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FAQ's to Appeal

Updated: Feb 9, 2021

Should I appeal?

  • You can appeal decisions within 30 days of a letter, but if you have a good reason for why it‘s later than 30 days, you can state your reason on your late appeal

  • Many have had success contacting their government officials, you can ignore the suggestion if you already tried that and have had no luck

  • Know that it may lengthen the time to get your money because it has to process, but if you are at a loss and there is no progress.... Definitely appeal

What are the steps to appealing?

  1. Check to make sure you were eligible to receive unemployment (for example, if you were willing to accept full time work -- you are not eligible to receive unemployment)

  2. Review disqualification and understand EDD’s side and allegation. The Associate Law Judge (ALJ) is there to review EDD’s action

  3. Fill out your appeal form and briefly state facts of what happened. You can attach additional pages if you need more room.

  4. Make copies of everything -- you never know when things get lost

  5. Mail-in appeal within 30 days of when it was sent (check date on letter)

  6. Prepare yourself for the hearing

When can I file?

You must file 30 days from the mail date of the notice to file a timely appeal, if not you need to state the reason why your appeal is late

How do I prepare for my hearing?

Here is an article of 27 ways you can avoid losing an appeal in detail

  1. File your appeal on time

  2. If your appeal is filed late, state the reasons

  3. Prepare your case before the hearing

  4. Be prepared on all the issues

  5. If the other side filed the appeal, prepare your case anyway

  6. Analyze the case

  7. Take notice of the notice of hearing

  8. If you have a problem with the date of hearing, promptly request a new date

  9. Subpoena witnesses whose attendance you cannot control

  10. Make an early request for subpoenas or notice to attend

  11. Do not subpoena witness(es) against you

  12. Discuss your witness' testimony before the hearing

  13. Show up on time

  14. When in doubt, present testimony

  15. Present the eyewitness

  16. Present the key document

  17. Summarize voluminous written material

  18. In questioning your witness avoid leading questions

  19. Do not attempt to get your witness to change his or her testimony

  20. Explain technical terms, occupational slang, and strange customs of the trade

  21. On cross examination, do not simply ask the opposing witness to repeat testimony

  22. On cross examination, resist the temptation to rub it in

  23. Resist the urge to fight every point your opponent makes

  24. Do not assume the ALJ knows every law ever enacted

  25. Do not rely solely on another ALJ's decision

  26. Do not base our appeal entirely on an off-the-wall theory

  27. When you get stuck, say something

Additional Resources

Website for California Unemployment Insurance Appeals board

EDD page on appeals

Youtube: California Unemployment Insurance Appeals Board Claims and Appeal Process


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