What’s the Difference Between the EDD and the CUIAB

Have you recently filed for unemployment or disability benefits in California, and been denied by the Employment Development Department (EDD)? The California Unemployment Insurance Appeals Board (CUIAB) hears appeals against those decisions, before an Administrative Law Judge (ALJ). This article breaks down the differences between EDD and CUIAB to help you understand which next steps to take if your claim has been denied.

What is the Employment Development Department (EDD)?

• The EDD administers the Unemployment Insurance and State Disability Insurance programs, as well as audits businesses for payroll tax payments and collects payroll taxes.
• When you apply for benefits you must meet the eligibility requirements to qualify
• The EDD will investigate and assess your eligibility and make a written determination
• The EDD may choose to accept or deny your claim based on the available to it

What is the California Unemployment Insurance Appeals Board (CUIAB)?

• The CUIAB is an independent administrative court system for workers and employers who wish to challenge negative determinations made by the EDD
• Allows workers and employees to submit an appeal if they feel they were wrongly denied benefits
• Conducts appeal hearings, which are trial-like proceedings where parties are allowed to present evidence and tell their side of the story before an Administrative Law Judge (ALJ)
• The ALJ and the CUIAB can reverse, affirm, or modify the EDD’s original determination
• The ALJ’s decision can be reviewed by the CUIAB’s five-member Board appointed by the Governor and the Legislature
• The Board’s decision is final, unless the California Superior Court overturns through a process called Writ of Administrative Mandate

Which Agency Ultimately Decides Your Unemployment Benefits?

• You must file your claim through the EDD first
• The EDD may accept or deny your claim based on their eligibility requirements
• If you wish to challenge that decision, you must file an appeal with CUIAB within 30 days
• The CUIAB processes your petition to appeal and schedules a hearing
• If you, the EDD and/or your employer accept the ruling, the process ends here
• If you, the EDD and/or your employer wishes to challenge the ruling, the losing party can file a Board Appeal within 30 days
• The CUIAB Office will forward the appeal and case information to the Board for review, from which the Board’s decision is final

EDD and CUIAB at a Glance

• The CUIAB has the authority to overturn the EDD
• The CUIAB works in the people’s favor if EDD fails

Which Agency You Are Dealing With

In short, the EDD decides your claim and the CUIAB hears the appeal. Our note on why the EDD is criticised gives some background, and the appeal process covers what a CUIAB hearing involves.