Disability benefits: eligibility determinations: benefit computations: overpayment determinations: appeals.

Existing law authorizes the Employment Development Department to administer the disability compensation program, which provides for the partial compensation for the wage losses suffered by eligible individuals unemployed because of sickness or injury. Existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the determination, which may be extended for good cause. This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the determination has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to within 30 days from mailing or personal service of the determination notice. Existing law generally requires, upon the filing of a claim for disability benefits, the Employment Development Department to promptly make a computation on the claim setting forth the maximum amount of benefits potentially payable during the disability benefit period and the weekly benefit amount and to promptly notify the claimant of the computation. Existing law allows the claimant to, within 20 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation, requires the department to consider any protest and notify the claimant of the recomputation or denial of recomputation, and allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the notice of denial of recomputation, which may be extended for good cause. This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that period allowed to the claimant to protest the accuracy of the computation or recomputation to the department to within 30 days of the mailing or personal service of the notice. The bill would also, commencing March 1, 2018, extend the appeal period to the administrative law judge to within 30 days from mailing or personal service of the notice of denial of recomputation. Under existing law, any person who receives an overpayment of disability benefits is liable for the amount overpaid unless specified conditions apply. Existing law requires the Director of Employment Development to determine the amount of the overpayment and to notify the recipient of the basis of the overpayment determination by mail or personal service, as provided. Existing law allows the person affected to file an appeal to an administrative law judge within 20 days from the date of mailing or serving of the notice of overpayment determination. Existing law requires, after affording reasonable opportunity for a fair hearing, the administrative law judge to make a decision regarding the findings set forth in the overpayment determination notice, and requires that decision to be final unless within 20 days from the date of notification or mailing of the judge's decision a further appeal is initiated to the California Unemployment Insurance Appeals Board, as specified. This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to the administrative law judge to within 30 days of mailing or serving of the determination notice. The bill would also, commencing March 1, 2018, extend the appeal period to the appeals board to within 30 days from the date of notification or mailing of the administrative law judge's decision.