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?

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)
Review disqualification and understand EDD’s side and allegation. The Associate Law Judge (ALJ) is there to review EDD’s action
Fill out your appeal form and briefly state facts of what happened. You can attach additional pages if you need more room.
Make copies of everything -- you never know when things get lost
Mail-in appeal within 30 days of when it was sent (check date on letter)
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

File your appeal on time
If your appeal is filed late, state the reasons
Prepare your case before the hearing
Be prepared on all the issues
If the other side filed the appeal, prepare your case anyway
Analyze the case
Take notice of the notice of hearing
If you have a problem with the date of hearing, promptly request a new date
Subpoena witnesses whose attendance you cannot control
Make an early request for subpoenas or notice to attend
Do not subpoena witness(es) against you
Discuss your witness' testimony before the hearing
Show up on time
When in doubt, present testimony
Present the eyewitness
Present the key document
Summarize voluminous written material
In questioning your witness avoid leading questions
Do not attempt to get your witness to change his or her testimony
Explain technical terms, occupational slang, and strange customs of the trade
On cross examination, do not simply ask the opposing witness to repeat testimony
On cross examination, resist the temptation to rub it in
Resist the urge to fight every point your opponent makes
Do not assume the ALJ knows every law ever enacted
Do not rely solely on another ALJ's decision
Do not base our appeal entirely on an off-the-wall theory
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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Tools & Resources:

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We are now servicing people who have claims that have been stuck for months or those who need assistance with appeals. If you have other questions you can ask in our forum which we check periodically.

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