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Missed court appearance for California EDD insurance of appeals board

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craig20807

Junior Member
I missed my court date and received a letter in the mail saying the case was dismissed. I received a follow up letter saying that I owe money to be repaid. Since the case was dismissed isn't it over or am I understanding this wrong?
 


Antigone*

Senior Member
I missed my court date and received a letter in the mail saying the case was dismissed. I received a follow up letter saying that I owe money to be repaid. Since the case was dismissed isn't it over or am I understanding this wrong?

Yes the case is over and they did not find in your favor. Since you missed the hearing they ruled against you and now you owe back the money have already recieved with regards to this case.
 

Zigner

Senior Member, Non-Attorney
To be clear, the "case" that is referenced is your appeal. Your appeal was dismissed.
 

craig20807

Junior Member
That makes sense. They sent me another later saying that I've been approved for an extension with benefits, which seems a bit contradictory. I'll file an appeal and see if I can get a new court date.
 

sandyclaus

Senior Member
That makes sense. They sent me another later saying that I've been approved for an extension with benefits, which seems a bit contradictory. I'll file an appeal and see if I can get a new court date.

What was the appeal about? Did it have to do with an overpayment of benefits they said you weren't entitled to, and you said you were? If they're telling you that you have to repay it, you'll have to repay it.

If you've been approved for an extension, that means you qualify to receive those benefits. However, they MAY also come back and say they're going to deduct what you owe from those benefits you would otherwise be eligible to receive. Don't be surprised if/when that happens.

And as for the appeal, you had an appeal hearing scheduled, and for whatever reason chose not to appear. While you can request a 2nd Level Appeal, generally, the Appeals Board does not consider new or additional evidence. However, individuals have 10 days from the date of the confirmation letter to ask to present oral or written arguments and new evidence. The acceptance of any additional evidence is at the Board's discretion. Chances are very good that, if you didn't have a really good reason for not showing up the first time to present your evidence for the initial decision, you may not be afforded another opportunity to present your side.

If it WAS the appeals board that you were already to scheduled to appear before, and failed to do so, then that chance is gone. The decision made by the ALJ will stand, and you won't get a 2nd chance to appeal to them. Individuals who disagree with the Appeals Board's decision, may file a Writ of Mandate to the Superior Court within six months of the mailing date of the Appeals Board's written decision.
 
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craig20807

Junior Member
Appeal was to get another court date. Everything stemmed from me missing a scheduled meeting with them because I had to do some filming. Unfortunately when I go back and try to argue this I don't have any documents to support my filming since there were no contracts signed.
 

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