You have the right to:
- File an appeal if the EDD has denied you benefits, or you believe they have mistakenly granted benefits to your employee.
If your case involves unemployment insurance benefits, your appeal must be filed within 30 calendar days of the mailing date of the notice from EDD. The timelines for the filing of appeals concerning other issues are set forth below. You must mail your appeal to the return address shown on the notice from EDD.
It is preferred that you file your appeal using the EDD Appeal Form which was mailed to you with the notice. That form also can be found on the CUIAB web site. You may submit the appeal by a letter that must include your name, your mailing address, the name and social security number of any claimant that is a party to the case, the employer account number (if you are the employer or the employer’s representative), and the name of the party you are representing (if you are a representative).
Your appeal should also include your telephone number, your cell phone number, your e-mail address, the date of the EDD determination or action being appealed, the reasons why you are appealing, a request for language assistance (an interpreter) or special accommodation if such language assistance or accommodation is needed, your signature and date of signature. If your appeal is being filed late, you should also explain why the appeal is late.
- Receive a fair and impartial hearing to decide your case.
- Present witnesses and evidence to support your case before an Administrative Law Judge (ALJ).
- File a Board appeal if you do not agree with the ALJ’s decision.
Your appeal must be submitted in writing within 30 calendar days of the mailing date on the ALJ’s written decision (30 days for cases involving disability insurance overpayments). You must mail your appeal to the Office of Appeals at the return address shown on the ALJ’s decision.
It is preferred that you file your appeal using the Board Appeal Form which was mailed to you with the ALJ’s decision. That form also can be found on the CUIAB web site. You also may submit the appeal by a letter that must include your name, your mailing address, the name and social security number of any claimant that is a party to the case, the employer account number (if you are the employer or the employer’s representative), and the name of the party you are representing (if you are a representative).
Your appeal should also include your telephone number, your cell phone number, your e-mail address, the date and case number(s) of the ALJ’s decision(s) being appealed, the reasons why you are appealing, your signature and date of signature. If your appeal is being filed late, you should also explain why the appeal is late.
Within the period provided for the timely filing of your appeal, you have the right to request (1) a copy of the complete record of the case for the purpose of submitting written argument in support of your appeal; (2) permission to submit additional evidence; and (3) the opportunity to offer oral argument on the case. If you wish to exercise any of these rights, your Board appeal should include a specific request concerning the right involved.
If you submit a timely request for written argument, a copy of the complete record of the case (including a CD copy of the audio recording of the hearing) will be sent to each party. You and the other parties will have 12 days from the mailing of the record in which to submit written argument. Additional time may be granted upon request.
A request to submit additional evidence should state the nature of the evidence, explain the importance of the additional evidence, and state the reasons why such evidence was not presented at the hearing before the ALJ. If the additional evidence is documentary, a copy of the additional evidence must be attached to the request. The Board generally does not consider additional evidence unless good cause exists to do so.
Requests for oral argument are rarely granted.
The appeal from an ALJ’s decision will be considered by the Appeals Board. The Board typically does not provide another hearing on the case. The Board will review the record of the case established before the ALJ, the ALJ’s decision, the Board appeal, and any written argument and/or additional evidence accepted by the Board in preparing the Board’s decision. Before modifying or reversing the result of an ALJ’s decision in a case in which the appellant did not request a copy of the record for the purpose of submitting written argument, the Board shall mail a complete copy of the record of the case (including a CD copy of the audio recording of the hearing) to the respondent(s) and permit the respondent(s) to exercise its rights to submit written argument, request to submit additional evidence, and request to offer oral argument.
- 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 Writ of Mandate within six months of the mailing date of the Board’s decision.
You have the responsibility to:
- Submit your appeal requests within the statutory timeline.
|Type of Appeal or Petition||Time Limitations|
|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)||30 days|
|The above time limitations may be extended upon a showing of good cause.|
|Tax Case (Jeopardy assessment)||10 days|
|Law does not permit extension of filing time.|
- Arrive at hearings on time and prepared.
In most cases, 45 minutes to one hour are allotted for your case to be heard. If you are late in arriving at the hearing, you might not be heard on the case before a decision is issued.
Please make sure to have all of 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, contact the Office of Appeals listed on your hearing notice for assistance in obtaining a subpoena or other order that may facilitate the presence of that witness or the presentation of the documentation at the hearing.
- Report any changes in address or phone number as soon as possible to both EDD and the Office of Appeals handling your appeal.
- Respond to requests for information in a timely manner.
Below are some resources used in making unemployment insurance benefit decisions:
- Unemployment Insurance Code
- California Code of Regulations, Title 22
- Precedent Benefit Decisions
- Benefit Determination Guides