Every claimant who is denied benefits by the Employment Development Department (EDD) is entitled to file an appeal to challenge their decision. Your appeal must be sent to the EDD within 30 days of the date listed on your Notice of Determination. The EDD appeal form is enclosed with your Notice of Determination and can also be found on the EDD's website.
If you have been denied benefits, contact our office today for a free phone consultation and case evaluation for your EDD appeal.
First Level Appeal
After the EDD receives your completed appeal form, your entire case will be forwarded to a different state agency known as the California Unemployment Insurance Appeals Board (CUIAB). The CUIAB is independent from the EDD and has the discretion and authority to affirm or reverse the EDD's decisions.
Once your local CUIAB office receives your case from the EDD, they will eventually send you a Notice of Hearing. The notice will be sent to both you and your former employer. The Notice of Hearing will include several key pieces of information such as the date, time, and location of your hearing as well as the issues which will be considered and discussed. The hearing notice is usually sent to you at least 10 days prior to your hearing.
The first level EDD appeal hearing is conducted by an Administrative Law Judge (ALJ) and will be recorded. Both the claimant and the employer are permitted to introduce evidence into the record during the hearing. Both parties are also able to bring witnesses to provide relevant testimony at the hearing.
It is important for you to understand that most employers are familiar with the EDD appeal process and have likely been through it before. Moreover, in addition to the ALJ, your former employer or their representative will also be able to question you about the facts surrounding your separation. For this reason, you need to be prepared for what to expect at your appeal hearing.
Our EDD appeal attorney recovers benefits for claimants who have been unjustly denied. We provide affordable representation for appeals throughout Southern California.
Please make sure you also understand that claimants are usually only entitled to one and only one first level appeal hearing. If you have already attended a hearing with an ALJ at a CUIAB office location and were still denied benefits, you will likely not be able to have a second hearing. This is exactly why we stress that you seek representation for your first level appeal so that you maximize your chances of recovering your benefits.
You should try to touch base with our office prior to filling out your EDD appeal form. The form will ask you to provide the reasons for why you are appealing your decision and it is therefore best that you have our advice prior to completing this section.
Don't be afraid to call our office and ask questions about our appeal service. Even if you are unsure if you have good facts to be appealing your decision, just contact our EDD appeal lawyer and you will receive free feedback about your case.