Appeal Process
Below is a summary of the CUIAB appeals process intended to assist California workers and employers with their right to appeal EDD’s adverse determinations.
- If you disagree with the notice issued by the Employment Development Department (EDD) on your unemployment insurance (UI) or disability insurance (DI) claim, the first step is to file an appeal with the EDD, using the form DE 1000M or by submitting a letter of appeal.
An appeal need not be formal; however, it must be in writing and contain the following information:
- Your name and mailing address.
- The name and mailing address of any representative filing the appeal.
- The name and social security number of the claimant.
- If you are an employer filing an appeal provide the employer's name and account number
Your appeal should also include:- Your telephone number.
- The date of the EDD notice.
- The reason why you disagree.
- If you need an interpreter or special accommodation.
- Date and signature.
- You have 30 calendar days from the mailing date on the EDD notice to file your appeal. If the appeal is filed after the 30 calendar days, explain why.
- Submit your Appeal by returning it to the EDD at the office address listed on the notice.
What Happens Next?
Below is an overview of what happens after the EDD receives a UI or DI appeal.
- EDD will mail an Appeal Acknowledgement Letter to the parties, then
- The EDD forwards the appeal to the CUIAB Office of Appeals, then
- CUIAB Office of Appeals issues a Welcome & Acknowledgement Letter, then
- CUIAB Office of Appeals schedules hearing and issues a Notice of Hearing*, then
- Judge conducts hearing and issues a decision,
- If you disagree with the decision, you may file a Board Appeal
Note: You can register for a myAppeal online portal account at any time. For more information visit www.cuiab.ca.gov/myAppeal.
*Notice of Hearing - At least 10 days prior to the hearing, you will be notified of the date, time and location. Page two of the Notice of Hearing instructs you to appear by telephone or in person. If by telephone, you must call the judge at the number provided and enter the conference I.D. listed. If you are to appear in person, you must report to the address listed.
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more information on the UI/DI appeal process select the flowcharts below:
*Notice of Hearing - At least 10 days prior to the hearing, you will be notified of the date, time and location. Page two of the Notice of Hearing instructs you to appear by telephone or in person. If by telephone, you must call the judge at the number provided and enter the conference I.D. listed. If you are to appear in person, you must report to the address listed.
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more information on the UI/DI appeal process select the flowcharts below:
- Unemployment and Disability Insurance Appeals Process:
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- If you disagree with the judge's decision, you may file a Board Appeal. Your appeal can be filed electronically through the CUIAB myAppeal* website, or by submitting the completed Board Appeal Form or written letter to the CUIAB Office of Appeals listed on the decision.
A Board Appeal need not be formal; however, it must be in writing and contain the following information:
- Your name and mailing address.
- The name and mailing address of any representative filing the appeal or petition.
- The name and social security number of the claimant.
- If you are an employer filing an appeal provide the employer’s name and account number.
The Board Appeal should also include:- Your telephone number.
- The date and case number(s) of the judge's decision being appealed.
- The reason you disagree.
- Date and signature.
- You have 30 calendar days from the mailing date on the judge’s decision to file your appeal. If the Board Appeal is filed after the 30 calendar days, explain why.
- Submit your Board Appeal by returning it to the California Unemployment Insurance Appeals Board (CUIAB).
For UI or DI, submit your Board Appeal electronically through the CUIAB myAppeal website at https://cuiab.ca.gov/myappeal/ or in writing to the CUIAB Office of Appeals listed on the decision.For Tax Petitions, submit your Board Appeal in writing to the CUIAB Office of Appeals listed on the decision (online submission is currently unavailable).For additional information refer to the Notice to Parties, DE 6401 attached to the decision and available under the Forms and Publications tab.
What Happens Next?
Below is an overview of what happens after the CUIAB Office of Appeals receives the Board Appeal:
- The CUIAB Office of Appeals forwards the Board Appeal and case information to the Board, then
- The Board issues an Acknowledgment Letter to all involved parties*, then
- The Board reviews the case record and issues a decision,
- If you disagree with the Board’s decision, you may file a Writ of Mandate with your County Superior Court
Note: You can register for a myAppeal online portal account at any time. For more information visit https://cuiab.ca.gov/myappeal/.
Within the period provided for the timely filing of your appeal, you have the right to request:
Within the period provided for the timely filing of your appeal, you have the right to request:
- A copy of the complete record of the case for the purpose of submitting written argument in support of your appeal.
- Permission to submit additional evidence.
- An opportunity to offer oral argument on the case. Requests for oral argument are rarely granted.
If the request for written argument is approved, the record will be provided to all parties, including an audio recording of the hearing and the exhibits. For myAppeal portal users, the record, including audio, is available on the portal. For parties not registered for a myAppeal account, a copy of the record will be mailed.
The Board generally does not consider additional evidence unless good cause exists to do so. A request to submit additional evidence should explain the importance of the new evidence and the reasons why the evidence was not presented at the hearing. If the additional evidence is documentary, a copy of the additional evidence must be attached to the request. Video and audio evidence must be submitted through the myAppeal online portal account.
For Tax Petition:
If the Board denies your petition, you may still pursue your appeal rights. Once your liability has been paid in full, you may file a Claim for Refund with the EDD. If the Claim for Refund is denied, you may file a second petition. If you disagree with the new decision, you may file another appeal with the Board.
