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Hey, guys, it’s Ginny Silver. Yesterday, the California Edd issued a Press release wherein they made a statement that claimants who have pending payments would begin to get those pending payments automatically paid out starting on July 23 Rd and going forward over the upcoming weeks had stated that claimants who are stuck in pending.
for two or more weeks would receive their pending payments automatically pushed to paid as long as they had received at least one unemployment payout on their claims previously. Now, the EDD’s press release yesterday on July 22 Nd, shared this conditional payment program. It outlines the details it’s stated, who does and does not.
qualify and when the payments would start. But what the press release failed to include was key details in information about this conditional pay program. Today, I want to share with you why this change came about who is responsible for getting this changed and forgetting your pending payments pushed to paid and some additional.
important details about the program. Edd Director Rita Sand stated, We know many claimants who cleared fraud filters and verified identity have been waiting too long for payment. In response, we are launching a new program that will help many Californians get benefits faster. There’s a lot of information available about this program.
which is not shared by the Edd in their press. Really? I want to share with you all of the documentation that surrounds this because there is a significant amount of details that were not published. Additionally, I’m going to share with you a Zoom interview about the attorney who has caused this chain..
Attorney Daniella Urban is the director for the Center of Workers Rights, a nonprofit organization dedicated to providing legal and advocacy assistance to low income workers. In February of 2021, the Center for Workers Rights informed the Edd of its intent to file dedication to remedy what the Center for Workers Rights alleged as EDD’s violations of.
the rights of claimants in continued claim status whose benefits Edd had stopped. Now the California Edd is subject to following the Department of Labor’s guidance in terms of how to carry out their unemployment programs, the Department of Labor issues UPL notices in which they state exactly how, when, and to what extent the States.
are able to carry out and implement these programs. In April of 2021, the Department of Labor issued a IPL directive in which it confirmed something that was already issued. In an earlier notice, the Department of Labor stated that where the state agency identifies an eligibility issue concerning the individual and continuing their claim status, the state.
may pause payment while verifying a claimant identity only as long as the determination is timely. They stated that for continued claims, timely payment, ie, when payment is due, means that a determination is made no later than the end of the week the following week in which the issue is detected. If the decision is not issued timely, the state must continue.
to pay the continued claim and issue a determination as soon as administratively feasible after payment is made. Now, the California and has been in violation of this direct guidance from the Department of Labor in terms of paying out people in a timely manner for claimants who were already noted as being eligible, who passed all required eligibility.
requirements in order to get their claim approved, payments that were stuck in pending and were not able to be resolved within that time frame. Based on the Department of Labor guidance that was issued back in April and in fact was issued even early than that in a previous year, the Edd is not allowed to do that..
Daniela Urban from the Center for Workers Rights filed a class action lawsuit against the Edd for this violation, which has now resulted in a class action settlement agreement. The settlement agreement is still in the process of being finalized, but the Edd has been implementing it immediately because both parties have come to their own agreement..
The Egg did not include several key pieces of information that were agreed upon in the settlement, which are important to know as you move forward with your pending payments. I was able to speak with Daniella Urban today about this settlement agreement and the conditional payments that will be applied to pending certifications..
This is impacted so much more than just simply receiving payments that are due. Many of my subscribers are facing life long consequences as a result of some of these delays. Some of these struggles that they’re experiencing as they’re navigating the Edd system, the Department of Labor, we know that they issue the IPL notices with the guidance to the.
