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Appeal to CUIAB - April 1, 2021


(This is redacted. The EDD issued an award of PUA monies and then a few days later issued a denial of the award. An appeal was heard before an EDD ALJ and the EDD did not appear. The ALJ decision was not favorable to the claimant. That decision was appealed to the California Unemployment Insurance Appeals Board ("CUIAB"); the appeal to the CUIAB is printed below. The CUIAB has since made a decision. If you need a copy of that decision, please write tainmount@sbcglobal.net and put in the subject line " "Request for copy CUIAB decision".)

 

 

Los Angeles  CA   90035

 (redaacted)

 

 

 

April 1, 2021

 

 

CUIAB

PO Box 944275

Sacramento CA   94244-2750

 

Via Facsimile   916-263-6837 and 310-337-4392

 

AB Case Number 448271

Additional to written argument 4/1/2021

Appeal Notice

A Story of Lust, Greed, and Corruption by Governor Gavin Newsom’s EDD Employees

 

Dear CUIAB:

 

Please include this letter with the appeal on this matter to the CUIAB from a decision of the ALJ. I apologize for the length of this appeal and also for any duplication; this is a stressful and I do not have the time I want to make the proper edits.

 

 

I argue below for the sake of clarity but it is no way intended to be a waiver of my initial argument that the EDD should be bound by the 7/19/20 to 8/10/21 PUA award as it was issued, that the EDD had no authority to falsify an unemployment application on my behalf, that the EDD had no authority to falsely state that I applied saying I was affected by COVID 19 on December 31, 2019, and that the EDD had no legal authority to base its decision on as it admits events December 31, 2019 that precipitated the major disaster.

 

 

 

 

From the Hearing CD

 

 

1:47 The HO starts with the PUA decision instead of the Fed Ed decision. He will admit that in order to apply for PUA, an applicant must first be rejected for the Fed-Ed.

 

1:52 (HO)  The PUA decision states you are not eligible because you indicated in your application that your business, employment, or self employment ended on December 31, 2019 which was prior to the date of January 27, 2020 when the federal government declared the COVID-19 public health emergency.

 

This transcript is meant to be indicative but is not all inclusive.

 

8:35 (GJ) Today I only want to address the PUA, not the Fed Ed.

 

11:58 (HO) Marks exhibit numbers.

 

Exh 1 – Notice of Hearing. 3 pages

Exh 2 – Fax "that my office received from you….December 11, 2020…encloses several documents. 6 pages

Exh 3 – (HO) Memo "between my office and EDD re your request to reopen this matter. Internal document. 2 pages.

Exh 4 – Your (GJ) cover letter dated October 20, 2020. Request to reopen the appeal

. 35 pages.

Exh 5 – EDD internal memo phone talk with EDD Judge September 11, 2020. 1 page

Exh 6 – withdraw appeal via fax. 1 page

Exh 7 – decision dismissing appeal due to withdrawal. 2 pages

Exh 8 – Department initial appeal transmittal document. 2 pages

Exh 9 – Appeal dated Aug 13, 2020. 8 pages total. Includes 7/19 mailed 8/10/22 Notice of PUA Award.

Exh 10 – Notice of denial of Pandemic Employment Assistance. 2 pages. "That is what you appealed from" "In my file, it is followed by a duplicate so I will not mark that". The HO admits the document is not dated (Audio 25:18)

Exh 11 – Printout of application for benefits. 10 pages

Exh 12 – Computer printout from the department. 5 pages

Exh 13 – Dept report called claim information. 2 pages. July 19, 2020.

Exh 14 – Dept report of claim notes. 2 pages

Exh 15 -

 

(HO) "I believe most of the EDD appeal determinations are not dated." (Audio 25:26)

 

16:33 (GJJ) I did not receive copies of the EDD file documents (Likely because of the appeal withdrawal, etc.)

 

18:32 (GJ) "…the EDD submitted the PUA application I assume on my behalf so the PUA application was denied and based on that application--- I never saw the application --- so it is kinda unfair that I never saw a copy of what was submitted on my behalf, and as you say there may be some other documents in there may be some other documents in there but anything of that nature that occurred after the withdrawal of the appeals I do not have copies of those.

 

26:48 (HO) " Let me say this about the awards. It is not unusual that a person will get an award and also maybe at the same time even get a letter of determination from the EDD saying that the person is not eligible for those benefits. The reason is that and maybe the award does not make that all that clear. Awards are always tentative. The EDD always reserves the right to come back later to say that a person is not eligible for those benefits even if they’ve already paid the benefits they could still do that and then ask to pay the money back."

 

28:39 (HO referencing Exh 13) "…in other words, when the department opened up your claim for Pandemic Unemployment Assistance, the PUA, the computer created this document containing various information….the amount that was awarded $167 per week for 39 weeks, here is an important part …from your application, its states last date of work December 31, 2019, and then it says separation reason related to COVID 19, so that’s an excerpt from your application.

 

33:50 (GJ) I inquire about the fax received by EDD on February 5, 2021.

