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Do you get EDD benefits during the appeal process?

My genius brother was laid off from his job in 2008, and collected unemployment and the extensions I guess. He accepted a job in his career, but it didn't last but 3 months. He must have known it was shady or maybe he just wanted the extra money... He didn't declare the wages on the forms he fills out so they found out, of course. They canceled his unemployment which caused him to have to move in with me, but after they received his appeal letter he started getting EDD checks during the appeal process. The first appeal where he went in front of a Judge came back with a negative decision, but I guess there is a State Board and Superior Court appeal left. So, is that right that he gets EDD benefits until the final appeals are heard?

Either he wins the 2nd appeal and the issue is somehow wiped out. I am more curious to figure out what he is going to do long-term as I am worried about him. It's like 9000 in overpayment charges. I can't throw him out as he is my brother, but I'm not going to pay his way either. The job market is terrible so how is everyone surviving these days?

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  • 1 decade ago
    Favorite Answer

    If he is receiving benefits and he is later found to have been ineligible, he not only stops receiving benefits, he has to pay them back what he received. The job market is terrible, but there are always a few jobs out there, even if they are not at the same level of work or pay.

  • 5 years ago

    You are ineligible for unemployment if you are fired "for cause". Both misconduct and incompetence are "for cause", so it really doesn't matter, from an unemployment benefits point of view, whether you were fiddling the books or you just screwed up. Richard

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