeal the Notice of Overpayment and get the decision reversed, you will have to pay this money to the EDD. The EDD may attempt to collect the money you owe by taking money out of your paycheck or tax refund. If the EDD believes you made a willful false statement, you may be penalized by not being able to receive UI benefits in the future when you are otherwise eligible, for example the next time you become unemployed.

Even if you agree with EDD that you received benefits incorrectly, you may still want to appeal if EDD is penalizing you for making a false statement, and you did not intentionally give EDD information that caused the overpayment. It is possible to get the false statement penalties reversed, even if the overpayment itself is correct and you need to pay back EDD for the overpayment amount.

Details Of The Intervention

Researchers conducted a randomized evaluation to test whether an offer of legal services affected the outcomes of unemployment claims appeal cases. When a claimant called HLAB requesting services, HLAB arranged a screening interview during which student-attorneys informed them that they were conducting an evaluation and requested their consent to participate. The study thus measures the impact of the offer on claimants who sought out legal services on their own.

After the claimant consented to participate, researchers randomly assigned the case to either receive an offer of legal assistance or not. In total, 207 cases were randomized between summer 2008 and spring 2010: 78 into treatment and 129 into control. Shortly after the screening interview, HLAB contacted claimants in the treatment group to offer them representation. HLAB provided claimants in the control group with names and telephone numbers of other legal services providers in the area. Researchers tracked the outcome and length of the cases in both groups.

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What You Need To Know About Small Claims Court

The information below is to assist individuals in New York City Small Claims Court. If you are being sued and are in need of legal assistance or have questions about your case, please contact The Legal Aid Societys Consumer Law Project at the Access to Benefits helpline at 888-663 6880 Monday through Friday from 10:00 a.m. to 3:00 p.m. Common types of cases brought in Small Claims Court include Broken Lease Cases, Property Damage Claims, and unreturned security deposits.

How To Get Help

Phoenix law firm offers free legal help during pandemic

The Employment Law Unit assists workers on cases pertaining to wage theft, workplace discrimination, family and medical leave, labor trafficking, and unemployment insurance. For assistance with any of the issues outlined above please call our Access to Benefits helpline at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m.

The Worker Justice Project combats discrimination faced by workers with arrest or conviction records living in New York City. If you have been denied a job or a license because of your arrest or conviction record, email the Worker Justice Project at or call 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m.

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Im In The Process Of Applying For Unemployment Insurance

7. How much could I receive in benefits?

Calculating how much you will receive each week on unemployment is complicated, and depends on your prior earnings and how much you worked during any given week while eligible for benefits. Benefits, before deductions for earnings in a given week, range from $40 to $450 a week. The amount you receive each week in benefits will be your Weekly Benefit Award, which is based on how much you earned during the highest quarter during your base period, which is a year-long period during the last 15-18 months.

Use this calculator to estimate what your weekly UI benefit amount could be, or visit this link for a thorough explanation on how UI benefits are calculated. See Question 22 for more information on how earnings you make while receiving UI benefits are deducted from your weekly benefit amount.

8. When should I apply for unemployment insurance?

You should file your claim as soon as you are out of work or have your hours reduced. Your claim will begin on the Sunday of the week you applied for unemployment. However, you can request to backdate your claim date to the week you became unemployed due to COVID-19. See Question 23 for more information on how to backdate your claim.

9. What documents do I need to apply?

Identity Documents

  • Two primary documents, or
  • One primary and two secondary documents

Employment History

Unemployment Insurance Information

11. How do I answer the provide wages earned by employer question in section 3?

Legal Assistance For Unemployment Benefit Claims In The United States

Legal assistance programs provide free or low-cost legal representation to clients who could not afford the services otherwise. Researchers conducted a randomized evaluation to determine the effects of an offer of legal services on the outcomes of unemployment claims appeals. The offer did not increase a claimantâs chances of winning their case and increased the length of the adjudication process by 16 days on average. The results suggest that client outreach and intake systems, as well as the methods an adjudicatory system uses to generate information it needs to resolve disputes, may be key determinants of the impact of legal assistance.

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