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What is point of a hearing if evidence was ignored?

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Posted: Tuesday, February 8, 2011 12:00 am | Updated: 6:39 am, Tue Feb 8, 2011.

Over $1,200 was the price I was forced to pay the EDD office for doing nothing wrong. My evidence clearly shows they are responsible for making the mistakes with my application for unemployment benefits — a couple of years ago. Here is my story.

A few years ago, I applied for unemployment benefits, and a follow-up letter from the EDD office was sent showing my information was received and that all the information was correct. Two days later, another letter was sent, but the this time my information was shown incorrectly. The EDD Office claimed I gave this false information the same day I filed with the correct information — but I was still able to receive my unemployment.

A year later, I applied for unemployment benefits again and the same thing happened. This time, the incorrect information made me look like I was an idiot. An example of this incorrect information included me using my last name as the name of the last business I worked for. Huh? This time I was unable to receive benefits.

Unfortunately for me all this was unknown to me because the paperwork was never received, and thus I was unable to respond to it. Recently someone passed away and all of this paperwork, my paperwork, was found amongst his possessions.

To get my day in the EDD’s court, the only thing I could do was file an untimely appeal. I gathered all my proof (recently discovered paperwork) and I went to their court to prove my innocence. What a joke. The untimely appeal allowed this court to ignore my evidence and my reason for being there. I had to use the untimely appeal because I didn’t know about the claims against me. The EDD court decided that this was not a good enough reason for filing late, so I had to pay them over $1,200. Does this seem right?

Anna Thomson

Lodi

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Welcome to the discussion.

15 comments:

  • daniel hutchins posted at 4:59 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    All: Outcome in court is all about standing.

     
  • daniel hutchins posted at 4:58 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Joanne Bobin, and Pat Maple: The difference between some employers might be that large employers know enough about the courts to bond the court, and they might have enough money to do so.

    Pat Maple: If you were referring to construction-type employers, these might not know to bond the court.
    Joane Bobin: You might be referring to employers that do bond the court.

    Another factor to understand might be that if you have a Social Security Number, this is a confession of your standing that you are an employee, and the definition of "employee" has far-reaching consequences, beyond that of being a worker for a corporation earning money.

    An employee having a number of the form xxx-xx-xxxx is an employee for a corporation called, "UNITED STATES." Therefore, you had better do what they say, or you are "fired."

    Then, a small "employer" who is owned and controlled by a single individual who also confessess that (s)he has a SSN, might establish low standing in the eyes of the court.

     
  • Patrick W Maple posted at 4:56 pm on Sat, Feb 12, 2011.

    Pat Maple Posts: 1805

    DH: We objected fiercely. The hearing "judge/officer" noted the objections and then denied them again. We went through the appeals process and was again told that hearsay is admissable. It is NOT admissable in regular court. That is where they get you...$50K to save $45K even if you win. It is the all-powerful EDD and the state's money that you are fighting. Your comment to Anna was spot on.

     
  • daniel hutchins posted at 4:47 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Pat Maple: You wrote, "Who's been in charge of CA for the past 20 or so years??? What kind of judges to they appoint??"

    1) California republic is not the same as "CA" which is a defacto government which took this land by military force. I guess you didn't notice that in my letters 3 months ago.

    2) Judges? What court? These are not of and by the government. Since the land was taken by military force, and the UNITED STATES is defacto, then it makes no sense to ask where the judges came from. They were installed by the corporation.

    Do you vote in the corporation? If yes, then you can't complain. You support the system which you are complaining about.

     
  • daniel hutchins posted at 4:44 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Anna Thomson: Did you see what I wrote below? If there were no objections, then you have nothing to appeal.

     
  • daniel hutchins posted at 4:43 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Patrick Maple: The claimant can object to hearsay testimony.

    Then if the objection is overruled, the claim can be appealed on the basis of the overruled objection.