States on how to implement the programs. They had issued that one particular UIP notice back in I believe it was April which specifically stated in it the timely manner that they must be paid and kind of the basis for this settlement agreement, as you reference in that document. What was the delay there between the Edd receiving that guidance.
from the Department of Labor in April and now only in July, moving towards a resolution? So the Department of Labor guidance interpreted a prior guidance from them from 2,001 or 2,001. And so we although certainly there is much clarity in the 2,021 guidance, we believe that this was actually required.
by law before that issuance of that guidance in terms of Edd delay. I think once that guidance came out, they got the wheels in motion to make sure that these payments began. We were in discussion with them about the roll out during that time period, and I wanted to make sure that the program was rolled out with as little negative impact on claimants.
as possible. Certainly one of the big risks for claimants in conditional payments is overpayments, and we wanted to make sure that Edd was not trying to collect over payments later on if claimants hadn’t received proper notice of these conditional payments. So making sure that all of those protections were in place.
was really important. Okay. Well, thank you for sharing that information. I appreciate that. Now, the settlement gives a time frame within your settlement document beginning on July 22? Nd and no later than September 30 th 2021. Can you clarify for me, does that refer to the date that these pending payments would start to be changed, or does.
that refer to an overall period in which they must be changed with September 30 th being a deadline? Yeah. So all of the payments that the settlement agreement authorizes or requires Edd to make need to be made by September, as well as the ongoing change of procedures. So we have sort of this initial catch up stage where Edd,.
starting yesterday, began making payments on it claims and continued claim status that had at least one week paid and had been more than two weeks pending. So all of those are starting to be processed now and then throughout this next time period until the 30 th, the backlog of those should be cleared..
And Ed, who should have in place its procedures to continue to do the conditional payments on any eligibility that arise from now until the end of time. Right. This is an ongoing new procedure. Okay. So that’s great information that by September 30 th claimants should expect to have their pending move to pay as long as.
they meet the criteria which was expressed, which was two weeks in pending or longer. And they are eligible for benefits, meaning they’re not back to work, they’re not cleaned as excessive or earnings, as well as the other requirements that were listed. Now, with that being said, we have a hard time trusting the.
Edd. Our claimants are experiencing the downfalls of the technology, the shortcomings with their internal systems, the Glitches that tend to arrive very frequently. How much faith do you have in the Edd in delivering on this and ensuring that claimants are processed without leaving anyone out? Okay..
So the intent of Edd is truly to pay everybody. So there are sometimes when they’re rolling out programs where I don’t have confidence that they are trying to really make it broad. But in our discussions, they have identified and we agree with the orbit of people that should be covered. And now it’s just about making sure that all of those folks.
are captured. There’s some unpredictable elements because of the old technology, because the way they have to sort of write these formulas to capture people and just a variety of eligibility issues. Although Edd hasn’t said that specifically, I know just from looking from claiming so many claims, I think that there.
could be subsets of people where they haven’t factored that in. And so we’re going to have to make sure that they get captured. We are working closely with Edd. So that settlement agreement, we have a three month period right now where we are not going to engage in additional litigation to not only work out other issues that we identified.
and have been in discussions with, but also to make sure that some of the due process protection that we established in this settlement agreement are fully carried out because they don’t want to be in breach of this agreement. We’re asking a judge to make it a court ordered settlement, which means they would be bound by it by the court..
And we’ll be in that process still while they’re rolling out this program. So they have a huge incentive to comply. It’s also why we’re trying to get to work out. And it’s great to talk to you about this, because if claimants in starting mid August are really not seeing any movement on their claims, we’re going to want to start looking at.
why those claimants have not been identified. There are a few groups of claimants that we know will sort of be later in the process because they are in specific categories with group to this one. We know our work share. Okay. And then another one is claimants who did their reapplication for benefits of the end of the benefits here and then..