 

34:40 (HO) We will copy this. That will be Exhibit 15. Seven pages.

 

 

 

Note: this begs the question, how does the EDD determine if any of the hundreds of award letters were valid within a day or two of being issued? The EDD does not provide a reasonable or lawful reason for this conduct that occurs within days of each other. In fact, when does the recipient know that the award letter is correct? The HO should be able to provide the statistics to show how many times this has happened in the last six months. Other than lying and cheating on the behalf of the EDD, that does not make any sense. How many applications did EDD employees falsify in order to deny claimants money they were entitled to?

 

 

(HO) "I believe most of the EDD appeal determinations are not dated." (Audio 25:26)

 

 

In order for the EDD to reject me for the EDD PUA, they would have had to establish the reasons I would have had to apply in July 2020 for the PUA monies. The EDD decision is dismissive of the requirements under CFR…..

 

 

 

***********

 

 

At 1:52 the HO never mentions that the EDD had mailed me the PUA award letter. Nor does he ever clarify for the record why I received a PUA denial letter and then shortly thereafter the PUA award letter. The HO never provides CFR or CUIC section that authorizes disqualifying/denying/clarifying the PUA award letter.

 

 

 

 

40:30 (GJ) Testifies that I was allowed to certify even though I was not receiving the PUA monies, thus creating confusion. "I was attempting to get in touch with EDD but I could not get in touch with anyone by phone at that time."  "I could not clarify which was which": the denial of the PUA or the award of the PUA.

 

42:57 (GJ) I thought the PUA award was final. But when I talked to EDD, they said the award was not final. I have been on EDD before, on unemployment, over the years 20 or 30, and I have never gotten an award letter where somebody came later after that award letter and, oh, ‘we are reversing it and we are not going to pay you the money’. If you don’t certify and you don’t do something right on the certification, certainly they are going to cut you off from unemployment, but I never ever received any award letter which was reversed at any stage as EDD is claiming right now.

 

46:41 (GJ testimony) My basis is all records on file and the October 20, 2020 letter/fax and the Feb. 5, 2021 letter/fax to EDD. First, the EDD sent me a letter and the EDD said I applied for unemployment because of work done up to December 31, 2019 and in that application I stated I was affected (interrupted) by COVID-19. (see appeal exhibit page 10-1 for undated notice from EDD re PUA denial). I did not fill out such application and I did not fill out any applications stating that I did any work December 31 where I was affected by COVID or the major disaster. I did not make any statements to that effect. (48:00) The second thing is on May 27, 2020, the EDD issued a decision awarding me the PUEC monies (see exhibit attached to the notice of appeal 4/1/21) …that decision May 27 by the EDD, says that I will get major disaster COVID relief because I was affected by the major disaster which was COVID. The August 10 2020 (mailed) decision from the EDD is another decision that EDD made, EDD said you have been unemployed and you are going to receive benefits because you were affected by the major disaster COVID. Third, I looked at the laws that the EDD used in its decision (of denial of PUA) and they put down the public law and they put down the code of federal regulations….the CFR gives the EDD authority over unemployment that occurs a week after the disaster. Was I unemployed a week after the disaster of January 27? Yes, I was. There is nothing in the Code of Federal Regulations that says anything about if anything was happening to you, if you were unemployed before January 27….there is none of that language in the CFR….I did continue to certify August, September, October, and in those certifications I put down how I was affected by the disaster: could not get to my place of employment, could not get to any place of employment, was there a state, local, or federal order in place ---which there was ---because it was the quarantine---I could not get to work because of the quarantine----so there is nothing in the CFR that EDD has any authority over anything that happens in terms of the PUA before January 27 (2020). EDD is without authority to go back and say, "well, this is what happened to you in December (2019)" because their only authority under CFR is for those who are unemployed a week after the declaration of the (major) disaster. If you read the CFR, it says that the disaster date would be the disaster date that the Governor of California (Gavin Newsom) declared I think March 8. Your (EDD) authority comes from what happened after January 27 (2020),  not before that date. The award letter mailed August 10 (2020)  says all I have to do at that point is certify for benefits, in order to get the PUA monies.

 

Editor note: There is nothing on the May 27 PUA letter of award stating that it is not final for purposes of me getting PUA unemployment monies; there is nothing stating that it is contingent on me receiving any other document from EDD before I certify the EDD award monies.