    In appeals (and I am basing my opinion upon court rules) the claimant can only appeal on the basis of the objections that are stated in the first proceeding. If there were no objections, it is next to impossible to find a basis for appeal.

     
  • daniel hutchins posted at 4:38 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Anna Thomson: Are you registered to vote? If yes, you support the crooked system, merely by your membership in it.

     
  • daniel hutchins posted at 4:38 pm on Sat, Feb 12, 2011.

    daniel hutchins Posts: 1339

    Anna Thomson: You were arguing in their forum, in which you are not privileged to win.

    They probably got you on the local rules, of which you were not aware.

    If you get the rules right, they'd probably find something else that you did wrong.

     
  • Patrick W Maple posted at 6:52 pm on Wed, Feb 9, 2011.

    Pat Maple Posts: 1805

    s

     
  • Patrick W Maple posted at 6:49 pm on Wed, Feb 9, 2011.

    Pat Maple Posts: 1805

    I'm sorry I should have given you a clue to my first big word. Typo: do...not to (find the magic word game) One other thing EDD handle much more than umemployment problems.

     
  • Patrick W Maple posted at 6:43 pm on Wed, Feb 9, 2011.

    Pat Maple Posts: 1805

    Ms Bobin: Your illhucidnation is but hog spit. I have yet to meet an employer (at least in the construction or restaurant industry) that has ever won a case with EDD...were it as you say...the state would be RIFE (big word letters) with money. Who's been in charge of CA for the past 20 or so years??? What kind of judges to they appoint?? You seem to be like most politicians...you know...the guys who play golf in a rock quarry.

     
  • Darrell Baumbach posted at 1:33 pm on Wed, Feb 9, 2011.

    Darrell Baumbach Posts: 9405

    Interesting how a certain person has to ascribe all motives to either the left or the right.

    Actually, I was not referring to “motives” but consequences that result in these types of situations.. Since all laws in existence had to be voted on and approved by the left or right, it is natural that the results of the actions are directly influenced by the legislation… In this case… is it fair??… you have to ask, which party supports legislation that results government entities, like the EDD, having power and control over rules, regulations and fairness that results. Clearly, the left supports government control… the right, private sector… so if this woman supported the left in its legislation, then you should feel that what resulted is fair… and if you supported legislation that opposes big government and its control, you probably should think this is not fair…. Just my opinion.

    Oh… and by the way…interesting how consistently your opinion is left tilted…your opinion on this… “I have found that the administrative judge usually favors the employers' side of the story and either denies benefits or penalizes the employee with and "extended" waiting period”… is a typical perspective the left consistently gives… I wouldn’t have expected you to have any other opinion that what you stated… predictable.

     
  • Joanne Bobin posted at 10:48 am on Wed, Feb 9, 2011.

    Joanne Bobin Posts: 4488

    Interesting how a certain person has to ascribe all motives to either the left or the right.

    Having had to represent a couple of employers, I have found that the administrative judge usually favors the employers' side of the story and either denies benefits or penalizes the employee with and "extended" waiting period.

    These days, with state workers having their hours and wages cut due to furloughs, it just depends on whether you get a person who doesn't give a darn and grants unemployment to anyone, or someone who takes out their misery on the unemployed and examines every tiny bit of information for perceived falsehoods. I've seen two different people with the same circumstances receive two different decisions entirely.

     
  • Patrick W Maple posted at 3:25 pm on Tue, Feb 8, 2011.

    Pat Maple Posts: 1805

    Anna: Try being an employer sometime...the EDD can use hearsay (someone told so-and-so who had learned it from so-and-so who thought he heard it once), false testimony (you must disprove what someone else says) and the big kicker is the "hearing judge" is no more than a lawyer wanting to be a judge...in other words a biased and practicing cumquat.

     
  • Darrell Baumbach posted at 12:19 am on Tue, Feb 8, 2011.

    Darrell Baumbach Posts: 9405

    Its very fair... if you subscribe to the policies supported by the left.... its very unfair if you subscribe to the policies on the right....

     

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