Know Your Rights and Responsibilities
You Have the Right To:
File an appeal if you disagree with the Employment Development Department’s (EDD) written notice about benefits for unemployment, disability, and tax petition.
Review CUIAB’s appeal process page for an appeals process overview and instructions on how to get started if you wish to appeal.
Receive a fair and impartial hearing to decide on your case.
You will be notified of your hearing time, date and location by the California Unemployment Insurance Appeals Board (CUIAB) prior to your hearing date. Review the appeal process webpage for additional information.
Present witnesses and evidence to support your case before an Administrative Law Judge (ALJ).
A written decision made by CUIAB ALJ will be issued to all parties involved in your case after the hearing.
File a second level appeal if you do not agree with the ALJ’s decision.
Review the appeal process webpage for information.
Appeal the Board’s written decision if you still disagree.
To file an appeal with the Superior Court in your county, you must file a Petition for Writ of Mandate within six months of the issue date of the Board’s final decision.
You Have the Responsibility To:
Timely Appeal or Petition EDD’s Determination:
Your timeline starts from the date shown on EDD’s notice to file your appeal.
| Type of First Level Appeal or Petition | Statutory Timeline |
| Unemployment Insurance Case | 30 days |
| Disability Insurance or Paid Family Leave Case | 30 days |
| Ruling Case | 30 days |
| Disputed Coverage Case | 30 days |
| Disputed Coverage Case (no response) | 55 days |
| Tax Case (general) Statutory timeline may be extended upon a showing of good cause. |
30 days |
| Tax Case (Jeopardy assessment) Law does not permit extension of filing time. |
10 days |
| Disaster Unemployment Assistance (DUA) | 60 days |
Call or arrive at the first level appeal hearing on time and prepared.
In most cases, 45 minutes to one hour is allotted for your case to be heard. If you are late in calling in or arriving at the hearing, you might not be heard on the case before a decision is issued.
Please make sure to have all your evidence, such as important witnesses and documents, ready for the hearing. If you have trouble obtaining necessary documents or getting an important witness to appear on your behalf, submit an action request on your My Appeal account or call the Office of Appeals listed on your hearing notice as soon as possible for assistance.
Timely Appeal or Petition the Administrative Law Judge’s Decision
Your timeline starts from the date issued on the judge’s decision.
| Type of Second Level Appeal or Petition | Statutory Timeline |
| Unemployment Insurance Case | 30 days |
| Disability Insurance or Paid Family Leave Case | 30 days |
| Ruling Case | 30 days |
| Disputed Coverage Case | 30 days |
| Disputed Coverage Case (no response) | 30 days |
| Tax Case (general) | 30 days |
| Tax Case (Jeopardy assessment) | 30 days |
| Disaster Unemployment Assistance (DUA)* | 15 days |
| CUIAB forwards the Request for Review to the U.S. Department of Labor, Regional Administrator | |
At the second level appeal or petition, there will rarely be another hearing. The Appeals Board reviews the case based on the existing record and issues a decision.
Report any changes in address or phone number as soon as possible to EDD and your assigned CUIAB Office of Appeals.
Respond to requests for information in a timely manner.
Refer to the Appeal Process site for additional appeal information.