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Anastasia Ivanova

Can my husband backdate EDD claim for reduced hours from 7 months ago?

My husband's been dealing with reduced hours since September 2024 (about 7 months now). He didn't apply for unemployment right away because his manager kept promising his hours would go back to normal "next month." Well, it's been 7 months of waiting and our savings is finally running thin. We just found out he could've been claiming unemployment benefits this WHOLE TIME for the reduction in hours (his schedule went from 40 hours to about 15-20 per week). Nobody at his workplace mentioned this was possible! My question is: Can he backdate his initial EDD claim all the way to September when his hours were first reduced? Or is there a limit to how far back EDD will let him go? Would REALLY appreciate any advice because we could definitely use those retroactive payments if possible. Thanks in advance for any help!

Unfortunately, EDD typically allows backdating claims up to 30 days prior to filing with good cause. Seven months would be extremely difficult to get approved for backdating. The EDD considers being unaware of benefits eligibility as not meeting their "good cause" standard. He should absolutely file now though! Have him apply immediately so he can start receiving benefits for his reduced hours going forward. When he files, he'll need to report any earnings from his part-time work during certification, and EDD will calculate partial benefits based on what he's already earning.

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Ugh, this is so frustrating... I wish we had known sooner. Do you think there's ANY chance they'd make an exception? His manager kept telling him things would go back to normal, so he didn't think he needed to file. Is that considered good cause?

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my cousin got his claim backdated 2 months but that was becuz the edd website was down when he tried to apply. they said you need like actual good reason not just not knowing u could apply. sry bout that situation tho

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Thanks for sharing. Yeah I'm starting to realize we're probably out of luck for the backdating part :

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Look, I hate to be the bearer of bad news, but EDD is INCREDIBLY strict about their backdating rules. They don't consider "I didn't know I could file" as valid reason AT ALL!!! I fought with them for 2 months trying to backdate just 6 weeks and they denied me repeatedly even though I had documentation showing their phone lines were constantly busy. The system is RIGGED against workers and designed to save them money by hoping people don't file! Your husband should definitely file NOW though because he's still eligible going forward. But don't get your hopes up about those 7 months. The system is broken.

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While I understand your frustration, there are legitimate reasons why EDD limits backdating claims. The unemployment insurance system requires timely filing so they can verify eligibility during the actual period of unemployment or reduced hours. To the original poster: Your husband should request backdating when he files by indicating he had reduced hours since September. Though unlikely they'll backdate 7 months, sometimes they will make exceptions on a case-by-case basis. It doesn't hurt to try! More importantly, he should file immediately to start receiving benefits going forward.

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Same thing happened to me last year! My boss kept saying "next week will be better" for like 3 months before I realized I needed to file. When I did file I asked for backdating and they only gave me like 3 weeks back. Better than nothing I guess but yeah dont expect all 7 months.

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When your husband files his claim, he'll need to submit a "Request to Backdate" form DE 109. He should clearly explain why he didn't file earlier (manager's promises, lack of knowledge about eligibility for reduced hours, etc.). Here's the process: 1. File the regular UI claim online first 2. After filing, submit the backdate request 3. Include detailed explanation and any supporting evidence 4. Be prepared to certify for all backdated weeks if approved Realistically, as others have mentioned, 7 months is beyond what EDD typically approves. The standard maximum backdate period is 30 days, though exceptions are sometimes made. Best to file ASAP and at least request the backdating - worst they can say is no. Also important: when certifying with reduced hours, he'll need to report all earnings during certification weeks. EDD will reduce his weekly benefit amount based on his earnings, but he'll still get partial payments as long as he doesn't earn more than his weekly benefit amount.

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This is really helpful information! We'll definitely try the backdate request form. Is there a specific place on the application where he can note his hours were reduced back in September, or does he just put the current date and then file the separate backdate form?

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To answer your follow-up question: When filing the initial claim, he should use the current date as his last day of full-time work (since he's still employed with reduced hours). After submitting the claim, he'll need to separately request backdating through the DE 1009 form. The online application doesn't have a specific field for noting when hours were first reduced - that's what the backdate request is for. Make sure he keeps detailed records of his work schedule showing when hours were reduced and by how much, as EDD may request this information.

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Got it. Thank you so much for explaining this clearly! We're going to have him file tonight.

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Have you tried calling EDD directly to ask about your specific situation? I spent WEEKS trying to get through to someone at EDD when I had a similar question last month. Constant busy signals, disconnections, and the dreaded "we're experiencing high call volume" message. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes after struggling for days on my own. They have a demo video of how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep I spoke with was actually really helpful and gave me specific instructions for my situation. Might be worth trying since your backdating question is pretty specific and you'd probably get the most accurate answer directly from EDD.

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I've been avoiding calling because I heard it's impossible to get through. I'll check out that service - at this point it's worth getting definitive answers directly from EDD. Thanks for the recommendation!

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Just wanna add - make sure ur husband keeps certifying EVERY WEEK even if the claim is pending. My friend didn't certify while waiting for EDD to process his claim and lost 3 weeks of benefits he couldn't get back!!

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One additional point worth noting: If your husband applies and is approved for UI benefits based on reduced hours, he'll still need to meet all other eligibility requirements. This includes being able and available for work and actively seeking additional employment to supplement his reduced hours. During certification, EDD will ask if he's looking for work. He should be applying for additional part-time jobs or full-time positions to maintain eligibility. He'll need to list at least 3 work search activities per week typically. Also, depending on his industry and skills, he might qualify for EDD's training extension if he wants to use this opportunity to gain new skills while working reduced hours. Just something to consider for the long term if his employer doesn't restore his schedule.

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That's a good point about the work search requirements. He's been casually looking for a new full-time job already since the reduced hours don't seem to be changing anytime soon. Would applying to full-time positions satisfy the work search requirement even though he's currently still employed part-time?

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Yes, applying for full-time positions absolutely satisfies the work search requirements. In fact, that's exactly what EDD expects from someone on reduced hours - that they're trying to find more complete employment. Just make sure he keeps records of all job applications (company name, position, date applied, contact info if available) as EDD occasionally conducts eligibility interviews to verify work search activities.

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