Appealing EDD denial as a substitute teacher - any success stories?
I was recently denied unemployment benefits as a substitute teacher during the summer break. EDD claims I have 'reasonable assurance' of returning to work in the fall, but there's no guarantee I'll get enough assignments to pay bills. I've been actively job searching for 3 weeks but nothing's panned out yet. The school district only pays monthly, and I won't see my first paycheck until late September. My savings are nearly depleted and I'm seriously worried about August rent. Has any other substitute teacher successfully appealed an EDD denial and won? What documentation or arguments helped your case? This is my first time dealing with this situation and could really use some guidance.
15 comments
Zara Ahmed
I appealed and WON as a sub teacher last year!! They initially denied me with the 'reasonable assurance' excuse too. The key is to show that your hours/income aren't guaranteed. I documented how many hours I worked in previous years during fall vs. how many I was actually offered. Big difference! Also emphasized that subbing is 'as-needed' with NO guaranteed hours. Judge ruled in my favor because technically we have ZERO guarantee of specific work hours. Good luck!!
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Sean O'Donnell
•That's encouraging! Did you have to attend a hearing or was it just paperwork? Did you use any specific language about 'reasonable assurance' vs 'guarantee' in your appeal? I'm worried about timing since rent is due soon.
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Luca Esposito
my sister went thru this exact thing!!! she got denied 1st time but won on appeal. EDD doesn't understand how subbing works AT ALL. you dont get guaranteed hours like regular teachers!!!
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Nia Thompson
I handled several substitute teacher appeals when I worked for a legal aid clinic. Here's what you need to document for your appeal: 1. Your work history showing the variable/inconsistent nature of assignments 2. Proof that you have no guaranteed hours or income 3. Documentation showing summer months create a significant income gap 4. Evidence of continued job search (at least 3 job applications per week) The critical legal argument is that 'reasonable assurance' requires more than just being on a call list - it requires actual guaranteed work. Most subs don't have this guarantee, which is why many appeals succeed. Submit your appeal ASAP as the process can take 4-6 weeks.
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Sean O'Donnell
•Thank you for such detailed information! I have records of all my assignments from last year showing how variable they were, and nothing in my contract guarantees hours. I'll start putting together these documents right away.
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Mateo Rodriguez
Sorry but I don't think u can get ui if ur a teacher. My cousin tried and got denied cause school jobs r seasonal and they expect you to not work summers. They told her it's like being a ski instructor in summer or something. Hope u have better luck tho
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Nia Thompson
•This is a common misconception. Regular full-time teachers with annual contracts typically can't claim during summer breaks. However, substitute teachers who work on-call with no guaranteed hours are often eligible after appeal because they don't have true 'reasonable assurance' of work. The key is proving the lack of guaranteed hours/income.
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GalaxyGuardian
Have you tried calling EDD to discuss your specific situation? Having a direct conversation with an EDD representative about substitute teaching could help clarify your options. I know calling can be nearly impossible, but I found a service called Claimyr (claimyr.com) that helped me get through to an actual person at EDD after weeks of failed attempts. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km When I finally got through, the EDD agent explained exactly what documentation I needed for my appeal and it made a huge difference. Worth considering since timing seems critical in your situation.
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Sean O'Donnell
•I've been trying to call EDD for days with no luck - just endless busy signals or the automated 'too many callers' message. I'll check out that service, thanks! Getting specific guidance from an actual EDD rep would be really helpful right now.
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Aisha Abdullah
THE SYSTEM IS RIGGED AGAINST SUBSTITUTE TEACHERS!!! EDD automatically denies ALL school employees during summer break without even looking at individual circumstances!!! They know perfectly well that subs don't get guaranteed work but they deny first and hope you don't appeal! I fought for 9 WEEKS last summer before finally winning my appeal. By then I was already back at work and had maxed out credit cards and borrowed from family!!!! THE WHOLE REASONABLE ASSURANCE THING IS A JOKE FOR SUBS!!!
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Ethan Wilson
•this is so true omg. they do this every summer to subs. its like they hope we just give up and go away.
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Nia Thompson
One important detail to include in your appeal: in your case, you should emphasize that you're actively seeking full-time work outside of substitute teaching. This shows you're not just waiting for the school year to restart, which strengthens your claim. Make sure to keep detailed records of every job application, interview, and follow-up. EDD looks favorably on claimants who demonstrate genuine efforts to secure alternative employment.
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Sean O'Donnell
Update: I managed to speak with an EDD rep today! They confirmed that substitute teachers CAN qualify for benefits during school breaks if we can prove we don't have guaranteed work hours or income. They suggested I submit the following with my appeal: 1. My sub assignment history showing the variable nature of work 2. A statement from my district confirming I'm only called 'as needed' 3. My job search records 4. A personal statement explaining financial hardship They also mentioned appeals are being processed within about 3-4 weeks currently. Fingers crossed!
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Zara Ahmed
•That's great news! Sounds like you're on the right track now. The personal statement about financial hardship is really important - in my case, I think that made a big difference. Make sure to be specific about your monthly expenses versus income. Rooting for you!
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Ethan Wilson
I was in a similar situation but with a community college. i taught part time and they denied me for summer saying i had 'reasonable assurance' but i had no guaranteed classes for fall!! i appealed and it took forEVER but i won because the judge said being on a 'potential instructor list' isn't the same as having guaranteed work. keep fighting!!
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