Appealing a Disqualification
Any claimant or employer has the right to file an appeal to a written decision of disqualification made by the Employment Development Department (EDD). The appeal may be for the whole decision or any part of it.
To file an appeal the appellant, whether the claimant or their employer, must submit a statement in writing explaining the reasons they believe that the decision made by the EDD is incorrect. The appellant may use the enclosed appeal form, DE 1000M, sent with the Notice of Determination, DE 1080, or write a letter. Send it to the address specified on the DE 1080 notice.
The Office of Appeals
The EDD will review the disqualification decision when it receives the appeal. If the EDD stands by its decision, it will forward the appeal to the Office of Appeals to be heard by an Administrative Law Judge (ALJ). The Office of Appeals will send the appellant a letter with the date and time of the hearing and enclose a booklet explaining the procedures that will occur at the hearing.
The Office of Appeals is separate and independent from the EDD. The hearings are usually held in person and all interested parties are asked to attend. The parties can include the claimant, the employer, and any witnesses for either side. In some cases a representative from the EDD will be present.
An appellant may bring a representative to assist at the hearing. It is important to have any witnesses or supporting documentation presented at the hearing. Additional information will not be accepted after the hearing is completed.
The ALJ will issue a new decision holding the claimant either eligible or ineligible.
Appellants have 20 days from the date of the mailing of the Notice of Determination, DE 1080, to submit a timely appeal. The appeal is considered timely if the postmark date of the appeal letter is 20 days or less from the mailing date of the DE 1080.
If the appeal is filed untimely, the appellant will have to show the ALJ good cause for the delay. The ALJ will dismiss the case if good cause for the delay is not established.
Always file an appeal if you believe the decision is incorrect even if the appeal is untimely. Let the ALJ make the decision if you have good cause for the late appeal. If you have compelling reason for the appeal being late the ALJ will rule in your favor.
Weekly Claims Must Still Be Filed
Pending the outcome of the appeal decision the claimant must continue to certify for benefits by turning in the weekly claim forms, DE 4581s, to the EDD in a timely manner. If the ALJ reverses the decision the claimant will only be paid for the weeks in which timely submissions were received. The weekly claims cannot be submitted late even though the appeal is pending.
More information is available on the EDD web site here and on the California Unemployment Insurance Appeals Board here.