 

 

 

From other relevant documents

 

  1. California Governor Gavin Newsom issued the state of emergency and stay at home orders March 4, 2020. As of January 25, 2021, the Governor lifted the stay at home orders. The stay at home orders applied to me as a senior citizen at the time of the PUA award.
  2. When the state EDD alleges it in July 2020 applied for Fed-Ed and PUA for me, the major disaster (state of emergency) was still in effect and the EDD was still accepting applications for unemployment as a direct and immediate result of COVID. The immediate and direct effects of the major disaster were still ocurring in July 2020.
  3. One of the EDD employees I spoke with by phone (he is mentioned in one of my letters to Assemblyperson Kamlager) said that the EDD issues the award letter so they can deny it next; he said they do it all the time. The hearing officer September 11 said essentially the same thing. The problem is they did not say it is standard procedure to do it all the time nor did they identify the CUIC law that allows this. I did read up where the award of DUA monies ("d" as in dog) can be disqualified but none of those reasons applied in my case. The award certainly would not be issued within 3 days of the denial; that makes no sense.
  4. The May 27 2020 issued award to me states from EDD: "Notice of Determination for Pandemic Emergency Employment Compensation" which is extension of the regular UI benefits. The notice reads: "This decision is final unless appealed….". There is no indication that the notice can otherwise be reversed or subject to reversal other than through the appeal process. That notice os effective 4/19/20 and mailed 5/27/20 and a similar notice mailed 5/29/20 (the same monies).
  5. The May 27 2020 letter of EDD award arose because I had exhausted unemployment monies. There is no indication given that the award can be revoked because I had filed a previous unemployment claim based on work ending December 31, 2019.
  6. From approximately April 2020 thru July 2020 and to the time of this appeal,  I was unemployed due to the immediate and direct result of the major disaster.
  7. The August 13, 2020 appeal to the EDD (Exhibit 4, page 34) states "I am over aged 65. I have a hearing disability. I have been told to stay at home/self quarantine by a health official, government official, or order to self quarantine." Even though these are valid reasons for unemployment under PUA or DUA and the CFR stated herein, the EDD persists in denying me benefits.
  8. I submitted an EDD certification September 27, 2020, where I stated in answer to questions (1) that my place of employment was closed as a direct result of COVID-19; (2) stay at home or shelter in place order keeps me from reaching place of employment and (3) I have been diagnosed with COVID or am seeking a medical diagnosis. Still the EDD maintains I am denied unemployment benefits.
  9. On Feb 13, 2021, the EDD wrote to the online portal: "The EDD is contacting you because you have collected benefits under the PUA program. We automatically moved you to a PEUC extension with up to an additional 11 weeks of benefits available February 7, 2021." This notice indicates the EDD intent that I was supposed to receive the PUA monies starting August 10, 2020. I have not received those monies. See notice of appeal dated 2/24/21.
  10. The EDD decision of PUA mailed February 18, 2021 states on page 3: " A claimant is not eligible for Pandemic Unemployment Assistance if the claimant became unemployed, partially unemployed or unable to or unavailable for work prior to January 27, 2020." But no such wording occurs in the Public Law and the CFR that the EDD and Hearing Judge uses.
  11. I have read the Fact Sheet from the EDD website entitled "Disaster Unemployment Assistance". There is a section "Disqualification and Termination of DUA" in which is listed 6 categories. None of those six areas correspond to the EDD and HO Judge reason for claiming to disqualify me from EDD PUA benefits.
  12. I have found no legal reasons under the CUIC for the claimed reversal of the PUA August 10, 2020 award.
  13. Under 20 CFR Part 625, there are no grounds stated as to why the EDD/HO revoked the award of PUA monies to me as stated herein.

 

 

 

 

 

 

 

 

Relevant comments based on Exhibits Used at the Hearing September 11, 2021

 

14. Exhibit pages 15-3. Quoting the EDD on issue for appeal: "Is the claimant excluded as a covered individual as the unemployment, partial unemployment, or inability to or unavailability for work began prior to January 27, 2020." My statement here is that the neither the Public Law quoted by the EDD nor the CFR quoted, mention that unemployment that began before January 27, 2020, is excluded. No such wording appears, thus the EDD/Ho are without authority to ask the question.

 

15. The decision of the hearing officer mailed February 18, 2021, presumably for purposes of fraud and corruption, does not give any weight to the awarding of the PUA monies (mailed August 10, 2020). In his decision he otherwise ignores why the PUA award was issued; he does not resolve the conflict between why was the PUA award issued and why was the disqualification —-by the record—-issued before the PUA award was mailed, and why he gives preference to the disqualification rather than the award. This is not explained in the HO decision.

 

16. In the hearing transcript, however, the HO says as quoted above, "Let me say this about the awards. It is not unusual that a person will get an award and also maybe at the same time even get a letter of determination from the EDD saying that the person is not eligible for those benefits. The reason is that and maybe the award does not make that all that clear. Awards are always tentative. The EDD always reserves the right to come back later to say that a person is not eligible for those benefits even if they’ve already paid the benefits they could still do that and then ask to pay the money back."  My view is that the HO in saying that the determination letter may say ineligible, he has failed to explain why the award letter in this case and what is the difference. The EDD letter says that I "self certified" and the letter is effective 7/19/20. However, I did not self certify in regards to COVID before 7/19/20 because there were no self certifications forms available as regards COVID-19. I also could not have submitted an unemployment application for COVID prior to January 27, 2020 because the EDD did not have those forms available. The Mailed 8/10/20 award notice says "Do I need to receive anything else to receive my benefits?" The answer does not indicate that I have to wait for a disqualification or qualification letter. That the notice decision could be "tentative" is never stated or implied.

