LAW OFFICE OF ARKADY ITKIN
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EDD Unemployment Benefit Appeals Tips California

Representation in Appeals of Denial of Unemployment Benefits

 
Our office regularly represents terminated employees in appealing a denial of unemployment benefits in front of the California Unemployment Insurance Appeal Board (CUIAB). Our services  include reviewing our clients' documentation supporting their claim, preparing them for an appeal hearing and making sure that they put their best foot forward during the appeal hearing, and that the avoids the common mistakes that may lead to disqualification and denial of unemployment benefits. 

If our client chooses, we can also appear with the claimant and represent him at a hearing. This is especially useful if (1) there is a serious dispute about the reasons for claimant's termination; or if (2) the employer is known to be aggressive about fighting the unemployment benefits claim and they are represented by an attorney who is likely to do what he can to try to attack the claimant at a hearing and discredit him; and, of course, if (3) the claimant is very nervous and does not feel comfortable representing himself at an appeal hearing.   

Two of the most common reasons that unemployment benefits are wrongfully denied are (1) incorrect determination that claimant has been dismissed for "misconduct" when the reason for dismissal did not arise to misconduct level under the law; and (2) incorrectly taking the employer's side who argues that claimant voluntarily resigned from his employment, when it didn't actually happen, and the employee was in fact terminated. 

If you believe that your unemployment benefits have been wrongfully denied, feel free to contact us to discuss whether you should appeal the denial and how we can help you with your appeal. 

Unemployment Benefits and SDI Disability Benefits  

Under the law, you cannot claim both disability benefits and unemployment benefits at the same time because this requires providing inconsistent information. When you apply for unemployment, you certify that you are available for work (i.e. able to work) and you are looking for work while collecting benefits. However, when you apply for SDI disability benefits, you certify that you are unable to work. This is why applying for both types of benefits creates contradiction and often results in receiving a notice of overpayment with possible interest and penalties that they State will expect you to repay. 

In most cases, if you are unable to work, you should claim SDI disability benefits until these benefits are exhausted or until you released to return to work. At that point, you can start claiming unemployment benefits if you otherwise qualify. 


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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case