Civil Court | Appealing the Board Decision
If you disagree with the decision issued by the Appeals Board, you can appeal to your county's Superior Court by filing a Petition for Writ of Mandate within six months of the issue date of the Board's final decision. After the Petition is filed with the Superior Court, contact the court for further information.
- If you disagree with a Notice of Assessment, Denial or Denial of Claim for Refund, or Review issued by the Employment Development Department (EDD) and wish to contest it, your first step is filing a petition with the CUIAB, by submitting a letter (online submission is currently not available for Tax Petition).
A Board Appeal need not be formal; however, it must be in writing and contain the following information:
- The name and mailing address of the petitioner.
- The petitioner’s employer account number with the EDD.
- The name and mailing address of any representative filing the petition.
The Board Appeal should also include:- A copy of the assessment or notice.
- Your contact telephone number.
- The date of EDD's notice.
- A statement of the reasons for the petition.
- If you need an interpreter or special accommodation.
- Your signature and date signed.
- You have 10 calendar days for a Jeopardy Assessment or 30 calendar days for all other tax petitions, from the mailing date on the EDD’s notice. If the petition is filed late, explain why.
- Submit your petition to the California Unemployment Insurance Appeals Board (CUIAB) at:
CUIAB – Office of Tax Petitions
2400 Venture Oaks Way, Suite 150
Sacramento, CA 95833
Fax: (916) 263-6763
What Happens Next?
Below is an overview of what happens after the Office of Tax Petition receives the petition:
- Notification is sent to the EDD to respond to the petition, then
- EDD's response is received, then
- The petition is scheduled for a hearing and the Notice(s) of Hearing* is sent, then
- Judge conducts hearing and issues a decision,
- If you disagree with the decision, you may file a Board Appeal.
*Notice of Hearing – At least 20 days prior to the hearing, you will be notified of the date, time and location. Page two of the Notice of Hearing instructs you to appear by telephone or in person. If by telephone, you must call the judge at the number provided. If you are to appear in person, you must report to the address listed.
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more details on the Petitions, select the flowchart below:
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more details on the Petitions, select the flowchart below:
- Petition Process:
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Tax Petition Board Appeal
Refer to Board Appeal, 2nd Level Appeal process for details.
- If you disagree with the notice issued by the Employment Development Department (EDD) on your Disaster Unemployment Assistance (DUA) claim, the first step is to file an appeal with the EDD, using the form DE 1000M or by submitting a letter of appeal.
An appeal need not be formal; however, it must be in writing and contain the following information:
- Your name and mailing address.
- The name and mailing address of any representative filing the appeal.
- The name and social security number of the claimant.
The Board Appeal should also include:- Your telephone number.
- The date of the EDD notice.
- The reason you disagree.
- If you need an interpreter or special accommodation.
- Date and signature.
- You have 60 calendar days from the mailing date on the EDD notice to file your appeal. If the appeal is filed after the 60 calendar days, explain why.
- Submit your appeal by returning it to the EDD at the office address listed on the notice.
What Happens Next?
Below is an overview of what happens after the EDD receives a DUA appeal:
- EDD issues an Appeal Acknowledgement Letter to the parties, then
- EDD forwards the appeal to CUIAB Office of Appeals, then
- CUIAB Office of Appeals issues a Welcome & Acknowledgment Letter, then
- CUIAB Office of Appeals schedules hearing and issues a Notice of Hearing*, then
- Judge conducts hearing and issues a written decision,
- If you disagree with the decision, you may appeal the Judge's decision.
Note – You can register for a myAppeal online portal account at any time. For more information visit https://cuiab.ca.gov/myappeal/.
*Notice of Hearing – At least 10 days prior to the hearing, you will be notified of the date, time and location. Page two of the Notice of Hearing instructs you to appear by telephone or in person. If by telephone, you must call the judge at the number provided and enter the conference I.D. listed. If you are to appear in person, you must report to the address listed.
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more details on the DUA appeals process, select the flowchart below:
*Notice of Hearing – At least 10 days prior to the hearing, you will be notified of the date, time and location. Page two of the Notice of Hearing instructs you to appear by telephone or in person. If by telephone, you must call the judge at the number provided and enter the conference I.D. listed. If you are to appear in person, you must report to the address listed.
Read the Hearing Information included with the Notice of Hearing to obtain more information.
For more details on the DUA appeals process, select the flowchart below:
- Disaster Unemployment Assistance Appeals Process:
(English) / (Español) / (Tiếng Việt) / (繁體中文) / (简体中文)
DUA - Request for Review
- If you disagree with the judge's decision, submit a Request for Review with the CUIAB Office of Appeals listed on the decision.
To timely file a Request for Review, you have 15 calendar days from the date issued on the judge's decision.
What Happens Next?
The CUIAB Office of Appeals will forward the Request for Review and case information to the US Department of Labor, Regional Administrator for review.
Below is a diagram showing what happens after the CUIAB Office of Appeals receives the Request for Review:
- The CUIAB Office of Appeals forwards the Request for Review and case information to the US Department of Labor, Regional Administrator, then
- US Department of Labor, Regional Administrator reviews the case, then
- US Department of Labor, Regional Administrator issues a final decision
For more details on the DUA appeals process, select the flowchart below:
- Disaster Unemployment Assistance Appeals Process:
(English) / (Español) / (Tiếng Việt) / (繁體中文) / (简体中文)