If the California Employment Development Department (EDD) has denied your Unemployment Insurance (UI) benefits, don’t give up. You have the right to file an appeal and present your case. Many claimants win their appeals with the right preparation and understanding of the process. This guide outlines every step, from disagreeing with the initial decision to responding to the appeal outcome.
Disagree With a Notice of Determination
The first step toward an unemployment appeal is disagreeing with a Notice of Determination (DE 1080CZ). This official notice will explain why the EDD denied your benefits. Typically, the EDD denies benefits if your employer fired you for misconduct, you quit your job, or you refuse to accept work. If you believe you don’t fall into these categories, you can file an appeal.
It’s important to understand that the EDD does not always get it right. Many Notices of Determination contain errors in wage reporting, misclassification, or misunderstandings about your separation reason.
If you’re unsure how to assess your denial, check out our article on step-by-step instructions for responding to an EDD denial letter.
You have the right to dispute this decision through an appeal.
File an Appeal Within 30 Days
You must submit your appeal in writing within 30 days of the mailing date on your Notice of Determination and/or Ruling (DE 1080CZ) or Notice of Overpayment (DE 1444CT). An appeal will allow you to present evidence and explain why you should receive benefits.
To appeal, download the Appeal Form (DE 1000M) or use the copy included with your Notice of Determination or Notice of Overpayment. If you don’t have access to an appeal form, you can submit a letter to appeal. Mail your appeal form or letter to the address at the top of your Notice of Determination. If you need the mailing address or a copy of your Notice of Determination or Notice of Overpayment, send the message through your UI Online account, or visit an America’s Job Center of California (AJCC) location.
When you submit an appeal, be sure to explain your reasons for appealing. Include all details, documents, and evidence you want the EDD to review. In some cases, based on the information you provide, we may change a disqualification and find you eligible for benefits. This would eliminate the need for an appeal.
How to File
To start, complete the Appeal Form (DE 1000M). This one-page form requires:
- Personal information (full name, address, phone number)
- Social Security number
- Claimant ID or SSN
- Reason for your appeal
- Signature and date
- Name and mailing address of any person representing you
- The decision you are appealing
- Details, documents, and evidence supporting your appeal
- Any request for language assistance or special accommodations
You can submit it by mail, fax, or online using your UI Online account.
What If You’re Late?
Late appeals are still accepted if you include a written explanation of the delay. The EDD will evaluate whether the cause is reasonable under state law.You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the deadline. An ALJ will review your reasons for missing the appeal deadline. If the ALJ decides that you had good cause for missing the appeal deadline, the ALJ will continue to review your appeal.
What To Do While Waiting for an Official Hearing
While you wait for the Office of Appeals to give you an official hearing date, you should hire an unemployment appeal lawyer—they can help you gather evidence and present your case. Dealing with the EDD is challenging, so you’ll need an experienced lawyer to advocate for you. They can give you legal advice and navigate your case.
Continue Certifying for Benefits
Even after you appeal, if you are still eligible, keep certifying for weeks when you meet other eligibility requirements. EDD allows this, so you don’t lose out unnecessarily.
Register with the MyAppeal Portal
When your appeal is accepted, EDD or CUIAB will send an acknowledgment letter. You can use that to register with myAppeal, the online portal. Through it, you can:
- View your case file
- Get your Notice of Hearing details
- Upload additional evidence if allowed
- Track your appeal status
Using myAppeal helps you stay on top of deadlines.
Gather and Organize Evidence
While you wait, you should assemble:
- All documents you submitted originally
- Any additional pay stubs, bank statements, emails or letters from your employer
- Witness statements if others saw or know about what happened
- Proof of any efforts that support your claim (e.g. job search, attempts to communicate)
Legal Representation Matters
Although you can represent yourself, many claimants benefit from working with an attorney—especially in complex cases. If you’re unsure whether legal support is right for you, we recommend reading our guide on how an EDD appeals lawyer improves your chances.
Agree or Disagree With the Appeal Decision
After the hearing, the ALJ issues a written decision within a few weeks. The decision will:
- Uphold or reverse the EDD’s determination
- Explain the judge’s reasoning
- Advise you of your further appeal rights
If You Agree with the Decision
If the decision is in your favor, you may start receiving back payments. The EDD typically processes this within 10 business days unless there’s an administrative hold.
If You Disagree
If the judge rules against you, don’t give up. You can file a second-level appeal with the California Unemployment Insurance Appeals Board (CUIAB). This is different from the ALJ hearing and involves a formal board review of your case.
Read our article on second-level EDD appeals to understand how the process works and how to submit additional arguments.
Conclusion
We hope our quick guide to the EDD unemployment appeal process has helped you better understand the necessary steps. If you’re thinking about filing an appeal and you need an appeal lawyer, contact Pershing Square Law Firm. We’re a team of lawyers who can help you navigate your case. Call us today for a free consultation.