Can I still file EDD appeal 5 days after deadline? Mixed W2/self-employment claim mess
I'm in a total panic right now and could use some guidance! I received a disqualification notice after my former employer won their appeal, but I completely missed the deadline to file my own appeal - it was due 5 days ago! Has anyone successfully filed a late appeal with EDD? My situation is complicated: I originally worked both a W2 job and had my own side business. Started on regular UI when I got laid off from my W2 position (something ridiculous about 'restructuring' that I'm pretty sure was just an excuse). My claim was initially approved, I received payments, but then my former employer appealed. I actually had a phone interview with an EDD rep who told me everything looked fine and that I qualified! But then my employer appealed AGAIN, and this time the judge ruled in their favor. Now I'm disqualified and expected to repay $4,700! I'm absolutely devastated and don't know if I should try filing the late appeal, go to an EDD office in person, or just start figuring out how to repay money I don't have. Has anyone dealt with filing an appeal past the deadline? Any advice is so appreciated.
24 comments
Nina Fitzgerald
Yes, you can still file an appeal even though you're past the deadline! The key is to clearly explain your 'good cause' for filing late. On the appeal form, there's a section where you explain why you missed the deadline. Be specific - stress factors, confusion about the complex process, misunderstanding the notice, etc. I've worked with several people who filed late appeals successfully. The judges understand that the system is complicated, especially with mixed employment types like yours. But don't wait any longer - file it IMMEDIATELY. Every additional day makes it harder to justify the delay.
0 coins
Kylo Ren
•Thank you so much for this ray of hope! I've been so stressed about this whole situation that I completely missed checking my mail regularly. Do you know if I can submit the appeal online or do I need to mail it in? And should I include any documentation about my work history with the appeal?
0 coins
Jason Brewer
OMFG the same EXACT thing happened to me last yr!!! My boss fired me sayin i was 'unreliable' which was TOTAL BS, i just had childcare issues sometimes. EDD approved me then my ex-boss appealed and won even tho i explained everything to the EDD interviewer!!! I missed my appeal deadline by like 2 weeks cuz i was dealing w/ so much other stuff. I ended up filing late and guess what?? They ACCEPTED it!!! Just write that u were overwhelmed and didnt understand the process. good luck!!!!!
0 coins
Kylo Ren
•That's amazing that they accepted your late appeal! Did you have to attend a hearing after filing the late appeal? I'm so nervous about the whole process and don't want to say the wrong thing.
0 coins
Kiara Fisherman
I'd recommend filing the appeal immediately with a detailed explanation for why you missed the deadline. EDD allows for 'good cause' exceptions to the 30-day rule. Stress, confusion about the process, or not fully understanding the notice can all qualify as good cause. For your actual case, make sure you gather evidence showing why you were eligible. If you were laid off for "restructuring" but the employer later claimed misconduct, collect any documentation contradicting their claims - performance reviews, emails praising your work, communications about the layoff, etc. The fact that an EDD representative told you everything was fine during your interview is significant - note the date of that conversation and any details you remember from it in your appeal. You can submit appeals online through UI Online or by mail using the DE 1000M form.
0 coins
Liam Cortez
•^^^^THIS. The 'good cause' exception saved me when I missed my deadline by 9 days. Judges understand that most people don't have experience navigating bureaucratic processes. Just be honest about why you missed it.
0 coins
Savannah Vin
Trying to reach EDD directly is KEY here! I was in a similar situation (missed deadline by 8 days) and needed to explain my situation to someone. I kept calling and couldn't get through for DAYS! Then I found this service called Claimyr (claimyr.com) that got me connected to an EDD rep in under 25 minutes when I'd been trying for a week with no luck. They helped me get through and I was able to explain my situation. The rep actually gave me advice on exactly what to write on my late appeal form. You can see how it works in their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Talking to an actual EDD representative before submitting your late appeal can make a huge difference. They can note in your account that you called seeking help about the late appeal situation.
0 coins
Mason Stone
•I've heard about this claimyr thing. Does it really work? I'm always skeptical of services that claim to help with EDD... so many scams out there.
0 coins
Makayla Shoemaker
dont give up! ur still so close to the deadline they probly wont even notice lol. ive been thru 2 appeals and the judges are way nicer than you expect. its not like court on tv
0 coins
Kylo Ren
•That's reassuring to hear! I've been imagining some intimidating courtroom situation.