 

17. The major disaster, while declared on January 27, 2020, was not a one day event but essentially lasted from January 27, 2020, to the lifting of the major disaster in California on January 25, 2021; that time period was the major disaster and immediate effects and that is how people collected unemployment.

 

18. The EDD 7/19/20 mailed notice that I self-certified due to COVID is a false statement on the part of EDD.

 

19. The HO officer states in the mailed Feb 18, 2020 decision that "not the result of a longer chain of events precipitated or exacerbated by the COVID-19 health emergency." CFR 20 section 625.5 ( c ). This CFR proves that the EDD is without authority to use any date or event that occurred before January 27, 2020, i.e the EDD/HO is without authority to claim I was disqualified due to my own acts that precipitated January 27, 2020. The EDD/HO is prohibited from using any events that occurred before January 27, 2020. Precipitate. Defined. cause (an event or situation, typically one that is bad or undesirable) to happen suddenly, unexpectedly, or prematurely.

 

20. I spoke with Stenard from the EDD around October 19, 2020, to determine the purpose of the mailed August 10 PUA award letter. Stenard said the letter was one of "potential" award. She said I would only get the money if I had qualified, which she said I had not. I told her that was not what the letter said. See hearing exhibits 4, page 10. Exh. 4, page 12, indicates a communication from an unknown EDD employee who said that I was disqualified from PUA because my unemployment "began" prior to COVID-19 being declared an emergency. I note that there is no wording in Public Law or the CFR that a claimant is disqualified "because his unemployment began" prior to the major disaster; there is no such wording in the Public Law or CFR quoted by the EDD.

 

21. Exh 4, pages 23, 24, 26, show that I continued to certify for the PUA award and show the claim balance as $6513 and weekly benefit amount $167.00.

 

22. Hearing exhibit 12-1 shows presumed EDD printout that says outcome "disqualified". No mention of the EDD mailed 8/10/20 PUA award letter.

 

23. Hearing exhibit 13-1 also seems to be an EDD printout that says "Award Information" 39 weeks at $167 per week. I have not yet found anything in the CUIC which explains what "award information" is. At the hearing, the HO did not explain what "award information" means to clarify what other EDD employees in the record have described the use of the "award information."

 

24. Hearing exhibit 14-1 claims on 8/4 that there may have been a decision mailed on 8/7 "unemployment began on 12/31/2019 before COVID-19 Public Health Emergency." the exhibit claims that on 8/5 PUA was mailed on 8/10 WBA $167 and MBA $6513. There are no other mailings stated after 8/10, therefore the 8/10 mailed Notice of PUA award is valid and not disputed or reversed by EDD, according to the record.

 

25. Hearing Exhibit 12-5 states Claim status: active, program type DUA, and balance $6513.00 under "Benefits available by program".

 

26. The HO indicates he had added exhibit 15 which is the February 5, 2021 fax of seven pages including cover sheet.

 

 

 

Argument

 

  1. The matter was heard by the EDD ALJ on February 11, 2021.
  2. I testified by phone and gave oral argument at the Feb. 11 hearing.
  3. The ALJ entered into evidence and remarked on the record numerous exhibits including the exhibits awarding me the PUA monies, award effective 7/19/20 and mailed 8/10/20.
  4. The ALJ entered into evidence an undated document from the EDD that denied me the PUA monies.
  5. There is no indication in the EDD 7/19/20 award that such award can be reversed or denied.
  6. The ALJ denied the PUA award.
  7. The ALJ did not quote any legal authority under the state CUIC for the reversal or denial of the PUA award monies. As such, I have been denied the right to appeal from a reversal of the PUA award.
  8. The ALJ did not quote any legal authority under Public Law 116-136, section 2102(a)(2) that gave the EDD or the ALJ the authority to reverse or deny the stated PUA award to me. As such, I have been denied the right to appeal from a reversal of the PUA award.
  9. The ALJ decision states, "A claimant is not eligible for Pandemic Unemployment Assistance if the claimant became unemployed, partially unemployed, or unable to or unavailable for work prior to January 27, 2020, and therefore not as a direct result of the pandemic health emergency." No such wording occurs in the Coronavirus Aid, Relief, and Economic Secuirty Act, Public Law 116-136, section 2102(a(2). The ALJ decision must be reversed.





10.The PUA denial letter as well as the ALJ cite 20 Code of Federal Regulations 625.5 ( c ). The ALJ states in quoting that section, "Unemployment is the direct result the Covid-19 public health emergency where the unemployment is an immediate result of the Covid-19 public health emergency." The ALJ ignores that the Direct result of the major disaster means:
(1)
The physical damage or destruction of the place of employment; *(2) The physical inaccessibility of the place of employment in the major disaster area due to its closure by or at the request of the federal, state or local government, in immediate response to the disaster; or (3) Lack of work, or loss of revenues, provided that, prior to the disaster, the employer, or the business in the case of a self- employed individual, received at least a majority of its revenue or income from an entity in the major disaster area that was either damaged or destroyed in the disaster, or an entity in the major disaster area closed by the federal, state or local government in immediate response to the disaster." The ALJ ignores to examine that the Code of Federal Regulations 625.5 ( c ) is an "either/or" definition. The ALJ decision must be reversed.

