Frequently Asked Questions

Below are some of the most frequently asked questions of the CUIAB.

How do I file an Appeal?

If you have applied for unemployment or disability benefits and the Employment Development Department (EDD) has denied you benefits, you have the right to appeal that decision. You must file an appeal in writing to EDD. For unemployment insurance, state disability or paid family leave benefits, the deadline for filing the appeal is 30 days from the mailing date of the notice of determination or overpayment. Please see Your Rights and Responsibilities or Unemployment Appeals Process Steps / Disability Appeals Process Steps for more information.

What form do I use?

If you have received a Notice of Determination or Overpayment from the EDD and you would like to appeal that decision, please use the EDD Unemployment Insurance Appeals Form or the EDD Disability Appeal Form. The form should be attached to the EDD notice and can be found on our website. If you have received a decision from an administrative law judge (ALJ) on your original appeal and would like to appeal that decision, please use the CUIAB Board Appeal form. The form should be attached to the ALJ’s decision and can be found on our website.

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Where do I send my appeal form?

Please send your appeal form or letter to the address specified in your letter of determination. Otherwise, you can contact our offices for more information.

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What happens after I file an appeal?

Once your appeal is received, it is forwarded to the CUIAB where it is put in to the system as an appeal and a case number is assigned. The case is now ready to be scheduled for a hearing and heard by and Administrative Law Judge. After the case is heard, CUIAB will prepare a decision that will be mailed to all those involved in the case (employee, employer, etc.)

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Why did I receive the Notice of Hearing?

The Office of Appeals sent you the Notice of Hearing because:

  • The Employment Development Department (EDD) made a decision about benefits;
  • A party disagreed with EDD’s decision and filed an appeal. The parties are typically the claimant who claims benefits, the employer, and EDD; and
  • You are a party to the appeal.

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When and where is the hearing?

In the upper-right hand corner of your Notice of Hearing there is a box with the date, time and place of your hearing. Please read the box carefully. The box tells you to appear either in person or by phone.

  • If the box tells you to appear in person, go to the place stated in the box. Get there at least 15 minutes before your hearing time. You will need that time to review the case file. If you would like to review the case file before the hearing date contact the Office of Appeals at the number listed on your Notice of Hearing.
  • If the box tells you to appear by phone, follow the instructions in the box to call in for your hearing. Please review all papers sent to you before you call in.

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Can the Hearing date or time be changed?

Not usually. You must have a good reason. Consider the options below before asking for a change. Call the Office of Appeals right away to make your request. See the number listed on your Notice of Hearing.

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What if I cannot go to the hearing?

If you or your witness cannot go to the hearing, the following are alternative possibilities.

  • Appear by phone. If a serious problem prevents you from going to the hearing in person, you may ask for permission to participate by phone. Call the Office of Appeals listed on your hearing notice right away to make that request. You must have a good reason for the request. If your request to appear by phone is granted, you should make sure that any documents you wish to present at the hearing are sent to the judge with enough time for the judge to provide copies of those documents to any other parties involved in the case before the hearing.
  • Appear by written declaration. Write your side of the facts and include this sentence at the end: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” Please date and sign your declaration. Please make sure the judge receives your declaration before the hearing. Testimony provided under oath at a hearing, either in person or by telephone, is generally given more weight than information contained in a written declaration.
  • Appear by written statement. Write your side of the facts. Please make sure the judge receives your written statement before the hearing. Testimony provided under oath at a hearing, either in person or by telephone, and written declarations are generally given more weight than information contained in a written statement.

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Should I go to the hearing?

Yes. If you do not go or appear in some other way:

  • The Administrative Law Judge will usually dismiss your case if you are the party who filed the appeal.
  • The Administrative Law Judge will usually hold the hearing without you if another party filed the appeal.

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What will happen at the hearing?

At the hearing the Administrative Law Judge will:

  • Record the hearing
  • Explain the hearing process
  • Question parties and witnesses under oath
  • Receive papers and other exhibits

At the hearing each party can:

  • Present necessary witnesses and exhibits
  • Question parties and witnesses
  • Respond to evidence presented by others
  • Make closing comments

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Do I need a lawyer?

