Employment Development Department not paying just because a form was sent in late? Can I fight this?

The Employment Development Department is currently deciding whether or not to grant me between 750 and 2250 dollars of my own money. I may be denied this money because I sent my first claim form in late. The first late form caused the other forms to be sent in late as well.

The phone interviewer seemed very unsympathetic despite the fact that I had tried dozens of times to get through to thier agency. Had I been able to get through, no forms would have had to have been late. Going directly into a local EDD office also proved useless. How can I fight this should they choose not to pay. I refuse to believe that I'm just SOL. I'm getting all my notes together as to phone calls and other attempts to get through as evidence that I tried to contact them.

The agency will have an administrative appeals process. You must find out what it is and follow it exactly, including filing your appeal on time.

You don't say what state, or even what the claim is for, but I'm guessing CA unemployment, so here is a link:

http://www.edd.ca.gov/uirep/uiappind.htm

I would probably try to explain to them what you said. Since EDD received the first claim form late, there was a chain reaction that caused EDD to send out the other claim forms late. EDD will most likely asked you why you sent the first claim form late and the date you sent the first claim form.

An ex co-worker told me about three days ago that he sent his claim form late in the past and he still was awarded his check. He said he told the judge or interviewer that he misplaced his claim form and that's the reason why EDD received his claim form late.

I'm in California and I'm in a similar situation. A judge will look it over in the next couple of days. I might lose an estimated $2,200 If the judge does not rule in my favor. I might lose the money because l believe the judge needs a very good reason for sending a late claim form. I also believe I gave the interviewer a weak reason for sending out the claim form late. Also, my interviewer was showing me attitude and she sounded upset because I was questioning her. I'm a college student and I am rarely a late person because I do not like to give out excuses. Were all human and everybody makes mistakes. I hope the judge rules in your favor and grants you your money. If the judge does not rule in my favor, I'll try to fight it if I am offered the opportunity. I'm not currently attending school I'm hoping I get hired soon so I may put this behind me and move on. Next year I won't make the same mistake twice.