Can 1099 collect unemployment in California EDD? Just got dropped by my main client
So I've been doing freelance graphic design for about six years, mostly 1099 work from a handful of clients. Last month my biggest client, who was paying me around $2,800 a month, just terminated our contract with zero warning. That was easily 80% of my income gone overnight. I always assumed that because I was classified as 1099 I had no shot at unemployment benefits, but someone in a Facebook group mentioned that California might be different? I genuinely have no idea where to start. Did I even pay into the system? Can 1099 collect unemployment through California EDD or am I just out of luck here?
85 comments

Heather Tyson
Termination papers from that client hit last spring and I had the same exact panic you're describing. Spent two days assuming I was locked out of any benefits before I actually looked into it. Tried calling EDD at 1-800-300-5616 for three mornings straight and couldn't get through. Used Claimyr (claimyr.com) instead and ended up speaking with an EDD agent that same afternoon. Asked her point blank whether my 1099 work history could qualify me, and she walked me through how EDD looks at the base period wages and whether anything was reported under my Social Security number during those quarters. Turns out my situation was more complicated than a yes or no, so she told me to file and let EDD make the determination. There's a video at https://youtu.be/JmuwXR7HA10 that shows what reaching a live person at EDD actually looks like if you're wondering how that works.
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Paloma Clark
AuthorWait so she didn't just tell you yes or no right there on the call? I guess I was hoping it'd be simpler than that.
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Heather Tyson
EDD decides after reviewing everything, the agent can't promise an outcome. But at least I knew exactly what to do next instead of guessing.
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Raul Neal
Filing and letting EDD decide is genuinely the right move here. Too many people talk themselves out of filing before they even try.
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Jenna Sloan
The honest answer to whether 1099 workers can collect California unemployment is: it depends on how your work was set up, and EDD has the final word. Here's the core issue — UI benefits in California come from wages that were reported to EDD by employers. If you were truly an independent contractor and nobody was paying into the system on your behalf, there may not be any wages in your record to base a claim on. That said, California has AB5 and its successor AB2257, which reclassified a lot of workers who were labeled 1099 as actual employees. If the work you were doing for that client looks more like employment under those laws, your client might have been misclassifying you. That changes things. File the claim and let EDD look at your record — you won't know until you do.
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Paloma Clark
AuthorI had no idea about AB5. My client always insisted I was a contractor. Does EDD actually investigate that or do they just take what's in the system?
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Jenna Sloan
EDD can look into the classification question as part of deciding your claim. It's not guaranteed, but it's not ignored either. File first, then see what notice they send you.
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Christian Burns
AB5 is real and it has caught a lot of people off guard on both sides. Some clients genuinely didn't know they were supposed to be treating workers as employees.
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Sasha Reese
my old client tried the same thing with me, called me a contractor for two years, EDD eventually decided they should have been paying in. took a while but i got benefits
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Muhammad Hobbs
filing through UI Online at https://myedd.edd.ca.gov/ is the fastest way to get a claim started. even if you're not sure whether you qualify, the system just collects your info and EDD reviews it. you'll need your Social Security number, work history from the last 18 months, and the reason your contract ended. for the reason, you'd probably put something like contract terminated by client. once you file, EDD goes back and looks at what wages were actually on record for you during the base period, which is roughly the first four of the last five complete calendar quarters before you filed. if there's nothing there, your claim won't be valid — but at least you'll know.
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Paloma Clark
AuthorWhat happens if I file and there are no wages on record? Do I get a denial letter or does EDD just contact me?
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Muhammad Hobbs
You'd get a Notice of Determination in the mail explaining what they found and whether you qualify. If you disagree with the decision, you have 30 days from the date on that notice to appeal.
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Noland Curtis
i filed not knowing what to expect and my claim actually came back valid, wages i didn't even track carefully were apparently in the system from one client who'd been doing things right
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Diez Ellis
NOBODY tells 1099 workers this but the classification question is HUGE. I fought for months over this exact issue. Clients love calling you a contractor because it saves them money — they don't pay into unemployment, they don't pay payroll taxes. But if you were showing up on a schedule they set, using their tools, working exclusively for them, California law might say you were an employee all along. The EDD application asks why you stopped working and that's where you tell them what actually happened. Don't soften it.
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Paloma Clark
AuthorI did work pretty much exclusively for this one client for two years. Same hours every week, they had final say on revisions and deadlines. Does that matter?
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Diez Ellis
That description sounds a lot more like an employment relationship than a contractor one. Document everything you remember — the schedule, the control they had over your work, all of it.
