When California’s Employment Development Department (EDD) decides that you received benefits you were not eligible for, it is a good idea to appeal as soon as possible. But people make mistakes, and life can get in the way and delay you from appealing. If you are in such a situation and want to know how far back you can appeal an EDD overpayment decision, continue reading.
When You Should Appeal
If you disagree with our decision to deny your benefits or require you to pay back overpaid benefits, you have the right to appeal. If you appeal, an Administrative Law Judge (ALJ) will review your case. You must submit your appeal in writing within 30 days. You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the deadline.
However, there are important exceptions:
- Good Cause for Late Filing: Even if you miss the 30-day deadline, your appeal may still be accepted if you can show “good cause” for the delay. Examples include serious illness, not receiving the notice in time, or other circumstances outside your control.
- Equity and Fairness: Administrative judges at the California Unemployment Insurance Appeals Board (CUIAB) sometimes allow late appeals to protect claimants from unfair penalties.
- Overpayment Waivers: If repaying the debt would create severe financial hardship, you may also request a waiver of repayment. This is separate from appealing the determination itself.
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. However, if you are appealing unemployment overpayments, you or your EDD overpayment lawyer may be able to prove to the California Unemployment Insurance Appeals Board (CUIAB) that you have a good reason for appealing late.
How You Can Make Your Appeal
When you make your appeal, you must be able to do all the processes perfectly:
Filing the Appeal
Appealing an EDD overpayment decision is a structured process. Here are the main steps:
Step 1: File Within 30 Days (or Show Good Cause)
- When you make your appeal, you should be able to use a form (DE 1000M) (included with your DE 1444 notice)
- A simple written letter with the required details
Your appeal should include:
- Your full name and contact details
- Social Security number or claimant ID
- The reason for your appeal
- The date and case number from the DE 1444
- Any supporting documentation
- Signature and date
Step 2: Submit Your Appeal
- Mail or fax your appeal to the address listed on your notice.
- Keep copies of everything you send.
Step 3: Prepare Your Evidence
- Collect wage statements, employer correspondence, or medical documents that support your claim.
- Highlight discrepancies in EDD’s records or errors in your reported wages.
Step 4: Request Representation
- While you can represent yourself, you may also have an attorney or authorized representative appear with you. Organizations like Legal Aid at Work sometimes provide free assistance.
Step 5: Track Your Case
- The California Unemployment Insurance Appeals Board (CUIAB) manages hearings. You can monitor your case and hearing dates through the MyAppeal Portal.
You can find step-by-step guidance on how to properly file your unemployment appeal on the EDD’s official UI Appeals page.
If you need help with what to include or how to format your appeal – Read our in-depth guide, How You Can Appeal an EDD Overpayment
What Happens Next
Once your appeal is filed, here’s what you can expect:
Step 1: Acknowledgment of Your Appeal
After you have made your appeal, the CUIAB may send you a notice saying that it has approved it and that you do not have to worry about paying any sum. However, if it denies the appeal, you will continue getting notices until you complete the payment.
Step 2: Scheduling of a Hearing
- A hearing before an Administrative Law Judge (ALJ) is scheduled, usually within a few months.
- You will receive a Notice of Hearing with the date, time, and whether the hearing will be by phone or in person.
Step 3: The Hearing Process
- The ALJ will hear evidence from both you and EDD.
- You can submit documents, call witnesses, and cross-examine EDD’s representatives.
- Hearings are recorded, and decisions are based on the evidence presented.
Step 4: After the Hearing
- The ALJ issues a written decision, usually within 2–6 weeks.
- If you win, the overpayment may be canceled, reduced, or waived.
- If you lose, you may still file a second-level appeal to the CUIAB Board itself, and even to the Superior Court if necessary.
Why a Lawyer Can Help
Many claimants are afraid to appeal late or don’t know how to phrase their reasoning. But an experienced lawyer can:
- Draft a compelling appeal letter
- Provide legal proof that your reason qualifies as “good cause.”
- Represent you at the hearing
- Negotiate settlements or reduce the repayment amount
- Push for waivers if you qualify under hardship
Our article Frequently Asked Questions About EDD Overpayments also explains when a waiver or legal strategy might help you reduce or cancel the balance entirely.
Conclusion
If you lose your appeal, you may be required to repay them—so it’s crucial to prepare carefully. Contact Pershing Square Law Firm today if you need guidance in completing your overpayment appeal. Our attorneys can help you prepare your case and create a plan to ensure your victory.
