EDD Appeal Decision Confusion - Code Section 1256 Qualification vs 1253(c) Ineligibility
Just received my appeal decision from CUIAB and I'm totally lost trying to understand what it means for my benefits. The letter has two different 'subcases' with opposite results: Subcase 7: "The notice of redetermination is set aside. The original silent determination that held the claimant qualified for benefits under code section 1256 is reinstated. Benefits are payable provided the claimant is otherwise eligible." Subcase 8: "The department's determination is affirmed. The claimant is ineligible for benefits under code section 1253(c) for the period in question." So am I approved or denied? One part says I'm qualified under 1256 but the other says I'm ineligible under 1253(c). Does this mean I'll get some payments but not others? The decision also mentioned something about my employer's reserve account not being charged. Can someone please explain what this all means in plain English?
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Oliver Cheng
You've actually got a partial win there! Let me break it down: Section 1256 deals with whether you were fired/quit with good cause - looks like they ruled in your favor on this (Subcase 7), meaning you weren't disqualified for how your employment ended. But Section 1253(c) is about being able and available for work during specific weeks - they found you ineligible for that reason during whatever period they mention in Subcase 8. Basically, you won on the separation issue but lost on the availability issue for some weeks. You should be eligible for benefits for any weeks where you WERE available for work, just not for the specific period mentioned in Subcase 8.
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Ashley Simian
•Thank you so much for explaining! So from what I understand, I'll receive benefits except for the weeks mentioned in Subcase 8 where they determined I wasn't available for work? My online account still shows 'appeal pending' status for all my certifications - any idea how long it typically takes for them to update and release payments after a decision like this?
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Taylor To
this happend 2 me last yr...the 1256 is good news it means u quit/fired with good cause but the 1253c means ur not looking 4 work during sum weeks. u need 2 call EDD cuz they wont update ur account automatic
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Ella Cofer
•God, EDD makes everything so complicated! Why can't they just say "you get money for these weeks but not those weeks" in plain English? The whole system is designed to confuse us so we give up. I spent 9 MONTHS fighting my appeal last year and nearly went bankrupt waiting.
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Kevin Bell
The decision you received is actually quite common. Section 1256 determines if you're disqualified based on separation reason (quit/fired), while 1253(c) is about being able and available for work during certification weeks. Your favorable 1256 decision means you weren't disqualified for how your job ended. The part about employer reserve account not being charged means your former employer won't have their UI tax rate affected by your claim. However, the 1253(c) determination means you didn't meet the work search requirements or weren't available for work during specific weeks. You should receive benefits for all weeks EXCEPT the period specified in the 1253(c) determination. However, EDD won't automatically update this - you need to contact them to implement the judge's decision. Unfortunately, reaching them can be challenging.
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Savannah Glover
•I had a similar situation and tried calling EDD for weeks with no luck - always got the "maximum calls reached" message. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep same day. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it to get my appeal processed correctly and payments released.
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Felix Grigori
Is there any chance you failed to certify or reported something on your certification for those specific weeks? 1253(c) usually means you either didn't complete work search activities OR you reported not being available for work (like if you were on vacation, sick, had transportation issues, etc). The good news is that you won't have a 5-week penalty since you were found qualified under 1256, which is a huge win! But you'll still need to get EDD to process this decision which means... calling them repeatedly until you get through.
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Ashley Simian
•You're right - I was in the hospital for 2 weeks in February and reported that I wasn't available to work during that time. I guess that must be the 1253(c) period they're referring to. I've been trying to call for 3 days now but can't get through. I'll keep trying or maybe try that Claimyr service someone mentioned. How long did it take for your payments to start after winning a similar appeal?
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Felicity Bud
wait im confused why would they say your eligible under one code but not eligible under another code??? seems like EDD trying to have it both ways as usual lol. also what does "silent determination" mean? never heard of that before
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Oliver Cheng
•A "silent determination" just means EDD initially approved the claim without issuing a formal written decision. They do this when they review a claim and find no issues - they silently determine you're eligible without sending a specific approval notice. It's only when there's a potential issue that they send a formal determination notice. The two different code sections are evaluating different eligibility requirements - it's completely normal to pass one test but fail another.
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Ella Cofer
MAKE SURE YOU KEEP CERTIFYING even while waiting for them to process the appeal decision!!! I won my appeal but they disqualified me for some weeks because I stopped certifying while waiting. The EDD system is literally designed to deny benefits any way possible.
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Ashley Simian
•Thanks for the reminder! I've been certifying every two weeks even though everything's been pending. So frustrating that they make this process so complicated.
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Max Reyes
my sister had the exact same situation last month, she won on 1256 but lost on some weeks for 1253c. what happened was she got backpaid for all weeks EXCEPT the ones where she wasn't available. took about 10 days after the appeal decision for money to hit her account but she did have to call and tell them to process the payment.
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Felix Grigori
•That's a good data point. In my experience with clients, payment timing varies widely after appeal decisions - anywhere from 5 days to 4 weeks. It really depends on how quickly the appeals board transmits the decision to EDD and whether someone actively calls to follow up. The system rarely updates automatically.
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