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?
28 comments


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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Nolan Carter
This sounds like a frustrating but ultimately positive outcome! Based on what others have shared, it seems like you'll get paid for most weeks except the hospital period you mentioned. One tip that helped me when I had to call EDD - try calling right at 8:00 AM when they open, or around 12:00 PM when some reps come back from lunch. The hold times are usually shorter then. Also, have your appeal decision letter ready when you call because they'll need the specific case numbers to process everything correctly. Good luck getting through to them!
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Aidan Percy
•Great advice about the call timing! I've been calling randomly throughout the day but will try those specific times. Question - when you finally got through, did they immediately update your account or did you have to wait additional days for the changes to take effect? I'm worried about more delays even after I reach someone.
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Paolo Longo
Congratulations on the partial win! I went through something very similar last year. The 1256 ruling in your favor is huge - that means no disqualification penalty for how your job ended. The 1253(c) denial for your hospital weeks makes perfect sense since you correctly reported being unavailable during that time. From my experience, once you get through to EDD (and yes, it's a nightmare), they should release payments for all weeks except those hospital weeks pretty quickly. I'd recommend calling first thing at 8 AM sharp - I had better luck then. Also, when you do get through, ask the rep to send you a written confirmation of what payments they're processing. That way you have documentation if there are any issues later. The employer reserve account part just means your former employer won't see their UI tax rate go up because of your claim - doesn't affect your benefits at all. Keep certifying while you wait and don't give up on calling!
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Liam Brown
•This is incredibly helpful, thank you! I'm definitely going to try calling at 8 AM sharp tomorrow. The written confirmation tip is brilliant - I never would have thought to ask for that but it makes total sense given how often EDD seems to have "system issues" that make things disappear. Really appreciate you taking the time to share your experience, it gives me hope that this will actually get resolved soon!
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Natasha Romanova
This is actually a pretty encouraging outcome for you! The fact that you won the 1256 determination means you avoided what could have been weeks or months of disqualification - that's a major victory. The 1253(c) issue for your hospital stay is completely understandable and you did the right thing by honestly reporting you weren't available during that time. One thing I'd add to what others have said about calling EDD - if you have trouble getting through on the main number, try calling the disability insurance (DI) line and ask them to transfer you to UI. Sometimes that routing works better than the direct UI number. Also, have your Social Security number, the appeal decision date, and those subcase numbers ready before you call. The system showing "appeal pending" is normal - it won't update until someone manually processes the judge's decision. But once they do, you should see a significant backpay deposit for all the eligible weeks. Hang in there!
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Kai Santiago
•That's a really smart tip about calling the DI line and asking for a transfer! I never would have thought of that workaround. I've been banging my head against the wall trying the main UI number for days. Definitely going to try that tomorrow along with the 8 AM timing. It's so frustrating that we have to find these creative solutions just to talk to someone about our own benefits, but I really appreciate everyone sharing what actually works in practice!
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Omar Farouk
This is actually great news overall! You've got a mixed but mostly positive decision. The 1256 ruling means you won't face the typical 5-7 week disqualification penalty that many people get when EDD thinks they quit or were fired for misconduct - that's HUGE. The 1253(c) denial is likely just for those specific weeks when you were hospitalized and correctly reported being unavailable. You did exactly what you were supposed to do by being honest on your certifications. Here's what should happen next: You'll get backpay for ALL weeks except the hospital period. But like everyone said, you absolutely need to call EDD to get this processed - they won't do it automatically. Pro tip: Try the callback feature on the EDD website if you can access it. Sometimes it's faster than sitting on hold. And when you do get through, ask them to email you a summary of what they're processing so you have a paper trail. Keep certifying for current weeks too - don't let any new weeks become ineligible while you're waiting for this to get sorted out. You're almost at the finish line!
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Mateo Rodriguez
•This is such a relief to read! I was honestly panicking when I first got that decision letter because the legal language made it sound like I was both approved and denied at the same time. It's amazing how much clearer everything becomes when people explain it in normal terms instead of government speak. I had no idea there was a callback feature on the website - I've just been trying to call the regular way. Going to look for that option right now. Thanks for breaking this down so clearly and giving me hope that I'll actually see some money soon!
