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Can I still get backpay if I find a job while waiting for my EDD appeal hearing?

I'm in a weird situation with my EDD appeal. Got disqualified after my employer contested my claim (said I quit when I was actually laid off during restructuring). Filed an appeal about 6 weeks ago and still waiting for my hearing date. Meanwhile, I'm still certifying every two weeks and doing all the required job searches to stay eligible. My question is: What happens if I actually land a job before my appeal hearing happens? If I stop certifying because I'm working again, but then WIN my appeal later, will EDD backpay me for all those weeks I certified while unemployed? Has anyone been through this? The bills are piling up and I'm applying everywhere, but also don't want to lose out on benefits I'm entitled to if my appeal is successful.

Yes, if your appeal is successful, you should receive backpay for all the weeks you properly certified for and were eligible during that period - regardless of whether you're employed by the time the appeal hearing happens. Just make sure you're maintaining detailed records of your job search activities for each certification period. The key is that you're continuing to certify properly while unemployed.

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That's a relief! So even if I get a job next week, they'll still pay me for the previous 6 weeks I've been certifying? Do I need to bring any special documentation to the appeal hearing to prove I was job searching during this time?

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I WENT THRU THIS EXACT THING last year!!!! My boss said I was fired for misconduct when I was actually laid off with 5 other people. EDD sided with him at first (OF COURSE) & I had to appeal. Keep certifying for every week you're unemployed, save ALL your job search records. When I won my appeal 3 months later, they paid me for all those weeks I certified even tho I had a new job by then. THE SYSTEM IS RIGGED but if you stay on top of it you'll get your $$$

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That gives me hope! Did they contact you for your appeal date or did you have to keep calling them? I feel like I'm in limbo just waiting.

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Make sure u keep good records of all ur job applications! When I had my appeal they asked for specific details about where I applied. If u get a job b4 the hearing just let them know at the hearing. As long as u certified correctly for the weeks u were unemployed u should get paid for those weeks if u win.

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this is so true!! they asked me for my job search records going back 8 weeks and i didnt have all of them... lost my appeal partly because of that :

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Just went through a similar situation. Waiting for appeals can take anywhere from 8-12 weeks right now based on my experience. If you're struggling to get updates on your appeal status, I recommend using Claimyr (claimyr.com). They got me connected to an actual EDD rep who could see my appeal status in their system. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km But yes, to answer your question - if you win your appeal, you'll get backpay for all properly certified weeks when you were eligible, even if you're working by the hearing date. I won my appeal and got paid for 9 weeks of certifications even though I had already started a new job 3 weeks before the hearing.

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Thanks for the Claimyr suggestion. I might try that since it's been radio silence from EDD about my appeal date. Did you have to prepare anything special for your hearing? I'm getting nervous about facing my former employer.

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my cousin had something like this happen last summer and he got a job while waiting for appeal but ended up winning and got all the back weeks paid to him. just make sure ur certifying right and not making mistakes on those forms!!! they look for ANY reason to deny u

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From my understanding, what matters is your eligibility status during each week you certified. If your appeal determines you were eligible for those weeks, you should receive payment for them regardless of your current employment status. Just be prepared to explain your job search efforts during the appeal hearing.

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That makes sense. I've been keeping a spreadsheet of all my applications with dates, company names, positions, and contact info. Hopefully that's enough documentation.

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wait im confused. if u get a job do u have to tell edd right away or can u wait until after appeal??? i dont want to get in trouble for fraud or something

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You always need to report when you start working on your certification for that period. Once you're employed, you'll report your work and earnings, and depending on how much you earn, you might receive reduced benefits or none for that week. But this has no impact on your eligibility for previous weeks when you weren't working.

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To clarify something important: when you do get a job, you must report it on your bi-weekly certification for that period. Report your hours worked and wages earned truthfully. If your wages are below your weekly benefit amount, you might still get partial benefits. Once you're fully employed, you'll stop being eligible going forward, but that has no effect on your past weeks. For your appeal hearing, bring as much documentation as possible: emails about the layoff, any communication showing it was a company restructuring, names of other employees who were laid off at the same time, performance reviews if they were positive, etc. The more evidence you have contradicting your employer's claim that you quit, the better your chances.

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Hey did u ever get ur appeal date yet? Mine took almost 3 months to get scheduled! The waiting is the worst part

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Not yet! It's been 6 weeks of silence. I've tried calling but can never get through. Starting to wonder if my mail got lost or something. Did you do anything to speed up the process?

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One more IMPORTANT thing!!! When you do get a job, make sure you report it on your certification CORRECTLY. If you report it wrong, they might try to hit you with an overpayment later! And they'll want ALL that money back, plus they might even add penalties!!! EDD is ALWAYS looking for ways to take money back from us!!

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When you do get your appeal date, be prepared and organized. Bring a timeline of events, any documentation supporting your case (emails about the layoff, etc.), and your job search records. In my hearing, the judge asked very detailed questions about my separation from employment. Your former employer will likely participate, so be ready to counter their claims professionally. And yes, winning means you'll get backpay for all those certified weeks - usually within 7-10 days after the favorable decision. It will come all at once, which was actually a nice lump sum for me after months of financial stress.

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Thank you so much for this detailed advice. I've been gathering emails and messages from when the layoff happened. Fortunately, I know at least 3 other people who were laid off in the same restructuring, so hopefully that helps my case too.

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Having those coworkers who were also laid off in the same restructuring is HUGE for your case! If possible, try to get written statements from them confirming the circumstances of the layoff - even just a simple email or text screenshot saying "yeah, we were all laid off together during the company restructuring on [date]" can be powerful evidence. The more witnesses you have to contradict your employer's "quit" story, the stronger your position. Also, if your company sent out any official communications about the restructuring (even internal memos or announcements), those would be gold for your hearing. Don't stress too much about the waiting - appeals are taking forever right now, but you're doing everything right by continuing to certify and job search!

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