On: May 17, 2023
Who can represent me before the Employment Development Department? In many cases, the person can represent themselves, however, it is permissible to retain representation at your expense. Remember, you can do this alone, or with a qualified and professional representative from the Leading Tax Group on your side. An attorney licensed in California can represent you before the appeals board.
Do I need to give my representative a power of attorney? Yes, the Power of Attorney Declaration Form (DE48) will allow authorization for an individual or other entity to act on your behalf in tax and benefit reporting matters. You can limit the terms of the power of attorney to the needs you have for unemployment. The POA can be submitted online or by mail and you will need to furnish employer information, the representative’s designation by business name, representative’s name, phone number, fax number and address. You can mark it with “General Authorization” or “Specific Declaration” whichever applies. The specific declaration is to represent the employer/taxpayer for any and all tax reporting, benefit reporting, or both matters relating to the reporting period indicated above. If the power of attorney is for any employer it must be signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator or trustee certifying the signer has the authority to execute the form on behalf of the employee or taxpayer.
You can find former IRS tax attorneys and other experienced unemployment tax accountants at Leading Tax Group for EDD Representation. They are qualified to represent you and are knowledgeable on current law with regards to the California Employment Development Department policies and procedures, and how to protect your rightsWhat actions can a representative take on your behalf? A representative can assist you in reopening your claim for unemployment benefits. They can also work with you to file an appeals case in a timely manner so that can receive benefits. If there is a question about you refusing to accept suitable work, they can work with you to resolve the matter. In cases where you receive a 1099-G Form in the mail and suspect someone has stolen your identity filing a fraudulent claim, a representative can help you to resolve the possible identity theft and restore your identity. The authorized representative can represent you and take action on your behalf regarding the earnings withholding order for taxes of the Employment Development Department and represent you in a hearing protesting the order.
When working on your case with unemployed benefits, you can submit an appeal and determine if you should appear for a hearing. There will be a Notice of Hearing sent to the person, which shows the date, time and place of the hearing. The box information on the form is very important because it tells the person to appear in person or by phone. The reason for the hearing is due to the benefits may be in question.
How can my benefits be reduced or denied? The reduction or denial benefits can take place if there is fraud involved, or employer verification cannot be accomplished by the department. To qualify for unemployment benefits, you must meet the minimum amount for of wages within the past 18 months. You must also meet other eligibility requirements such as being unemployed through no fault of your own, be able and available to work, be willing to accept suitable employment and be actively looking for work. The Employment Development Department has the right to question eligibility on any individual who makes a claim for any unemployment benefits. If for some reason, the EDD has denied your benefits, you will receive a Notice of Determination and an appeals form. If you do not meet the 18 months requirement you may be denied benefits.