You can appeal the decision by sending in the Appeal Form.
- Send the appeal form within 30 days of the date the Notice was sent to you.
- Mail the Appeal Form to the EDD address printed at the top of the Notice of Determination or Overpayment.
- Keep your explanation statement (at the bottom of the Appeal Form) simple: “I disagree with the EDD’s determination” or “I disagree with the EDD’s decisions and would like a judge to review my case” is enough. You will have a chance to fully argue your case later.
- You should have received a copy of the Appeal Form with the Notice of Determination or Notice of Overpayment.
Did you miss the 30-day deadline? You can still appeal the decision.
- If you appeal the decision after the deadline, the EDD is still required to send your case to the agency that reviews appeals.
- When you go before a judge in a hearing on your appeal, you will need to explain why you were not able to send in your appeal on time. The judge will determine whether you had “good cause”, meaning a good reason, for the delay. Good cause can include all different sorts of reasons, including that you had trouble understanding the notice and your rights, that you were dealing with medical issues, or that you did not receive the Notice.
Did you lose the Appeal Form?
- You should have received a copy of the appeal form with the Notice of Determination or Notice of Overpayment. But if you lost it or can’t find it, that’s alright!
- You can print out the appeal form from the EDD’s website: https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de1000m.pdf
- You can also send in a letter to the EDD address listed on the Notice of Determination. The letter should have the following information: (a) Your personal information: name, address, Social Security number, and (b) the statement “I disagree with the EDD’s decision and would like a judge to review my case.”
What happens next? You will have a hearing with a judge from an independent agency called the California Unemployment Insurance Appeals Board (also called the CUIAB).
- The CUIAB will send you a brightly colored Notice of Hearing, with the date of your hearing and information on how to attend the hearing. It’s normal to get multiple Notices of Hearing, with a few different case numbers – this happens if there are multiple legal questions for the judge to decide in your case. But there should only be one combined hearing for the different cases, scheduled for a single day and time.
- The CUIAB should also send you a packet of documents, which is the appeal file for your hearing.
- You have a right to an interpreter in your native language to be present if you wish – call the CUIAB office number in the bottom left corner of the Notice of Hearing, to confirm or request interpretation for your hearing.
How can you prepare for the hearing?
The most important thing is to show up to the hearing, but sometimes there are ways to prepare:
- Collect and submit new evidence or witness statements.
- Review the appeal file to understand why EDD made its decision against you.
- Watch the CUIAB’s video explaining the process, which is available at cuiab.ca.gov and YouTube.
- Prepare and practice your explanation of what happened, so you can explain it to the judge.