Disqualified for answering 'yes' on EDD certification - can I appeal for just those weeks?
I royally messed up my EDD certification and might have cost myself benefits. I checked 'yes' to 'was there any reason other than sickness that you couldn't have accepted work' during my first two certification periods. I thought this was asking why I was unemployed, not if I was available for work! So embarrassing. After my 1st week certification, I had a phone interview and surprisingly still got paid. Thinking I did it right, I certified the 2nd time exactly the same way. Got another interview but this interviewer was totally different - she basically said I'd likely be disqualified because my answers suggested I wasn't available for work. Sure enough, got the disqualification notice. The EDD rep mentioned something about being disqualified indefinitely which sent me into a panic, but I was still able to certify for my newest weeks (and I answered correctly this time!). So my questions: 1. Am I only disqualified for those first two weeks I messed up on? 2. Is an appeal worth trying since it was honestly just me misunderstanding the question? 3. Will my new certifications (that I filled out correctly) be processed normally? I'm so stressed about this. First time ever on unemployment and already screwed it up. Any advice appreciated!
20 comments
Alicia Stern
Don't panic! This is a pretty common mistake. The EDD certification questions are worded in a confusing way - they're essentially asking "is there any reason you CAN'T work" but many people interpret it as "tell us why you're not working." From my experience, you'll likely only be disqualified for the specific weeks where you answered incorrectly. Since you're able to certify for new weeks, the system recognizes your claim is still active. The "indefinitely" comment probably meant you couldn't get those specific weeks back without an appeal. I'd definitely file an appeal! I've seen many people win these appeals when it was clearly just confusion about the question. Be sure to explain exactly what happened - that you misunderstood what was being asked and were actually available for work during those weeks. Your new certifications should process normally as long as you're answering correctly now.
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Alexander Zeus
•Thank you so much! That makes me feel better. Do you know how long the appeal process takes? I'm worried about making ends meet without those two weeks of benefits.
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Gabriel Graham
omg i did the EXACT same thing when i first filed!! that question is worded so weird. i got disqualified for 2 weeks but then my payments started coming normally after i figured out i was answering wrong.
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Alexander Zeus
•That's a relief to hear! Did you appeal the disqualification for those two weeks or just move forward with the correct answers?
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Drake
You definitely should appeal this decision. I've worked with several clients who had this exact same misunderstanding. The EDD form is notoriously confusing. When you file your appeal, be very specific that you misunderstood the question and that you were actually available for work during those weeks. Provide any evidence that shows you were job searching during that time. To answer your questions directly: 1. Yes, you should only be disqualified for the specific weeks you answered incorrectly 2. Absolutely file an appeal - many people win these exact appeals 3. Your new certifications should process normally as long as you're answering correctly The appeal form is DE 1000M, and you need to submit it within 30 days of receiving your disqualification notice. Be prepared for the appeal process to take 1-3 months, unfortunately.
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Sarah Jones
•Not OP but I'm having the same issue! Quick question - will the appeal hearing be in person or over the phone? I'm super anxious about having to go before a judge.
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Drake
•Most appeal hearings are conducted by phone these days, though you can request in-person if you prefer. The Administrative Law Judge is typically very professional and will give you plenty of opportunity to explain your situation. It's not like a criminal court - they're just trying to determine if you were actually eligible during those weeks.
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Sebastian Scott
This question trips up EVERYONE. The EDD needs to seriously reword it or add better instructions. I got disqualified for 6 weeks because of this same misunderstanding and couldn't pay rent on time. The system is broken!!! 😡
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Alexander Zeus
•6 weeks?! That's awful! Did you try appealing? This is seriously stressing me out.
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Sebastian Scott
•Yeah I did appeal but it took forever. Almost 3 months to get a hearing date. I eventually won but by then I was already working again. The whole system is designed to be confusing so people mess up and they don't have to pay benefits.
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Emily Sanjay
If you're having trouble reaching EDD about this issue, you might want to try Claimyr. They help you get through to an EDD representative on the phone without the endless busy signals. I was trying for weeks to talk to someone about a similar certification mistake and kept getting disconnected. Used their service and got through to a rep in about 30 minutes who was able to explain exactly what I needed to do to fix my claim. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and their website is claimyr.com. It was a lifesaver when I needed to talk to someone about my certification issues.
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Alexander Zeus
•Thank you! I've been trying to get through on the phone for days with no luck. I'll check this out - I really need to talk to someone who can explain exactly what I need to do for the appeal.
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Jordan Walker
You absolutely need to file an appeal using the DE 1000M form. I help people with EDD issues, and that question trips up so many first-time claimants. The appeal process is straightforward: 1. Fill out the appeal form explaining you misunderstood the question and were actually available for work 2. Submit any evidence of job search activities during those weeks 3. Be prepared to wait 6-12 weeks for a hearing date 4. At the hearing, clearly explain the misunderstanding In the meantime, keep certifying correctly for your current weeks. The previous disqualification shouldn't affect your ongoing benefits as long as you're answering the questions correctly now. One important thing: keep certifying for ALL weeks even while your appeal is pending. Many people stop certifying during appeals, which creates even more problems.
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Gabriel Graham
•this is good advice! i didnt appeal my 2 weeks cuz i didnt know i could and just moved on but def keep certifying!!
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Natalie Adams
Is there a timeframe to submit the appeal? I did this same thing last year but just gave up on getting those weeks paid...
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Jordan Walker
•You have 30 days from the date on your Notice of Determination to file an appeal. However, if you have good cause for filing late (like never receiving the notice or not understanding your right to appeal), you can still file and explain why it's late. I've seen late appeals accepted when there was a legitimate reason for the delay.
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Sarah Jones
When you do your appeal hearing, make sure you're super clear that you were available for work during those weeks! I had almost the exact same situation but I got nervous during my hearing and didn't clearly state that I was available for work during the disputed weeks. Judge denied my appeal because of this technicality even though it was clearly just a misunderstanding. Had to file a second appeal to fix it. So frustrating.
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Alexander Zeus
•Thanks for the heads up! I'll definitely make sure to be very clear about being available during those weeks. Sorry you had to go through a second appeal - that sounds incredibly frustrating.
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Alicia Stern
You'll get through this! One more thing - remember that EDD will ask during your appeal if you were actively looking for work during those weeks. Be prepared with details of any job applications, networking, or resume updates you did during that time. Having specific dates and companies can really help your case.
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Sebastian Scott
•This is so important!! I wish someone told me this before my hearing. The judge asked for specific job search activities and I wasn't prepared with details. Document EVERYTHING.
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