No. Most people represent themselves. The Administrative Law Judge will explain the process, question parties or witnesses, and help you ask questions if needed. You have the right to be represented by any person at your own expense. The person need not be a lawyer.

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What if I need an interpreter?

The Notice of Hearing will tell you if an interpreter will be provided. If it does not, contact the Office of Appeals right away. See the number listed on your Notice of Hearing. We will get and pay for an interpreter.

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What if I need special accommodations?

Contact the Office of Appeals right away for any special accommodations, such as assistive listening devices or wheelchair accessibility. See the number listed on your Notice of Hearing.

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What if I moved?

Contact the Office of Appeals right away. See the number listed on your Notice of Hearing.

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Should I bring witnesses to the hearing?

Yes, bring any witnesses who support your case. Eyewitnesses are best. The Administrative Law Judge will decide which witnesses will be allowed to testify. Witnesses may have to wait outside the hearing room until they are asked to testify.

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What if a witness does not want to attend the hearing?

Contact the Office of Appeals right away. See the number listed on your Notice of Hearing. If approved, the Office of Appeals will prepare either a:

  • Notice to Attend – A request to attend the hearing that we will mail to your witness
  • Subpoena – An order to attend the hearing that you will hand or have handed to the witness

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Should I bring papers to the hearing?

Yes, bring any papers that support your case. These should include any important information such as letters, doctors’ notes, or pay records. Bring three copies if you can. The Administrative Law Judge will keep one copy of the papers as evidence in the case file.

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What if I do not have the papers?

If someone else has a paper that you need, ask that person for a copy. If that person will not give you a copy, contact the Office of Appeals right away. See the number listed on your Notice of Hearing. If approved, the Office of Appeals will prepare either a:

  • Notice to Produce – A request that we will mail to your witness to produce the papers for the hearing
  • Subpoena Duces Tecum- An order to produce the papers that you will hand or have handed to the witness

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What if I want to cancel the appeal?

If you filed the appeal, you may ask to cancel it. This is called a request to withdraw. You may withdraw by calling or writing to the Office of Appeals. See the number or address listed on your Notice of Hearing. If you did not file the appeal, you may not ask to withdraw it.

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What if I missed the hearing?

Contact the Office of Appeals right away. See the number listed on your Notice of Hearing.

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When will I get the Administrative Law Judge’s decision?

The Office of Appeals will mail the decision after the hearing date.

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What if I still do not agree with the decision?

If you disagree with the Administrative Law Judge’s decision, you have the right to appeal that decision as well. You will appeal to the Board by filling out a CUIAB Board Appeal form. For more information about Board Appeals, please see Your Rights and Responsibilities or the Appeal Process. We also have all of our forms located on our website.

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Will there be a hearing for the Board Appeal?

This appeal will go before the Board members, but you will not be required to attend another hearing.

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Who will be making a decision on my Board Appeal?

Your Board Appeal will be randomly assigned to a panel of two Board Members to review your case and issue a decision. If there is an impasse between the two Board Members, the Chair will assign a third Board Member to the panel.

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What if I have more evidence to present?

Unlike the Judicial Appeal, a Board Appeal is usually limited to reviewing only the evidence that was presented at the initial hearing. However, in special circumstances, and upon approval of the Administrative Law Judge, a participant can request, in writing, that new evidence be submitted. The participant must state why this new evidence is important and why it was not presented during the Judicial Appeal.

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When will the Appeals Board issue the decision?

The appeals Board will issue a decision after the Appellate Operations Department reviews your case.

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Do I qualify for a training program?

The California Training Benefits Program allows eligible unemployed workers to receive their unemployment benefits while they receive training and/or retraining in an effort to return to full employment. Please see the link above for more information on eligibility.

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What other assistance is available to me?

In many areas of California, you can dial 2-1-1 to learn about resources available in your community. The EDD and Safety-Net for the Unemployed Workgroup has created a directory with many of these entities listed called Assistance for Unemployed California Residents – Information & Referrals.

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How do I contact EDD?

To contact the Employment Development Department regarding unemployment issues, please e-mail them directly here.

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