But who qualified for PUC on their quarter wage reviews, they are currently in pending status on their new claim because of a number of issues. So it could be their wages could be eligibility for their separation of work from their most recent employer. But because they have that PUC qualification from before,.
we argue. And I think Edd now agrees that they should at least be paid on their PUC claim, even while their eligibility for their new claim is under review. Can you briefly outline what order they might be paying out these pending payments in? Yeah. For the first stage of clearing the pending status, which.
is for the main group of UI claimants who have eligibility issues on continued claims. There is no particular division. They have to divide them in batches, because I think as you’ve covered before, Ed can only process so many payments on a particular day, and that’s why they had to do it that way. So if the system has allowed them to pay them all at once,.
they would have just done that. There’s nothing different about them or nothing that needs to be done in the interim to clear those payments, and that’s so it’s being carried out now, and that’s the largest group. It’s happening now. So I don’t even have a clear number from them right now. And how many days it’s going to take to get through this.
main batch? So you are in communication with the Edd about updates from this process. What exactly are they sending you over? And how detailed is that information? And is that information that you’re going to be sharing publicly? So because we’re doing this through informal negotiations, as opposed to the discovery process and litigation, which.
is the alternative, and if we’re not able to, how do we not reach resolution is where we would have gone. The information Edd provides is mostly for contact as to why they can or can’t agree to something that we’ve requested. Now in the settlement agreement, there is a class that States but is no process..
No point in the process is a claimant required to contact the Edd by phone in order to receive these conditional payments. If I’m quoting that correctly, can you talk a little bit about that? We all know that for many, they go into pending, they certify for their benefits. They are eligible within their benefit year or on an approved.
extension. They see that pending status and the Edd does not reach out and does not tell them why. This is the case for many different stop Payment alerts. New quarter wage review is a current big problem with this and many other issues. But Unfortunately, the clearance don’t get any information from the Edd directly, and they don’t get those pending payments.
solved in most cases unless they are able to call the Edd. Now, calling in to the Edd is its own problem because the call centers are so jammed that claimants are trying to dial in for days and some weeks and some even months. So can you explain to me a little bit about what this settlement States in terms of the claimants not being required to contact.
Edd in order to receive payments? The idea behind this is exactly as you stated, there is simply no reliable phone access for claimant to resolve issues. So when we talk about due process requirements and the opportunity to respond to Edd with information which is the basis of many of our claims in the lawsuit, you can’t have a mechanism.
to respond that doesn’t work. And so we wanted to make sure that Edd understood that they couldn’t just put their phone number on a notice and say, Well, you can provide your eligibility information by calling this number because that is not a reasonable way for a claim it to respond with all of the requirements within the settlement..
There has to be an alteration alternative mechanism for communicating with Edd or Edd must set a window of time where they’re going to call the claimant, which is usually the phone eligibility interview process, so that will remain at least for now, as the main way the eligibility issues will be resolved..
The wait time for those is more than 10 weeks, but at least now people will be paid during that time period. Now many are subject to a New quarter wage review where if they have their claim older than a year in their UI, use your feed. Their claim has reached the end of their benefit year. The Edd is requiring them to answer a few questions in order.
to maintain their eligibility. Is that group of payments going to also be included in these conditional payments, providing that they meet those requirements and they’ve been pending over two weeks. Yeah. They should be part of the pending status if it’s a continued eligibility issue, and if they would..
If the question is either whether they’re qualifying for a new claim or qualifying on an extension, they should be able to get the extension. Well, the eligibility for the new claim is reviewed, so these claimants should be included. It’s likely not going to be because the program end date is still scheduled for September..
It will likely just be a onetime inclusion because that’s a pandemic related eligibility issue, as opposed to reporting earnings or having gone back to work for a day or two and having them assess your continued eligibility or being sick, which are ongoing eligibility issues that post pandemic will remain in effect..
So for claimants who have a pending status, many of them have been pending for quite some time. As you are well aware, many of them are in need of their benefits. We now have this order that they are going to be processing these payments automatically for those who meet the criteria, but some might not be able to wait up until.
September. Is it your advice your opinion that they should wait as long as possible for these to be done automatically? Or do you still feel that claimants should be calling into customer service and trying to get those processed and that they should still be contacting their Assembly members as well? That’s a great question..
