If you are a beneficiary of the Employment Development Department (EDD) and are facing a denial of payments or an overpayment notice, you should know that you have the legal right to appeal for an Administrative Law Judge (ALJ) to review your case. This is a process that requires the following steps. To start the process, you must submit the Appeal Form (DE 1000M) or a detailed letter to the address listed on your Notice of Determination and/or Ruling (DE 1080CZ) or Notice of Overpayment (DE 1444CT) within a strict 30-day period from the mailing date, although late appeals are allowed if the reason is justified.
If, after an initial review, the EDD maintains its position, the case is referred to the California Unemployment Insurance Appeals Board (Office of Appeals), which will schedule a formal hearing through a Notice of Hearing sent 10 days in advance. In the event that the ALJ issues an unfavorable ruling after the hearing, the beneficiary still retains the right to file a second-level appeal with the same state board.
EDD Appeal Process
All those beneficiaries of the Employment Development Department (EDD) who find themselves in a situation where a payment has been denied or who have received overpayment notices should know that they have the legal right to appeal and request that an Administrative Law Judge (ALJ) thoroughly review their case. It is important that if you or someone you know is affected by this situation, you are aware of the steps to follow in order to exercise your right. The procedure consists of the following steps:
Filing the appeal
If you decide to file an appeal, you must do so in writing within 30 days of the mailing date indicated on the Determination and/or Resolution Notice (DE 1080CZ) or the Overpayment Notice (DE 1444CT) that you received. It is worth noting that it is possible to file an appeal after the 30-day deadline, but it must be accompanied by an explanation as to why it is being submitted late. It will be up to an administrative law judge (ALJ) to determine whether the reasons are valid to proceed with the case or to dismiss it.
Appeal Form
To start the appeal process, you must download the Appeal Form (DE 1000M) or use the copy included with your Notice of Determination or your Overpayment Notice. This form must be sent to the address listed at the top of your Notice of Determination. If you need the mailing address or a copy of the form, you should contact the Unemployment Customer Service at 1-800-300-5616, send a message through your online UI account, or visit a California Employment Center (AJCC).
Appeal Letter
If you do not have access to the form, you can submit an appeal letter. It is essential that it explains the reasons for your appeal, including any documents and evidence you want the EDD to review. The letter must include the following information:
- Full name.
- Address.
- Phone number.
- Social Security Number.
- Name and address of any representative.
- The decision being appealed.
- Details, documents and evidence to support your appeal.
- Any requests for language assistance or special accommodations.
What to do after the appeal
Once you have submitted your appeal, it will be the EDD who reviews the information provided and determines whether the claim is eligible or denied. If the EDD upholds its initial decision, your appeal will be sent to the California Unemployment Insurance Appeals Board, also known as the Office of Appeals. At that point, you will receive a letter from the Office of Appeals with information about your appeal, and you will also receive a Notice of Hearing by mail at least 10 days in advance, including the date, time, and location of your hearing.
And if I want to withdraw my appeal?
That’s not a problem. You can do so by calling or writing to the Office of Appeals as long as you do it before the ALJ issues their decision.
What happens after the hearing?
After the hearing takes place, the Office of Appeals will mail the decision to you, your employer, and the EDD. This process may take several weeks. If you are eligible, you will be paid for the periods you have certified, provided you meet the requirements. If the claim is approved, the notice will inform you on how you can file a second-level appeal, which is submitted to the California Unemployment Insurance Appeals Board.