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Yara Sabbagh
Hey Ashley! This is actually a really common type of split decision and you should feel encouraged! Let me add some perspective as someone who went through something very similar. The 1256 ruling is the big win here - that protects you from a lengthy disqualification period. The 1253(c) issue for your hospital weeks is totally reasonable and you absolutely did the right thing reporting that you weren't available. One thing I haven't seen mentioned yet - when you do get through to EDD, ask them specifically about any overpayment notices. Sometimes when they process these split decisions, the system generates confusing overpayment letters even though you don't actually owe anything. If that happens, don't panic - just call back and have them explain it. Also, document everything! Take screenshots of your current account status before calling, and after they make changes. Write down the rep's name and badge number when you speak to them. EDD's system has a habit of "forgetting" things and you'll want that paper trail. You're so close to getting this resolved. The hardest part (winning the appeal) is already done. Now it's just the administrative headache of getting them to implement what the judge already decided in your favor!
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Harold Oh
•This is exactly the kind of detailed advice I was hoping to find! I never would have thought about potential overpayment notices - that would definitely send me into another panic if I wasn't expecting it. The documentation tip is so smart too, especially given all the horror stories I've read about EDD's system "losing" information. I'm going to create a whole folder to track everything from this point forward. It's reassuring to hear from someone who actually went through this exact situation and came out the other side successfully. Thank you for taking the time to share all these practical tips - it really helps ease the anxiety about what comes next!
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Sophia Russo
I went through almost this exact same situation about 6 months ago! The mixed decision is actually pretty standard when there are multiple eligibility issues involved. You definitely came out ahead overall. The 1256 victory means you avoided what could have been a devastating disqualification period - some people wait months or even years to get that overturned. The 1253(c) denial for your hospital weeks makes perfect sense and honestly shows the system is working correctly since you properly reported being unavailable. One thing that really helped me was keeping a simple log of every call attempt - date, time, how long I waited, whether I got through, etc. It helped me identify the best times to call and also gave me documentation when I finally did reach someone. In my case, Tuesday mornings around 8:15 AM seemed to work best. The backpay should be substantial once they process this, covering all those weeks you've been waiting. Just remember that it might show up as multiple deposits rather than one lump sum, depending on how their system batches the payments. Don't worry if it looks weird at first - the total should match what you're expecting minus those hospital weeks. You're in the home stretch now! The appeal was the hardest part and you won the important piece. Getting EDD to actually implement it is frustrating but much more straightforward.
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AstroAdventurer
•This is incredibly reassuring to hear from someone who went through the exact same thing! The call log idea is brilliant - I've been randomly calling throughout the day and getting nowhere, but tracking patterns makes so much sense. I'm definitely going to start doing that tomorrow and try those Tuesday morning calls you mentioned. It's also good to know about the multiple deposit thing - I would have definitely panicked if I saw weird payment amounts showing up without warning. Really appreciate you sharing your experience and the timeline. It gives me so much hope that this nightmare is almost over and I'll actually see some relief soon. Thank you for taking the time to help a fellow EDD survivor!
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Charity Cohan
Congratulations on getting through the appeal process! This is actually a really positive outcome overall. The split decision might look confusing at first, but you essentially won the big battle and only lost on a minor technical issue. The 1256 determination in your favor is huge - it means you avoided a potentially lengthy disqualification penalty that could have lasted weeks or months. The 1253(c) denial for your hospital period is completely reasonable since you correctly reported being unavailable during that time. From what I've seen with similar cases, you should receive backpay for all eligible weeks except those hospital weeks once EDD processes the decision. However, their system won't automatically update - you'll definitely need to call and have them manually implement the judge's ruling. A few tips for when you call: Have your appeal decision letter handy with all the case numbers, call right at 8 AM when they open for the shortest hold times, and ask the rep to provide written confirmation of what payments they're processing. Also keep certifying for any current weeks while you wait. The part about your employer's reserve account just means they won't see their unemployment insurance tax rate increase - it doesn't affect your benefits at all. You're basically in the clear now, just need to get through the administrative hurdle of actually getting paid!
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Omar Farouk
Ashley, this is actually a really encouraging result! I know the legal language makes it confusing, but you basically won the important battle here. The 1256 ruling means you're not disqualified for how your job ended - that's HUGE and saves you from potentially months of waiting. The 1253(c) denial is just for those specific weeks when you were hospitalized, which makes total sense since you correctly reported being unavailable. I went through something similar and here's what worked for me: Try calling EDD at exactly 8:00 AM when they open - the wait times are much shorter then. Have your appeal decision letter ready with all those subcase numbers. When you get through, ask them to process the judge's decision and request an email confirmation of what they're doing. You should get backpay for all weeks except the hospital period. It might come as multiple deposits rather than one lump sum, so don't panic if the amounts look weird at first. Most importantly, keep certifying for current weeks while waiting - don't let any new weeks become ineligible. The employer reserve account part doesn't affect your benefits at all - it just means your former employer won't see their UI tax rate go up. You're almost at the finish line now!
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