 

11. The ALJ ignores 20 CFR section 625.2 (f) "Disaster Assistance Period means the period beginning with the first week following the date the major disaster began, and ending with the 26th week subsequent to the date the major disaster was declared." Thus the disaster relief is not limited to the week or two of the major disaster.

 

12. I was on unemployment by April 2020. When it ran out, in May 2020 I was awarded the PEUC extension which stated "you qualify for the Pandemic Emergency Unemployment Compensation". At that point, I believe EDD has determined that I have been directly and immediately affected by the major disaster. Res judicata.

 

13. The ALJ ignores 20 CFR section 625.5 which states CFR § 625.5 Unemployment caused by a major disaster. (a) Unemployed worker. The unemployment of an unemployed worker is caused by a major disaster if -

(1) The individual has a "week of unemployment" as defined in § 625.2(w)(1) following the "date the major disaster began" as defined in § 625.2(e), and such unemployment is a direct result of the major disaster; or

(2) The individual is unable to reach the place of employment as a direct result of the major disaster; or

(3) The individual was to commence employment and does not have a job or is unable to reach the job as a direct result of
the major disaster; or

(4) The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of the major disaster; or

(5) The individual cannot work because of an injury caused as a direct result of the major disaster.

The ALJ ignores the provisions of CFR section 625.5(a) as it defines unemployment caused by a major disaster. The ALJ decision must be reversed.

14. The ALJ has made a decision that fails to comply with CFR 625.5 ( c ) in that the ALJ fails to address sections (1) (2) (3) but instead refers to a time period before the major disaster occurred, of which the EDD and ALJ have no jurisdiction over events that occurred before the date of the major disaster, i.e. January 27, 2020, and the week after. The 20 CFR 625 (c ) states "Such an individual's unemployment is a direct result of the major disaster if the unemployment resulted from:" and then the EDD and ALJ ignore the rest of the requirements stated in sections (1) (2) and (3). The EDD and ALJ have no authority to as they allege events that occurred December 31, 2019. As the ALJ decision alleges events that occurred before January 27, 2020, not in compliance with the 20 CFR section 625 ( c ), as the ALJ ignores the entirety of 20 CFR section 625.5 and 625.5 ( c ), the ALJ decision must be reversed.

 

Key words used by EDD/ALJ and my answers herein:

Not eligible for PUA if claimant became unemployed prior to Jan. 27, 2020. Is that wording in either law the EDD uses?

No.

Not unemployed as a "direct result of the COVID" if claimant become unemployed prior to January 27, 2020?

Is that wording in either law the EDD uses? No.

 

When was the major disaster declared?

January 27, 2020.

 

 

Was any major disaster declared before January 27, 2020?

No

 

Was I affected by COVID a week after January 27, 2020?

Yes. I was unable to reach the place of employment as a result of the major disaster; I was unable to reach the job as a result of the major disaster; closure by the government.

 

Does either law mention anything that happened before January 27, 2020?

No.

Does the codes mention anything that would have occurred before the major disaster was declared?

No.

Does any of the codes/laws mention the phrase "began prior to January 27, 2020"?

No.

 

Summary

  1. If it appears that EDD filed unemployment claims on my behalf, I have never seen copies of those claims so I was denied due process to question such false claims prepared by the EDD.
  2. I am aware that the EDD issued a disqualification letter , by their records, on August 4, 2020. On August 5, 2020, the EDD issued a PUA award letter which said the only thing I needed to do to get paid was to certify for benefits. Since that time,  I have learned that the EDD arbitrarily, capriciously, and unjustly without notice reversed the decision of the August 10, 2020, mailed PUA award, but did not notify me at the time, a violation of my due process rights.
  3. The EDD and hearing officer, and official documents noted in the record, claim I was disqualified from PUA monies because my "unemployment began" before the COVID-19 stated major disaster on January 27, 2020. The CFR quoted by the EDD does not allow them to consider events that precipitated the January 27, 2020 date. The CFR quoted by the EDD only allows them to consider those claimants unemployed a week after the major disaster was declared. The phrase "began unemployment before the major disaster" does not appear in the CFR.
  4. While the hearing officer maintained that I submitted a claim based on employment to December 31, 2019, and that I made such stating it was due to COVID-19 alleged conditions, and that is his justification for denying me PUA award monies, is contradicted by the fact that the HO presented no evidence that I submitted a claim based on employment December 31, 2019, where I said such claim was due to COVID-19. The HO and those employees aligned with him, have acted in a fraudulent manner as defined here: 43 CFR § 20.510 - Fraud or false statements in a Government matter "An employees shall not, in any matter within the jurisdiction of any department or agency of the United States, knowingly or willfully falsify, conceal or cover up by any trick, scheme, or device a material fact, or make any false, fictitious, fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry (18 U.S.C. 1001).
  5. The EDD did not appear at the February 11, 2021 hearing. It appeared that the HO spoke for the EDD and was unable to provide a hearing that was fair and free from bias.