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Vanessa Figueroa
the exclusivity thing is actually one of the factors California looks at. not saying it guarantees anything but it's worth laying out clearly when you file
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Abby Marshall
Something worth knowing about the base period — EDD normally looks at the first four of the last five completed calendar quarters. But if that window doesn't show enough wages to make your claim valid, they automatically check the alternate base period, which is the four most recent completed quarters instead. You don't have to request that switch, EDD does it on their own. The minimum to have a valid claim is either $1,300 in your best quarter, or at least $900 in your highest quarter with your total base period wages coming out to at least 1.25 times that amount. If any employer properly reported wages for you in those windows, it could be enough.
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Paloma Clark
AuthorSo even if most of my work was 1099, if even one client was treating me as an employee and reporting wages, that could count?
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Abby Marshall
Exactly. The claim is based on what's in the EDD wage records tied to your Social Security number. Even partial W2 work during the base period could give you a valid claim.
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Sadie Benitez
i had a mix of 1099 and W2 work in the same year and the W2 wages were enough to make my claim valid even though most of my income was 1099
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Drew Hathaway
Went through this two years ago. The waiting is the worst part. After I filed I kept refreshing UI Online to see if anything had changed. What finally happened was I got the Notice of Unemployment Insurance Award in the mail, the DE 429Z, which shows your weekly benefit amount if the claim is valid. Mine took about three weeks from filing to that letter showing up. I hadn't touched any W2 work in almost a year and mine still came through — there were wages from a client from the year before who'd apparently been classifying me as an employee without me realizing it.
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Paloma Clark
AuthorThree weeks sounds like forever when you have zero income coming in. Did you have to do anything while waiting or just sit tight?
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Drew Hathaway
You register in CalJOBS and post a resume — EDD sends a notice telling you to do that within 21 days. And you start tracking your work search activities. Other than that, you wait for EDD to process things.
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Laila Prince
the CalJOBS registration caught me off guard, i almost missed the deadline because i didn't realize it was a separate step from the EDD application
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Isabel Vega
Quick correction on something that comes up a lot in these threads: the DE 429Z letter that shows your weekly benefit amount is not an approval. It shows what your claim could pay if EDD decides you're eligible, but the actual eligibility decision is separate. If EDD determines you don't qualify, you get a Notice of Determination instead with the reason and an appeal form. I see people post saying 'I got the award letter so I'm approved' and then get confused when things still show as pending. The two things are different.
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Paloma Clark
AuthorOh I definitely would have read the DE 429Z as approval. Good to know that's not what it means.
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Noland Curtis
i made that exact mistake. got the letter, thought i was done, then found out there was still an adjudication issue on one of my weeks
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Dominique Adams
something i wish i'd known is that you're supposed to register in CalJOBS at caljobs.ca.gov and get a resume up within 21 days of when EDD mails you the registration notice. the notice is called the DE 8405 i think. if you let that slide it can hold up your payments. it's kind of buried in the paperwork they send you.
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Paloma Clark
AuthorIs that required even if you're a freelancer looking for contract work? Like does job searching as a freelancer count?
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Dominique Adams
I'm not sure how EDD handles the work search piece for freelancers specifically, that might be something to ask EDD directly. For the CalJOBS registration I don't think there's an exemption unless EDD tells you there is.
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Raul Neal
EDD's pages don't give a specific number of contacts you need to make each week — the work search requirement is real but the specifics of what qualifies in your situation is worth asking about
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Vanessa Figueroa
DE 429Z came within about two and a half weeks for me after filing. Weekly benefit amount showed $310. I'd had one part-time W2 gig mixed in with mostly 1099 work and that W2 quarter was just barely enough. The agent I spoke to through Claimyr had checked my record and told me which weeks were still pending — two of them were flagged, and she said to just keep certifying while EDD finished reviewing. Ended up getting paid for all of them.
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Paloma Clark
AuthorHow often do you certify? I keep seeing different things about whether it's weekly or every two weeks.
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Vanessa Figueroa
Every two weeks in California, not weekly. You certify for two weeks at once. First certification usually covers the waiting week and then one paid week.
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Marilyn Dixon
yeah it's definitely every two weeks, i think some people get confused because other states do it weekly but EDD is on a two-week cycle
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Christian Burns
The waiting week thing threw me completely. Everyone assumed the first week you're eligible you get paid, but California has an unpaid waiting week built in. The first time you certify you're basically certifying for the waiting week (unpaid) and then the next week. It doesn't reduce what your claim can pay overall, it's just the first week being a wash. Annoying but that's how it works.
