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Blogs > Esqxxx_ > Savior Faire!

I think I have the winning case/  

Esqxxx_ 54M
35 posts
2/8/2014 12:01 pm

Last Read:
8/23/2015 2:51 pm
I think I have the winning case/

Ok so here it is now early February, the end of year income tax forms are out....and that was my greatest news.
It all began back in March of 2013, EDD/Unemployment decided that they needed to stop my supplemental benefits and have a Telephone Interview. That was all fine by me since my claim had actually been open since 2010 and was based on my 2009 Work Year. I claim really slowly, basically was working part time and getting benefits the rest. Well the Telephone interview sucked....I even studied for it and prepared my questions. It lasted about 2+hrs and got actually nowhere. I was even told to expect another phone interview in 10 more days (they had scheduled it earlier that morning). When I asked for the supervisor....I got yelled at for asking questions. Well I had my 2nd Telephone interview, and it sucked too....bout an hour on the phone.
Now you know I have been getting benefits for a long time....as well I sell commercial insurance. I am pretty good with insurance. So in a nut shell prior to my second Telephone interview I had zip off a letter to the Adjudicatory office explaining my situation. As for results, well all employees at EDD/Unemployment were now on 1/2 days of phone service and the 2nd half of the day processing claims. As well I had a beautiful 3rd interview with somebody I could actually talk with...this was prior to the decision ever being sent out from the Telephone interviews.
The nutshell of the 3rd Telephone Interview was this....It was explained to me what I would be getting in the mail....(all the stuff the 2nd Phone Interview wanted to throw at me....bitch). That was 12 cases (6 notices of determination for knowledge of fault or fraud on my part, and 6 notices of Over-payment Spanning from 10/1/2012 to 4/1/2013) . Plus one more Re-determination from the 3rd Phone interview, it was basically to clear up all the others.
Well I went to court, and had my hearing....all 12 cases in one shot and the judge heard them basically all as one giant case. Note the Re-determination Notice was never brought up in court. Note as well I had not thought to bring in any proof of my employment, so just about every thing stuck regardless of what I had to say on the subject. Basically I was found to be Willful in my disregard to the rules if not just plane careless. This was mentioned in about 10 of the cases rulings.
Well you may wonder what I was actually doing during that period of time. Actually I was working inside a Farmers Insurance Agency; the Agent of the Year for Personal Sales wanted to start up his Commercial Business, and since for the last 7 years I had worked with the top Agents of the State and Nation (no joke....I had worked with numbers 1-10 as to Presidential & Elite.) So I started with my new boss in about August. Well we were a small agency, but I loved it for it was an opportunity to build a Commercial Business my way, and from scratch. Well basically I only worked 4hr a day and 4 days a week. What I did not count on was the actually expense of building a business from scratch....Now I was the only other employee inside the agency. And come about mid November there was no more money to pay for myself in the books, I would just have to wait until the Jan renewals went through and hope the Commercial Side made money. Well it actually did and I actually got a commission check in December for closing a huge account. Now that did not last long. I enjoyed my work. Well come about February I received my trust fund inheritance money and decided to just spend it w/o telling anybody. So basically as I mentioned earlier the Unemployment checks stopped as well did the Paychecks so again I was living on my trust fund money and loving it. I had actually gotten a lot of old stuff cleared up....since I wasn't getting paid I'd use the office for my benefit as well. Like I said I got some old stuff cleared up like getting the insurance money on my credit card/Visa to actually pay up....$900....etc etc.
Well back to the court hearings....the judge could not believe that I was working for free or even less at my own expense....especially since I was going to work for the same hours. Well those 12 cases I appealed and lost and then I appealed again and lost. Then net cost was about $4,000 that I had to pay back as well as I lost another 3k in material or waiting weeks of punishment....w/o pay. The funny thing is I even sent in my payroll stuff for the appeals, but they did not want to look at them. Well long story short....I now absolutely know that I will not receive any income tax statements from that period of Jan to April, for I was only on a commission based status. So the over-payments can not exist.
Well this fine, and sucks as well. For my only avenue left for judicial review is taking the case to Superior Court. I think it should be an open and shut case. I know this is a sloppy write but I just wanted to get it out.....I will turn this rough draft into something more legible later.

naughtybutniceKL 43M
19 posts
4/22/2014 10:53 pm

 thanks for sharing this.


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