0 coins
Jason Brewer
One thing nobody mentioned - if you mail in the appeal form, SEND IT CERTIFIED MAIL with tracking!! I learned this the hard way when EDD claimed they never received my first appeal form. Keep copies of EVERYTHING and take screenshots of any online submissions. The system is chaotic and things get lost all the time!
0 coins
Kiara Fisherman
•This is excellent advice. Documentation is crucial when dealing with EDD. I'd also recommend sending any supporting documents with your appeal rather than waiting to be asked for them. Make it as easy as possible for the judge to rule in your favor by providing everything upfront.
0 coins
Liam Cortez
i missed my deadlne by 3 weeks and still got my appeal. what they care about most is if you have a good reason for being late. dont overthink it just be honest why you missed it
0 coins
Mason Stone
Im confused. How did u go from PUA to regular UI? Ive always been told you cant switch between them? Did EDD move you or did you file a new claim? This could be important for your appeal because the qualification requirements are different.
0 coins
Nina Fitzgerald
•Good catch. This is actually an important detail that could affect the appeal. When someone has mixed income (W2 and self-employment), EDD is supposed to put them on the program they qualify for with the highest benefit amount. If they initially qualified for regular UI based on W2 earnings, they should have been on that from the start, not PUA. This might strengthen the appeal case if there was EDD error involved in the claim type classification.
0 coins
Kiara Fisherman
I've prepared a step-by-step plan for you to maximize your chances with a late appeal: 1. File DE 1000M form IMMEDIATELY - either online or paper (certified mail if paper) 2. In Section 6, provide a clear, honest reason for filing late (stress, confusion about process, misunderstood deadline) 3. Gather documentation for your case: final paystub, termination notice, any communication about the layoff 4. Request your claim file through a Privacy Act request to see what your employer claimed 5. If you attend a hearing, be concise and focused on facts, not emotions 6. Request a copy of your interview notes where the EDD rep told you everything was fine Don't wait any longer - even one more day reduces your chances of the late appeal being accepted.
0 coins
Kylo Ren
•Thank you so much for this detailed plan! I'm going to start on this immediately. Should I also mention anything about my mixed employment history in the appeal? Or focus just on the reason for the termination from my W2 job?
0 coins
Savannah Vin
After your late appeal is submitted, you'll need to prepare for two battles: first, getting them to accept the late appeal, and second, winning the actual case about your eligibility. For the second part, if your employer is claiming misconduct, you need evidence showing their claims are false. Text messages, emails, performance reviews - anything showing you were doing your job properly. I had to defend against false allegations from a former employer too, and documentation was what saved me.
0 coins
Makayla Shoemaker
what was the exact reason they said u were disqualified?? thats super important for your appeal!!
0 coins
Kylo Ren
•The notice said I was disqualified under Section 1256 because my employer provided evidence that I was terminated for misconduct. But that's completely untrue! They told me it was a restructuring and eliminated my position. I never received any warnings or negative feedback before being let go.
0 coins
Jason Brewer
The WORST part of this whole process is having to pay back money that you already spent on bills and food!!! If your appeal is denied MAKE SURE you request a waiver for repayment due to financial hardship. They don't tell you about this option but it exists!!! Don't let EDD bully you into payments you can't afford!!!!
0 coins
Kiara Fisherman
•Excellent point about the overpayment waiver. You can request this by submitting the DE 1446W form. EDD can waive repayment if you can show that recovery would cause extraordinary hardship and the overpayment wasn't due to fraud or misrepresentation on your part. Document your financial situation thoroughly if you need to go this route.
0 coins
Nina Fitzgerald
One last bit of advice - if you've been scheduled for an appeal hearing, take time to carefully review the Judge's Handbook on the CUIAB website. It's available publicly and shows exactly how judges are instructed to handle appeals, including late appeals. This information can be incredibly valuable as you prepare your case. The judges actually have significant discretion in accepting late appeals when there's a reasonable explanation.
0 coins
Kylo Ren
•Thank you for mentioning this resource! I had no idea something like this existed. I'll definitely look it up and study it before my hearing. I just submitted my late appeal online and included a detailed explanation about the stress and confusion I've been experiencing. Fingers crossed they accept it!
0 coins