(Editor: this document has been redacted.)

 

Johnson/Appellant

 

 

How to Get FED-ED

We are identifying those who have collected all of their Pandemic Emergency Unemployment Compensation (PEUC) extension benefits. If you are eligible, we will automatically file your FED-ED extension after you collect all PEUC benefits or after the PEUC extension ends if FED-ED benefits are still available. There is no one-week unpaid waiting period for a FED-ED extension.

After we file your extension, we will mail you a Notice of Determination for Federal-State Extended Duration Benefits (FED-ED Extension) (DE 6330FED-E) within 5-7 days. This notice will include the effective date of the extension, eligibility requirements, and your potential benefit amounts. You will then need to complete the usual bi-weekly certifications to determine eligibility for ongoing payments.

If You’re Not Eligible

If we review your claim and you are not eligible for FED-ED, we will mail you a Notice of Determination for Federal-State Extended Duration Benefits (FED-ED Extension) (DE 6330FED-D) within 5-7 days. This notice will explain why you are not eligible and will include information on how to appeal if you do not agree with the determination.

 

But, if you are not eligible for FED-ED, we will open a Pandemic Unemployment Assistance (PUA) claim for you or reopen your claim if you already had a PUA claim in the past. We will send you a notice of Immediate Action Required – Pandemic Unemployment Assistance Self-Certification (DE 4365PUA). You must verify that you meet PUA eligibility requirements, including that you became unemployed, partially unemployed or unable or unavailable to work due to one of the federally recognized COVID-19 reasons. If you do not complete and return the form within 10 days, your PUA benefits may be delayed or denied. (EDD) **

 

18 U.S. Code § 1621 - Perjury generally

in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

 

** I was never provided the immediate action required form for self certification.





Appeal of EDD Decision


FEBRUARY 5 , 2021

CUIAB
9800 S La Cienega Blvd Suite 901 Inglewood CA 90301

Via FACSIMILE 310-337-4392

Commentary and documents for Hearing February 11, 2021

Case 6688875 (Fed -Ed) Case 6688874 (PUA)

FED - ED

The record shows that I never appealed initially from the Fed-Ed decision. Subsequently I did write that the EDD has no authority to commit fraud by denying a claim saying I had submitted a claim, which I did not submit the Fed-Ed claim. See October 20, 2020 letter package received by the CUIAB on October 21, 2020.18 USC section 1001.

 

PUA

The CSUIB appeal notice states the issue to be considered is:

"Is the claimant excluded as a covered individual as the unemployment, partial unemployment, or inability to or unavailability for work began prior to January 27, 2020."

THE ANSWER:

No. The EDD issued award May 27, 2020 of the PEUC compensation. I was awarded $3,133 because as a covered individual as the unemployment, partial unemployment, or inability to or unavailability for work began after January 27, 2020. The EDD issued a second award to me by letter dated August 10, 2020 awarding me PUA monies of $167 weekly benefit amount because as a covered individual as the unemployment, partial unemployment, or inability to or unavailability for work began after January 27, 2020.

Without waiving that above argument, I elaborate: Certainly res judicata should apply here because the EDD awarded me monies twice (but never paid the PUA monies) saying in writing that my unemployment was caused by a major disaster. The matter was already decided by EDD decision. Further:

  • *  The Fed-Ed and PUA claims filed by the EDD in my name, were filed more than a week after the January 27, 2020 date of the major disaster.

  • *  Based on the EDD undated denial letter for the PUA, it used Public Law section 116-136 section 2102 (a) (2) as well as CFR section 625.5 ( c ). Read together. The Public law section (quoted below) simply establishes the date of the major disaster (COVID-19) as January 27, 2020.

  • *  The next law the EDD uses is CFR which details (below) three results of the direct result of the major disaster: (sic) physical damage or destruction, closure by the government making the workplace inaccessible i.e stay at home orders and quarantines, and entity closed by the government. In this case, all of this would apply to me except for physical destruction.

  • *  CFR 625.2 (f) below establishes (f) Disaster Assistance Period means the period beginning with the first week following the date the major disaster began, and ending with the 26th week subsequent to the date the major disaster was declared. Thus the disaster relief is not limited to the week or two of the major disaster.

  • *  CFR 625.5 (a) establishes "(1) The individual has a "week of unemployment" as defined in § 625.2(w)(1) following the "date the major disaster began" as defined in § 625.2(e), and such unemployment is a direct result of the major disaster; or (2) The individual is unable to reach the place of employment as a direct result of the major disaster...." . This applies in my case because a week after January 27, 2020, I had a week of unemployment after the major disaster began (Governor Newsom began the disaster on March 8, 2020), and I was unable to reach my place of employment (or any place of employment) as a direct result of the major disaster.

  • *  The major disaster was not a one time event that lasted for a few hours. The major disaster is still with us and certainly was with us and affecting me by May 2020 when I was awarded stated COVID relief PEUC monies; the major disaster was still here when I was awarded PUA monies by August 10, 2020.

