2nd EDD appeal success rates - Has anyone actually won after initial denial?

I won my second appeal last year! Don't give up hope. The CUIAB is actually more thorough than the first-level appeals with the Administrative Law Judges. For my second appeal, I made sure to: 1. Get VERY specific with my work search efforts - exact dates, company names, contact info, method of application 2. Provided screenshots of job applications and confirmation emails 3. Wrote a detailed statement explaining why the first judge misinterpreted my situation The whole process took about 10 weeks from filing the second appeal to getting a favorable decision. I didn't hire a lawyer, but I did have a friend who works in HR help me organize my evidence in a clear way. The key was being super organized and having documentation for EVERYTHING.

YES second appeals can be successful but they're looking for either: 1) A procedural error in your first appeal hearing 2) New evidence that wasn't available at the time of your first appeal If you're just re-arguing the same points with the same evidence, your chances aren't great. What specific reason did they give for denying your availability for work? Was it because your part-time schedule limited your availability? Or was it purely about insufficient work search documentation?

i got denied twice lol the whole system is rigged tbh. they just want their money back no matter what. i provided TONS of evidence and they still said no. good luck but dont get ur hopes up

My neighbor won her 2nd appeal but she had to wait forever!!! Like 4 months I think? She said the key was getting an actual person on the phone from EDD who could explain exactly what documents they needed. She spent days trying to call but couldn't get through until she used some service called Claimyr (claimyr.com). They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km After talking to an actual agent, she found out she needed to submit specific forms that nobody had told her about. Once she did that and explained clearly why the first judge was wrong, she won!

I think it depends on what kind of work you do? I'm in construction and got approved on second appeal. But my friend in accounting got denied twice. Maybe they treat different industries differently?

I had to go through the 2nd appeal process last summer and it was actually successful! Here's what I learned: - The Board looks at your case completely fresh - they don't just rubber stamp the ALJ's decision - They're much more thorough in reviewing ALL evidence - Timing matters - make sure you file within 30 days of receiving the ALJ's decision - Be SUPER specific about why you think the first decision was wrong The nice thing about the Board appeal is that you usually don't have to attend another hearing unless they decide one is needed. In my case, they just reviewed all the documents and made a decision. Definitely don't give up! With a $7,800 overpayment at stake, it's worth trying.

I'm a volunteer at a worker's rights clinic and we see second appeals succeed fairly regularly. Here are some statistics that might help: - About 30% of second appeals result in a favorable outcome for claimants - Cases involving work search requirements (like yours) actually have a higher success rate on second appeal - Most successful appeals include new, more detailed evidence If you're dealing with a large overpayment like $7,800, I'd recommend at least consulting with a legal aid organization. Many offer free consultations for unemployment issues. Legal Aid Foundation of Los Angeles or Bay Area Legal Aid are good resources depending on where you live.

the whole thing is a JOKE!! my second appeal took SIX MONTHS and they STILL said no!! meanwhile they were garnishing my wages the whole time!! complete waste of time!!!

To respond to your question from earlier - for my second appeal, I didn't have to attend another hearing. The Board just reviewed all the documents from the first hearing plus the new evidence I submitted. They only schedule new hearings if they feel it's necessary or if you specifically request one. Regarding the work search records, be incredibly detailed! For each employer, include: - Full name of company - Complete address or website URL - Date of application - Position applied for - Name of contact person (if you have it) - Method of application (online, in-person, etc.) - Any follow-up communications Also, make sure to clearly explain how your part-time work schedule still allowed you to be available for full-time work. For example, if your part-time job gave you flexible hours or you were willing to quit for full-time work, make that very clear.

my cousin works for edd (not in appeals tho) and she says they approve 2nd appeals sometimes but u need to show EXACTLY why the 1st judge was wrong. like specific laws they misapplied or facts they ignored

One other thing that really helped my second appeal was submitting a formal written declaration that addressed each point the first judge mentioned in the denial. I basically went through the denial letter point by point and responded to each issue with specific evidence. This made it really easy for the Board to see exactly why I thought the decision was wrong. Don't be intimidated by the process. The forms look scary but they're actually pretty straightforward. And in my experience, the Board was much more thorough and fair than the first-level appeal.