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Paloma Clark
AuthorSo I'd effectively lose one week of benefits no matter what?
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Christian Burns
Not lose exactly — the total your claim can pay stays the same. You just don't get a check for that first week. The math still works out over the whole benefit year.
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Abby Marshall
Exactly right. The maximum benefit amount is 26 times your weekly amount or half of base period wages, whichever is less. The waiting week doesn't eat into that total.
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Louisa Ramirez
my cousin tried to tell me that 1099 workers definitely can't get unemployment anywhere. she was wrong about california specifically. the classification issue changes things here more than in a lot of places. i had to look it up myself before i believed it was even possible to file.
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Jenna Sloan
The misclassification angle is genuinely California-specific in its strength. AB5 made California one of the stricter states about this, which ironically benefits workers who were mislabeled as contractors.
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Louisa Ramirez
yeah i ended up filing and EDD did look into it. took longer than a regular claim but the process worked
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Marilyn Dixon
Filed my claim about a year ago after a client contract ended. I had no W2 income in the base period at all, everything had been 1099. EDD came back and said there were no wages on record and my claim wasn't valid. Got the Notice of Determination explaining that. Filed an appeal using the DE 1000M form that came with the notice, arguing misclassification. The appeal goes to the CUIAB and an administrative law judge handles the hearing. I'm still waiting on the outcome but at least there's a process.
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Paloma Clark
AuthorSo even if EDD denies you, there's still an appeal path? And you can argue misclassification at that stage?
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Marilyn Dixon
Yes, 30 days from the date on the Notice of Determination to appeal. Mail it to the address on the notice. The judge looks at both sides at the hearing.
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Muhammad Hobbs
And keep certifying during the appeal if you can — EDD can only pay back weeks that were certified. If the appeal goes your way and you stopped certifying, you lose those weeks.
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TommyKapitz
i keep reading about the AB5 thing and i genuinely don't understand how EDD decides whether someone was misclassified. like who makes that call? does the client get a say?
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Jenna Sloan
EDD makes the determination. They look at the actual nature of the work relationship — things like who controlled how the work was done, whether it was core business activity, whether the worker had their own independent business. The client gets notified but EDD decides.
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TommyKapitz
okay so the client can't just say 'we called them a contractor so they are one' and that settles it
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Jenna Sloan
Correct, the label doesn't decide it. The substance of the relationship does. That's the whole point of AB5.
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Sasha Reese
what nobody mentioned yet is that you should probably apply right away even if you're not sure. the claim starts from the Sunday of the week you file, not the week your contract ended. so every day you wait is a day you can't go back and recover. you can't backdate a claim.
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Paloma Clark
AuthorI've already been about three weeks since the contract ended. Does that mean I already lost those three weeks?
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Sasha Reese
Unfortunately yes, benefits go from when you apply forward. File today if you haven't yet.
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Drew Hathaway
This is the most important practical thing in this whole thread honestly. File first, sort out the eligibility questions after.
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Angel Campbell
Had a question about the actual filing process — when it asks for employer information and your last day worked, what do you put when it's a contract termination? Is the client the 'employer'? Do you list the end date of the contract?
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Muhammad Hobbs
For the purposes of the application, you list them as your last employer and the last day you worked for them as your end date. The reason would be something like contract terminated or end of contract. EDD uses all of that to contact your former client and get their side.
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Angel Campbell
Got it, so EDD actually reaches out to the client? Will that be awkward if I'm arguing misclassification?
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Jenna Sloan
EDD does notify them, yes. They send a DE 1101CZ to the last employer and give them 10 days to respond. If the client doesn't respond, EDD makes the call based on what you said. It might feel awkward but that's the standard process.
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Noland Curtis
The income question while you're on a claim is worth flagging too. If you pick up any freelance work during the benefit year, you have to report what you earned for the week the work happened, not when the client pays you. And there's a formula — the first $25 or 25 percent of your gross for that week, whichever is bigger, doesn't count against you, and the rest gets subtracted from your weekly benefit amount. So doing some contract work doesn't necessarily wipe out your payment for that week.
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Paloma Clark
AuthorThat's really helpful. I was afraid that if I took on a small project while waiting I'd just lose all my benefits for that week.
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Noland Curtis
Part-time or occasional work is handled differently than full-time. Full-time work in a week does end eligibility for that week regardless of the amount. But occasional project work is usually fine as long as you report it accurately.