  • *  The sole purpose of the CARES act (Public Law 116-136) section as quoted by the EDD is to establish a date as to when the government could have authority over major disaster relief. As indicated by the EDD, it is another law, CFR, that establishes the details of how relief is to be applied to the unemployed and what date that unemployment starts, i.e a week after the disaster has been declared. There is no indication in either of the laws quoted that the EDD has the authority to question or rule on any events that occurred before January 27, 2020, because simply the CFR only gives the EDD authority on unemployment that occurs one week after the major disaster has occurred.

  • *  After July 2020, I continued to certify to EDD online of the effect on me of the direct results of the major disaster. 20 CFR section 625.5(a) and 625.5 ( c ) (2) and (3).

    Sincerely,

 

Geary J. Johnson [Signed]

Public Law section 116-136 SEC. 2102.

PANDEMIC UNEMPLOYMENT ASSISTANCE. (a) DEFINITIONS.—In this section: (1) COVID–19.—The term ‘‘COVID–19’’ means the 2019 Novel Coronavirus or 2019-nCoV. (2) COVID–19 PUBLIC HEALTH EMERGENCY.—The term ‘‘COVID–19 public health emergency’’ means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.

This section above addresses when the emergency declared.
The below section addresses what happened one

week after the emergency and its affect.

In no instance does the Public Law or CFR authorize the EDD to go back and make decisions based on an applicant’s unemployment status before January 27, 2020. The CFR is only concerned with the status of the unemployed and the disaster one week after the disaster.

CFR § 625.5 Unemployment caused by a major disaster. (a) Unemployed worker. The unemployment of an unemployed worker is caused by a major disaster if -

(1) The individual has a "week of unemployment" as defined in § 625.2(w)(1) following the "date the major disaster began" as defined in § 625.2(e), and such unemployment is a direct result of the major disaster; or

(2) The individual is unable to reach the place of employment as a direct result of the major disaster; or

(3) The individual was to commence employment and does not have a job or is unable to reach the job as a direct result of
the
major disaster; or

(4) The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of the major disaster; or

(5) The individual cannot work because of an injury caused as a direct result of the major disaster.

CFR 625.5 ( c )

(c) Unemployment is a direct result of the major
disaster.
For the purposes of paragraphs (a)(1) and (b)(1) of this section, a worker's or self-employed individual's unemployment is a direct result of the major disaster where the unemployment is an immediate result of the major disaster itself, and not the result of a longer chain of events precipitated or exacerbated by the disaster. Such an individual's unemployment is a direct result of the major disaster if the unemployment resulted from:

(1) The physical damage or destruction of the place of employment;

*(2) The physical inaccessibility of the place of employment in the major disaster area due to its closure by or at the request of the federal, state or local government, in immediate response to the disaster; or

(3) Lack of work, or loss of revenues, provided that, prior to the disaster, the employer, or the business in the case of a self- employed individual, received at least a majority of its revenue or income from an entity in the major disaster area that was either damaged or destroyed in the disaster, or an entity in
the
major disaster area closed by the federal, state or local government in immediate response to the disaster.

*Government issued stay at home order.

2/5/21 Page 5 of 6 Johnson to CSUIB

CFR 625.2

(w) Week of unemployment means -

(1) For an unemployed worker, any week during which the individual is totally, part-totally, or partially unemployed. A week of total unemployment is a week during which the individual performs no work and earns no wages, or has less than full-time work and earns wages not exceeding the minimum earnings allowance prescribed in the applicable State law. A week of part-total unemployment is a week of otherwise total unemployment during which the individual has odd jobs or subsidiary work and earns wages not exceeding the

maximum earnings allowance prescribed in the applicable State law. A week of partial unemployment is a week during which the individual works less than regular, full-time hours for the individual's regular employer, as a direct result of the major disaster, and earns wages not exceeding the

maximum earnings allowance prescribed by the applicable State law.

(e) Date the major disaster began means the date a major disaster first occurred, as specified in the understanding between the Federal Emergency Management Agency and the Governor of the State in which the major disaster occurred.

(f) Disaster Assistance Period means the period beginning with the first week following the date the major disaster began, and ending with the 26th week subsequent to the date the major disaster was declared.

(Editor Note: This letter was submitted to the CUIAB as part of the appeal package.)

 





Fraud and corruption at

Governor Newsom's

California Employment Development Department

When is a PUA award letter not an award letter?

 

 


Kamlager misleads public on purpose of PUA award letter

 

Re: From the Office of Assemblywoman Sydney Kamlager

 

From: G Johnson (email redacted)  

To: assemblymember.kamlager@assembly.ca.gov

Date: Friday, December 11, 2020, 01:37 PM PST

 

Dear Assemblymember:

 

I hope you don't continue to try to put words in my mouth. That would not be very ladylike.

 

This is a matter of Public Interest.

 

You say that you are pleased to serve me, but I appreciate your help, but for reasons below I call it a "disservice".