I think in the next couple of weeks. So these first two weeks, I would have them wait. And if they’re in the first big batch batches that are being run now, the majority of folks should be paid in the next couple of weeks when we start getting further into August. If folks are in that desperation, Yes, go through your Assembly.
member call, whatever you need to do. Hopefully at that point, unless folks will have been paid that the call wait will start to decrease. Fingers crossed. Maybe it’s certainly not a guarantee, but it could happen, and then it will at least be easier to get through. And this is not speeding up those eligibility determination..
So one of the the issues is that some claimants are not going to receive that phone eligibility interview notice until after they stopped receiving benefits, but they need to respond. And I wanted to get that word out. You need to respond to notices from Edd, even if it’s after you’ve received with claimants who are reaching the end of.
one claim, who had to file a new claim, who are awarded a new claim. They have some pending certifications on the old claim, some pending certifications on the new claim. How do you anticipate that being orchestrated in terms of payout, or they’re going to see some payments come through first and then others paid out later on?.
Do you anticipate them to be all done in one batch? Do you anticipate any problems with those older payments being moved to perhaps not paid or disqualified and then being overlooked. Yeah, this one I don’t have an answer to yet. Certainly we are equally concerned about this. As you I’m sure have seen, the handling of the reapplication.
process was not smooth misinformation provided by Edd as to who would automatically be processed when they would automatically be processed, then problems with those automatic processing of the extensions for those who did just many, many avoidable, in my opinion, issues with that process. And so we are definitely aware of that..
And don’t I don’t want to say too soon whether how those are going to be handled, because we haven’t gotten to the level of detail with Edd on those issues yet to know we have claimants who have suffered damages from this, who have credit card debt, who have credit ruins, who have bills unpaid resulting.
in late fees, et cetera. Now, I’ve spoken with a different Edd related attorney previously. I’m not sure if you saw that segment or not, and I asked him if claimants were able to Sue the Edd in order to collect damages. His answer was that he did not believe that that was likely. He did not specialize in class action lawsuits, but he believed.
that the government immunity from civil liability civil damages. You’ll have to correct me on that. Phrasing would not allow claimants to Sue and collect damages from the Edd. Can you explain maybe the difference in what you’re doing here and if claimants are able to collect damages in some way? Yeah..
So our resolution is asking for what’s called injunctive relief, which is not a payment for a damage, but is a change in procedures from Edd. So the change is requested are simply to change any of these procedures, as opposed to a monetary you must pay this amount to each claimant because of what you did..
So that is what was done in this settlement asked for damages at this point because we wanted our main goal was to get people paid, and the faster we could get that people paid, the better. And we didn’t want to worry about the damages element while trying to get resolution for people who are currently facing.
the issue. Now, there’s still to be discussed with Add as to what to do for claimants who face this issue before and didn’t receive their proper notice or didn’t receive payments on time. That’s still to be discussed with Edd. Okay. So is it a possibility for claimants to pursue collecting damages from Edd, or is that something that is out of the.
question? So the damages, there’s some remedies that could be done, but it’s unlikely that that a court would find that Edd has to pay a claim. It for the impact of their mistake. So I don’t want to say it’s not impossible, but it’s unlikely. Okay. Thank you for clarifying that. So the pending issues are extremely important, extremely.
urgent. You’ve made amazing progress in getting this moving, and it’s extremely, extremely beneficial for claimants that your agency has taken this on, that you’ve been Proactive about. Disney essentially made this change for all of these claimants to now receive their payments. Does your Center have any other projects, any other issues.
that you are working on next with the Edd? We have a long list of issues that we’re working on with Edd. So out of our weekly advocates meeting, it’s about 40 common issues that we’ve identified that we hope to resolve. And then in the additional negotiations over the next three months during the litigation hiatus, we have some outstanding.
issues that we identified in our initial communications with them that have not been resolved yet. But we have agreed not to litigate on while we keep working with them over these next three months. Daniel, I just want to thank you, thank you so much for your time today, but thank you so much for advocating for these.