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Laila Prince
the reporting part is key. whatever you earn, you put it in for the week you did the work. not the week the check clears.
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Raul Neal
Pension and Social Security question — if you've been contributing to a SEP-IRA or anything like that as a freelancer, does drawing from that count as income EDD cares about? Asking because I'm in a similar situation and planning ahead.
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Abby Marshall
Social Security benefits aren't counted by EDD and don't get deducted from your weekly benefit amount. For other retirement income like a pension based on past work, EDD may reduce your benefits — but it's EDD's call how much. I'd ask EDD directly about how your specific situation counts.
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Raul Neal
Good to know Social Security is off the table at least. The SEP-IRA piece I'll bring to EDD directly.
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Sadie Benitez
Worth noting for people reading this thread later — the weekly benefit amount is based on your highest-paid calendar quarter in the base period, and it's capped at $450 a week. So even if your income was high, $450 is the ceiling. For a lot of freelancers who had good years, that can feel like a big drop. File anyway because something is better than nothing while you're rebuilding.
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Paloma Clark
Author$450 max is less than I was making in a week but you're right, it's something. At this point I'd take it.
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Sadie Benitez
EDD's site has an Unemployment Benefit Calculator that estimates your weekly amount before you file. Might be worth running your numbers through it to get a rough idea.
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Laila Prince
Certifying is the part I almost messed up. After EDD processed my application I kept waiting for them to tell me to certify. Nobody tells you — you just have to know to log into UI Online about two weeks after you filed and do it. UI Online, myEDD, all accessible through myedd.edd.ca.gov. The Claim History section shows your pending weeks. You certify through the same portal.
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Paloma Clark
AuthorSo certifying isn't automatic, you have to initiate it yourself?
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Laila Prince
Yes, you log in and start it. You can also do it by phone with EDD Tele-Cert at 1-866-333-4606 if you don't want to do it online, but UI Online is the fastest.
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Angel Campbell
I missed my first certification window completely because I didn't realize it was on me to start the process. Had to call EDD to sort it out, painful experience.
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Payton Black
Ended up talking to an EDD agent about my own contract work situation — my biggest client had shifted me from W2 to 1099 mid-year and then ended the contract, so I had a mix of both in my base period. Used Claimyr to get through on the phone after two days of busy signals. The agent pulled up my record and saw the W2 wages from the first part of the year were still in the system, confirmed those weeks were in the base period, and told me to file and let EDD calculate the amount. Weekly benefit amount on my DE 429Z came out to $287.
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Paloma Clark
AuthorThat's exactly the kind of situation I might have — partial W2 from earlier work. Good to hear that the W2 portion still counted.
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Payton Black
File sooner rather than later. The base period is a fixed window and old wages can fall out of it the longer you wait.
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Harold Oh
taxes on unemployment benefits is something nobody thinks about when they're applying and then it hits them in the spring. federal taxes — yes, unemployment is taxable income at the federal level. California state taxes — no, California doesn't tax unemployment benefits. you can opt in to 10 percent federal withholding when you certify each time, which saves you from a surprise bill later.
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Paloma Clark
AuthorI had no idea California doesn't tax it. That's actually a nice piece of news in all of this.
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Harold Oh
Yeah the 10 percent federal withholding option is worth taking if you don't want to deal with estimated taxes. You can change it each time you certify.
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Christian Burns
EDD also sends a 1099G in January showing what you received. You can find it in UI Online under Payments if you need it before the mail arrives.
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Amun-Ra Azra
Reading through this whole thread while waiting on my own claim. Filed three weeks ago after a client ended our agreement, similar situation to the original poster. My Claim History in UI Online shows everything as Pending. Is that normal for this long?
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Abby Marshall
Pending weeks usually means EDD is still working through an eligibility question or verifying identity. Around the three-week mark for a new claim is still within normal range — EDD says it takes about three weeks to process a new application. If it stretches past that, reaching EDD directly by phone is probably the next step.
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Amun-Ra Azra
The phone line has been impossible to get through. I've tried the live chat in UI Online too but it times out before I connect with anyone.
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Vanessa Figueroa
Live chat through the Help button in UI Online runs Monday to Friday 9 to 2. That window is pretty narrow. Phone at 1-800-300-5616 is 8 to 5 weekdays. Early morning calls tend to get through faster than afternoon ones in my experience.
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Payton Black
Calling first thing when the lines open worked best for me when I needed to reach someone quickly. Persistence matters with EDD phones.
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