What's the Difference Between the EDD and the CUIAB - Pershing Square Law Firm, PC

What’s the Difference Between the EDD and the CUIAB

Have you recently filed for unemployment or disability benefits in California, just to be denied by the Employment Development Department (EDD)? Fortunately, the California Unemployment Insurance Appeals Board (CUIAB) allows each and every Californian to appeal their rejection to a state-approved 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

Final Thoughts

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