 

You speak of the EDD disqualification and claim "you understood the disqualification"; that is not true. I spoke with Jorge yesterday who claimed he worked for the EDD, and not only did I not understand the disqulaification as I told him, I told him I disagreed with it and that it is under appeal and that I hope to take it to the Supreme Court if I have to.

 

Jorge admitted that the actions of the EDD did not comply with 20 CFR section 625.5.

 

Your email to me speaks of disqualification but never mentions the letter award from EDD stating that I qualfied and was awarded the PUA monies. That is a serious misrepresentation on your part because I sent/mentioned to you many times the PUA qualification award letter, so I imagine for purposes of fraud on the Public you now conveniently in your email ignore the PUA award letter.

 

I would like you to refer this matter to the appropriate California legislative oversight committee for the EDD. I would also like you to refer this matter to any department that is investigating fraud on the part of EDD employees.

 

Even though you try to sweep it under the rug as a government employee, you cannot deny the fact that I was issued a PUA denial letter, then a few days later I was issued a PUA award letter. I have been on unemployment before and each time I was either issued an award letter or denied. Once the award letter is issued, the only next step is for me to certify on a two week basis; there are no other steps once the award letter is issued.

 

However yourself and the EDD Jorge and others claim that the PUA award letter is not actually an award letter. Jorge said to me that the PUA Award letter was "not a final decision"; I disagreed with him and asked what would make it "final". He did not respond. Then he said that they have to approve the PUA money before they can take it away and deny it. Kamlager, what kind of bull is this that I have never heard before? Why would EDD approve something so they can deny it, when you could just deny it in the first place? Jorge said  he could not be responsible for when and how letters are mailed out by EDD; well, if he is not responsible, then who is? If he is not a responsible employee, then he should be terminated from employment.

 

I also questioned Jorge's reading of 20 CFR section 625.5 which is what the EDD used to deny me. Jorge quoted words that were not in the law code and said we were interpreting  it differently; I told him he was lying because the words he quoted do not appear int he code, i.e that he is not comprehending English.

 

Kamlager, you do agree with the EDD lie, don't you?

 

I agree that the PUA award was contingent on me certifying, but for thousands of California unemployed like myself, the EDD PUA award letter is considered to be a final decision from my experience. Don't you agree, Kamlager? Jorge said that the PUA award letter was not a final decision. I disagree because the PUA award letter states it is a final decision. If Jorge was correct, or the decision was pending, then the letter would say so, but Jorge and yourself are NOT CORRECT as the PUA award letter does not say it is "pending". How can Jorge be a EDD legislative assistant and cannot read English? How many others unemployed were told this lie, Kamlager?

 

I provide further notes below:

 

By August 1, 2020 I was still suffering the lack of employment as a direct result of COVID-19.

 

I was not allowed by EDD to file an application for the PUA, for one reason I had an open claim. If EDD claims they filed a Fed Ed and PUA application on my behalf, they would have filed it after January 27, 2020, which such application would have qualified me for the PUA award simply because it occurs as a direct and immediate result of the major disaster. The fact is that EDD filed the PUA application on my behalf at least a week after January 27, 2020 since I was still collecting unemployment by the end of April and then extended benefits into July, and EDD said it would file the application after the July unemployment payments ended.

 

If the EDD denial letter claims I applied (they applied) for unemployment based on events prior to 12/31/19, this would be a false statement because I could not possibly file a second claim based on 12/31/19. If EDD filed the application around July 2020, it could not have been based on 12/31/19 since that claim was already open. If EDD filed a PUA application on my behalf in July 2020, it had to be based on the direct and immediate result of the major disaster.

 

The record shows that I did self certify numerous times (attached) after August 2020 that my unemployment then was a direct and immediate result of a major disaster. See attached certification dated 10/11/20. I self certified during the month of August, September, and parts of October. My self certifications show that I was unemployed as a direct and immediate result of the major disaster COVID-19.

 

There is no authority for the EDD under 20 CFR section 625.5 to disqualify me from PUA based on the fact I previously qualified for unemployment benefits prior to January 27, 2020.  The only requirements under 20 CFR section 625.5 is that I had to be unemployed a week after the major disaster of January 27, 2020, which I was, and that by August 1, 2020, I was as a direct and immediate result of the major disaster and quarantine, unable to reach the place of employment, unable to reach the job, my employment positions/businesses were closed at the request of the federal, state, or local governments, or did not have a job.

 

The EDD is further without authority to deny me PUA benefits on August 1, 2020 based on a false claim application they fabricated based on the fact I was unemployed as of 12/31/20. What happened on 12/31/19 has no relevance to what was happening to me between January 28, 2020 and August 1, 2020.

 

 

All rights reserved.

 

Geary "G" Juan Johnson

(address redacted)

Los Angeles  CA   90035

Phone (redacted)

 

cc: Assembly Member Ash Kalra,

Chair of the Committee on Labor and Employment

Assembly Member Heath Flora,

Vice Chair of the Committee on Labor and Employment

916.319.2191 fax






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