When the EDD (Employment Development Department) denies your unemployment benefits, you can fight back and file an appeal. And hopefully, you’ll receive the benefits you deserve. If you’re curious about the steps of an appeal, here’s a quick guide to the EDD unemployment appeal process.
Disagree With a Notice of Determination
The first step toward an unemployment appeal is disagreeing with a notice of determination. 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.
File an Appeal Within 30 Days
You must file an appeal within 30 days of receiving the notice of determination. An appeal will allow you to present evidence and explain why you should receive benefits. When you file, the Office of Appeals will review your information (reviews take 4 to 6 weeks), and they’ll schedule a hearing. During the filing process, it’s best to present accurate documents to avoid your case being thrown out or delayed.
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.
Agree or Disagree With the Appeal Decision
When you attend your hearing, you will present your case and evidence. The court will give you a ruling, and if you disagree with it, you have the right to file a second-level appeal. You must file this appeal with the California Unemployment Insurance Appeal Board within 30 days of the previous decision. You can restate your argument and present more evidence, and the board will issue an official written decision.
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.