If the Employment Development Department (EDD) issues a decision you disagree with, its notice identifies the decision and the time to appeal. This guide explains the current California unemployment appeal process, from filing with EDD through the next stages of review.
Review the Notice and Filing Deadline
EDD says an unemployment appeal must be submitted in writing within 30 days of the mailing date on a Notice of Determination and/or Ruling or Notice of Overpayment. The notice identifies the decision being appealed and the address for filing.
EDD states that an appeal may still be submitted after the 30-day period when the appellant provides the reason for the delay. An Administrative Law Judge decides whether there was good cause for a late appeal.
Submit the Appeal to EDD
You may use EDD’s Appeal Form (DE 1000M) or a written letter. EDD directs claimants to send the form or letter to the address at the top of the notice they are appealing.
EDD’s unemployment appeals guidance lists the information it asks appellants to provide, including the decision being appealed, the reason for the appeal, supporting details and documents, and any request for language assistance or an accommodation.
If you choose to file a letter, our guide to writing an unemployment appeal letter explains how to keep the letter focused on the decision and the facts you want reviewed.
What Happens After You File
EDD reviews the information submitted with the appeal. If the information does not change EDD’s decision, EDD sends the appeal to the California Unemployment Insurance Appeals Board (CUIAB), also called the Office of Appeals.
Continue to certify for benefits while an appeal is pending. EDD states that payment is limited to weeks for which you certified and met the other eligibility requirements.
Use myAppeal When Your Case Is Ready
CUIAB’s myAppeal information explains that registration requires an active appeal and case number. After an appeal is filed with EDD, CUIAB sends an Appeal Acknowledgement and Welcome Letter with the information needed to register.
Prepare for the Hearing
If the appeal moves forward, the Office of Appeals schedules a hearing. EDD says the Notice of Hearing is mailed at least 10 days in advance and includes the hearing date, time, location, and further process information.
Keep a copy of the notice, your appeal, and the documents you submitted. If the denial concerns a particular eligibility issue, review the reason in the notice before the hearing. Our overview of common unemployment claim denial issues may help you identify the topic that needs a focused response.
After the Administrative Law Judge’s Decision
After the hearing, the Office of Appeals mails the Administrative Law Judge’s written decision to the parties. EDD states that the notice includes instructions for a second-level appeal when a claimant remains disqualified. CUIAB’s filing-an-appeal guidance describes the Board appeal process.
Getting Advice on an Appeal
If you are unsure how the appeal rules apply to your own notice or hearing, speaking with an attorney can help you understand your options. Our unemployment benefits appeal team works with claimants on notices, appeals, and hearings.